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04-09-2019 (City Council) Agenda Packet Wylie City Council NOTICE OF MEETING Regular Meeting Agenda April 9, 2019 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Matthew Porter Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Stephanie Storm 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.wylietexas.gov 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 • Wylie Downtown Merchants Association Presentation • Wylie Way Students • Proclamation for National Library Week,April 7-13 • Proclamation for Crime Victims' Rights Week,April 7-13 • Proclamation for National Public Safety Telecommunications Week,April 14-20 April 9,2019 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. 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. 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 March 26, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, approval for substantial renovations in accordance with Ordinance No.2013-17 for the remodel of an existing residential structure at 301 W.Brown St.within the Downtown Historic District. (R. 011ie, Development Services Director) C. Consider, and act upon, Resolution No. 2019-10(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall counties, Texas, amending Resolution No. 2019-03(R), Section 1, to amend the election judges; and providing for an effective date. (S. Storm, City Secretary) EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087--Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Development Regulations RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. April 9,2019 Wylie City Council Regular Meeting Agenda Page 3 of 5 REGULAR AGENDA 1. Consider authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation into the City limits and the development of single-family homes within property located in the City's Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. (R. 011ie, Development Services Director) Executive Summary The applicant is proposing an Agreement relating to the annexation of the subject property into the City limits on a voluntary basis and the development,after receiving necessary platting and zoning approvals, of a 14.599-acre residential development consisting of 62 residential lots. The property is currently in the City's ETJ(Collin County)off of Stone Road east of Kreymer. Tabled from 02-26-2019 Remove from table and consider 2. Consider authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to relocate a sanitary sewer line and sewer easement within property located in the City's Extraterritorial Jurisdiction (ETJ), located at 2121 E. Stone Road. (R. 011ie, Development Services Director) Executive Summary The agreement sets forth the Developer obligations for the realignment and relocation of a 24-inch sewer line and a 30-foot sewer easement.The City currently holds a certificate of convenience and necessity for sewer service that includes the property.The City would be the provider of sanitary sewer service for the proposed development. Tabled from 02-26-2019 Remove from table and consider 3. Consider, and act upon, a Preliminary Plat to establish Brookside Estates, creating 73 single- family residential lots and four open space lot on 14.599 acres within Wylie's ETJ, generally located north of Stone Road and east of Kreymer Road,and more specifically at 2121 E. Stone Road. (R. 011ie, Development Services Director) Executive Summary The applicant is proposing a 14.599-acre residential development consisting of 73 residential lots and four open space lots. The property is in the City's ETJ in the county of Collin. As such,the City's Subdivision Regulations apply along with the City's engineering standards, such as street design, due to an inter-local agreement with Collin County. Tabled from 03-26-2019 Remove from table and consider 4. Consider, and act upon, Ordinance No. 2019-09 repealing Ordinance No. 2014-15,codified as Division 3 (Water Conservation 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. (T. Porter, Public Works Director) April 9,2019 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The City Council adopted the current Water Conservation Plan in April 2014. 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. Tabled from 03-26-2019 Remove from table and consider 5. Consider, and act upon, Ordinance No. 2019-10 repealing Ordinance No. 2014-16, codified as Division 2 (Water Resource and Emergency Management Plan) of Article IV(Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a new 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. (T. Porter, Public Works Director) Executive Summary The City Council adopted the current version of the Water Resource and Emergency Management Plan (WREMP)in April 2014.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. 6. Consider, and act upon,Ordinance No. 2019-11 amending Ordinance No.2018-24 (2018-2019 Budget) for proposed mid-year amendments for fiscal year 2018-2019. (M. Beard, 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 in Exhibit A for the requested items which arc located within the General Fund,4B Sales Tax Revenue Fund,and Utility Fund. The requests arc further defined as neutral(matching revenues to expenditures), revenue increases,or expenditure increases. Salary savings from the first half of the fiscal year are included in the amendment. WORK SESSION • Discuss and provide direction on the use of roundabouts as an acceptable means of traffic control at intersections within the City of Wylie. (T. Porter, Public Works Director) • Discussion and direction regarding the possible transfer of ownership of the Wylie Cemetery and the Kreymer Cemetery to the City of Wylie. (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. April 9,2019 Wylie City Council Regular Meeting Agenda Page 5 of 5 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on April 5, 2019 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council Minutes Regular Meeting March 26, 2019—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 6:03 p.m. The following City Council members were present: Mayor pro tern Keith Stephens, Councilman Matthew Porter, Councilman Jeff Forrester, Councilwoman. Candy Arrington, Councilman Timothy T. Wallis, Councilman David Dahl, and Junior Mayor Dylan Ostrom. Staff present included: City Manager Mindy Manson; Assistant City Manager Chris Hoisted; Police Chief Anthony Henderson; Development Services Director Rena& 011ie; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brent Parker; Public Works Director Tim Porter; Project Engineer Wes Lawson; Human Resources Director Lety Yanez; WEDC Executive Director Sam Satterwhite;WEDC Attorney Randy Hullett; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Mayor Hogue gave the invocation and Junior Mayor Dylan Ostrom led the Pledge of Allegiance. PRESENTATIONS • Junior Mayor Dylan Ostrom Mayor Hogue introduced Junior Mayor Dylan Ostrom, administered the oath of office, and presented a proclamation for"Mayor of the Day." • Employee Milestone Anniversary Mayor Hogue and City Manager Manson presented milestone anniversary honors to the following employees: Anthony Henderson,Police Chief—20 years of service • CWD Annual Report—Robert Medigovich,CWD Municipal Coordinator Greg Roemer, president of CWD, gave CWD's annual report regarding solid waste pickup, X-treme Green Events, and sponsorship within the city for 2018. Minutes March 26,2019 Wylie City Council Page 1 • Presentation and discussion from Abernathy, Roeder,Boyd & Hullett, P.C. on regulations and procedures pertaining to the WEDC Randy Hullet, representing Abernathy, Roeder, Boyd & Hullett, addressed Council regarding the City's supervision in regards to the Economic Development Corporation (EDC). The current approach is that the approval process is handled through the budget process; the City Council approves the EDC budget as a component of the City's budget. If a budgeted item exceeds the budgeted amount, then a budget amendment is brought back to the City Council for approval. Monthly financials are approved by the EDC board each month and are presented to the Council for review and to be placed on file. Projects of more significance are brought to City Council in advance to seek input. Any debt incurred by the EDC is brought to the Council in advance for approval. As long as a new project is approved by the EDC Board and is within the annual budget process, and the amount does not exceed the budgeted amount, performance agreements for incentives are not brought to the City Council for approval. Hullett reported most cities do not require Council approval for every performance agreement because a two-step approval process can result in a gap, and in a competitive market, could allow another City to pursue the business. Currently the City Manager and Mayor attend each EDC meeting to understand and know what the EDC is working on. Hullett stated the oversight and level of governance is up to the City Council in how they want to structure the EDC. Councilman Porter asked whether, when the EDC monthly financials are brought to City Council, the Council is approving new projects and expenditures included in the report, or accepting the monthly financial report. Hullett replied that Council is only accepting. Councilman Dahl and Councilwoman Arrington stated they felt like the current process did not need to be changed. Councilman Porter asked if budget amendments are required to be done prior to or after a project. Hullett replied it is usually done semi-annually, and if it is going to exceed the budgeted amount, then it is usually brought to City Council during executive session before moving forward with the project. CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must Jill out a non- agenda form prior to the meeting in order to speak. 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. Michael White and Margaret Eubanks addressed Council with concerns regarding water drainage from Lewis Ranch Estates. Denny Hanson, representing East Fork Masonic Lodge, invited the public to a fish fry at the Lodge on April 6. Melissa Kenfield addressed Council regarding social media standards for city council members. 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 March 12, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) Minutes March 26,2019 Wylie City Council Page 2 B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of November 30, 2018. (S. Satterwhite, WEDC Director) C. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of December 31, 2018. (S. Satterwhite, WEDC Director) D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of January 31, 2019. (S. Satterwhite, WEDC Director) E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2019. (S. Satterwhite, WEDC Director) F. Consider, and place on file, the City of Wylie Monthly Investment Report for February 28, 2019. (M. Beard, Finance Director) G. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28, 2019. (M. Beard, Finance Director) H. Consider, and act upon, vendor application for Wylie East High School Cross Country Team to sell items at a cross-country meet to be held August 31, 2019 at Founders Park. (R. Diaz, Parks and Recreation Director) I. Consider, and act upon, approval of a Final Plat for Woodbridge Phase 21A to establish 61 residential and six open space lots on 24.470 acres, located on McCreary Road approximately 2500' south of FM 544. (R. 011ie, Development Services Director) J. Consider, and act upon, approval of a Final Plat for Woodbridge Phase 21B to establish 92 residential and three open space lots on 22.691 acres, located between McCreary Road and Springwell Parkway approximately 2200' south of FM 544. (R. 011ie, Development Services Director) K. Consider, and act upon, approval of a Final Plat for Woodbridge Townhomes Tract A-3 Phase 1, establishing 95 single-family attached residential lots and four open space lots on 15.981 acres, generally located on the southwest corner of Hooper Road and Hensley Road. (R. 011ie, Development Services Director) L. Consider, and act upon, approval of a Final Plat for Woodbridge Townhomes Tract A-4 Phase 1, establishing 84 single-family attached residential lots and two open space lots on 11.463 acres, generally located on the south of the intersection of Regency Drive and Exchange Street. (R. 011ie, Development Services Director) M. Consider, and act upon, Resolution No. 2019-08(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Collin County for Collin County's use of the City of Wylie's Radio Tower for Public-Safety Radio. (B. Parker, Fire Chief) N. Consider, and act upon, Resolution No. 2019-09(R), to ratify the purchase of two (2) one-ton vehicles from Reliable Chevrolet in the amount of$84,054.00; authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) Minutes March 26,2019 Wylie City Council Page 3 Councilman Porter requested that Consent Items B, C, D, E, K, and L be removed from Consent and considered individually. Mayor pro tem Stephens requested that Consent Item M be removed from Consent and considered individually. Consensus of the Council was to remove Items B, C, D, E, K, L, and M from Consent and consider individually. Council Action A motion was made by Councilman Forrester, seconded by Councilman Dahl, to approve Items A, F, G, H, I, J, and N on the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of November 30, 2018. (S. Satterwhite, WEDC Director) C. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of December 31, 2018. (S. Satterwhite, WEDC Director) D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of January 31, 2019. (S. Satterwhite, WEDC Director) E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2019. (S. Satterwhite, WEDC Director) Council Comments Councilman Porter questioned why on Items B, C, D, and E on the attachment Sales Tax Revenue report that December 2018 is listed under the 2019. column. Satterwhite replied that December 2018 is within FY 2018—2019 with October and November 2018 accrued back to FY 2017—2018. Council Action A motion was made by Councilman Dahl, seconded by Councilman Forrester, to approve Items B, C, D, and E on the Consent Agenda as presented. A vote was taken and the motion passed 7-0. K. Consider, and act upon, approval of a Final Plat for Woodbridge Townhomes Tract A-3 Phase 1, establishing 95 single-family attached residential lots and four open space lots on 15.981 acres, generally located on the southwest corner of Hooper Road and Hensley Road. (R. 011ie', Development Services Director) Council Comments Councilman Porter asked if there is a screening wall. Public Services Director 011ie replied there is a screening wall. Porter asked if the words "substantially conforms" have a different meaning than the words "conforms to the PD." 011ie replied that there was no difference in the meaning. Council Action A motion was made by Councilman Porter, seconded by Councilman Dahl, to approve Item K on the Consent Agenda as presented. A vote was taken and the motion passed 7-0. Minutes March 26,2019 Wylie City Council Page 4 L. Consider, and act upon, approval of a Final Plat for Woodbridge Townhomes Tract A-4 Phase 1, establishing 84 single-family attached residential lots and two open space lots on 11.463 acres, generally located on the south of the intersection of Regency Drive and Exchange Street. (R. 011ie, Development Services Director) Council Comments Councilman Porter stated the question was the same as Item K and was answered. Council Action A motion was made by Councilman Forrester, seconded by Councilman Porter, to approve Item L on the Consent Agenda as presented. A vote was taken and the motion passed 7-0. M. Consider, and act upon, Resolution No. 2019-08(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Collin County for Collin County's Use of the City of Wylie's Radio Tower for Public-Safety Radio. (B. Parker, Fire Chief) Council Comments Mayor pro tem Stephens asked whether, with the County's use of the battery backup, the runtime will be negatively affected. He also asked whether the County's use of a dehydrator port will limit ports available for future growth for Wylie. Fire Chief Parker replied the battery backup will not be negatively affected, and regarding the dehydrator, currently the City has one extra port, and when the County establishes its equipment, the City will have four extra ports. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl, to approve Item M on the Consent Agenda as presented. A vote was taken and the motion passed 7-0. 1. Consider, and act upon, Ordinance No. 2019-09 repealing Ordinance No. 2014-15, codified as Division 3 (Water Conservation 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. (T. Porter, Public Works Director) Staff Comments Public Works Director Porter addressed Council requesting to speak on Items 1 and 2 together. The City Council adopted the current Water Conservation Plan and Water Resource and Emergency Management Plan in April 2014. Title 30 Texas Administrative Code, Chapter 288 requires water systems to update and resubmit their Water Conservation Plans and Drought Contingency Plans to the Texas Water Development Board every five years after initial adoption, or as appropriate due to new or updated information. 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 and Water Resource and Emergency Management Plan that member cities could adopt, with minor modifications to fit individual needs. Porter stated some of the changes are recommendations for additional water conservation measures, urged by NTMWD but not required. Minutes March 26,2019 Wylie City Council Page 5 The proposed plans are very similar to the existing plans and should be an easy transition for water customers. Porter reviewed some of the proposed changes in both the Water Conservation Plan and Water Resource and Emergency Management Plan. A majority of the changes are to the different drought stages in the Water Resource and Emergency Management Plan and the triggers that begin each stage. Council Comments Councilman Wallis clarified that, under the proposed plan, restaurants would be required to ask if customers would like water, not automatically bring it to the table. Wallis asked whether they would be fined if they automatically brought water to the customer, and whether this would be at different stages or all the time. Porter replied that it would be in effect all the time and he is unsure who would police if the restaurants served water automatically without asking. Wallis expressed concerns that this could affect good customer service. Mayor pro tern Stephens asked whether the change refitting existing irrigation systems with rain free sensors and Smart controllers would affect current homeowners. Porter replied that this is a recommended change that NTMWD urges City to consider, but is not a required change. Councilman Forrester asked if other recommendations could be removed from the proposed plan. Porter replied there are compulsory and additional measures; some are required under the plan and others are not. If the City wanted to remove compulsory measures, he would need to meet with the NTMWD to see the procedure. The consensus of Council was to table Items 1 and 2 to get clarification on what changes are required or are recommendations, and what other member cities are adopting. Council Action A motion was made by Councilman Forrester, seconded by Councilman Porter, to table Item 1 to the next City Council meeting. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2019-10 repealing Ordinance No. 2014-16, codified as Division 2 (Water Resource and Emergency Management Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a new 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. (T. Porter, Public Works Director) Staff Comments This item was discussed with Item 1. Council Action A motion was made by Councilman Forrester, seconded by Councilman Porter, to table Item 2 to the next City Council meeting. A vote was taken and the motion passed 7-0. Mayor Hogue recessed the Council to move into a Work Session in the Council Conference Room at 7:36 p.m. Mayor Hogue reconvened into the Work Session at 7:43 p.m. Minutes March 26,2019 Wylie City Council Page 6 WORK SESSION • Discuss the five-year financial plan and provide feedback for future revisions. (M. Manson, City Manager) City Manager Manson addressed Council requesting direction regarding what Council would like to see in the long-range strategic plan and how staff should use the information to present the upcoming budget. Consensus from Council was for staff to provide information during the budget process showing what the City can afford to do staying at the effective tax rate along with a list of the highest of high priorities. Arrington said she felt this process would potentially cause an unfair shift of priorities to departments. Manson stated an incremental approach with recommendations from the City Manager would be the best approach. Manson stated another aspect that needs to be factored in is what it takes to sustain the current level of service and taking care of everyday business. Staff will submit items included in the 5-10 year plan during the budget process each year. If there is not something included in the plan, staff needs to know sooner than later. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 8:25 p.m. Mayor Hogue convened the Council into Executive Session at 8:25 p.m. EXECUTIVE SESSION Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Bennett Road Drainage Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). • Discuss the offer of incentives for Project 2013-3a. 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. • Consider the sale or acquisition of property located near the intersection of Jackson Street and Oak Street. Minutes March 26,2019 Wylie City Council Page 7 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 9:26 p.m. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. There were no Ordinances to read into the official record. ADJOURNMENT A motion was made by Councilman Dahl, seconded by Councilman. Wallis, to adjourn the meeting at 9:28 p.m. A vote was taken and the motion passed 6-0 with Mayor pro tern Stephens absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes March 26,2019 Wylie City Council Page 8 Wylie CityCouncil cTY 0 - Y i AGENDA REPORT Meeting Date: April 9, 2019 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 29, 2019 Exhibits: 1 Subject Consider, and act upon, approval for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 301 W. Brown St. within the Downtown Historic District. Recommendation Motion to approve substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 301 W. Brown St. within the Downtown Historic District. Discussion Owner: F & S Ventures LLC Applicant: Robert Heath The property owner is proposing exterior and interior renovations to an existing residential structure to continue a residential use. Renovations include removal of vinyl siding, new plumbing, electrical, HVAC, interior walls, foundation and new driveway. Existing vinyl siding will be removed to expose the original wood siding. In the event the original wood siding has extensive damage, the applicant will replace the siding in accordance with current standards requiring horizontal wood or a wood pattern between 4"—5" in width. New doors will be wood or wood look. Aluminum frame windows will be replaced with vinyl frame windows. A single 36" window will be removed on the north-facing wall and replaced with wood siding to match. A side exterior door on the east facing wall will also be removed and replace with wood siding to match. A rear exit door and window will also be relocated to create a new rear exit and single window. The owner desires to begin as soon as possible. HRC DISCUSSION: The Commission asked if the existing garage would remain. The applicant stated that it would remain and siding to match the house. 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No. 2019-03(R), Section 1, to amend the election judges; and providing for an effective date. Recommendation Motion to approve Resolution No. 2019-10(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall counties, Texas, amending Resolution. No. 2019-03(R), Section 1, to amend the election judges; and providing for an effective date. Discussion The offices of City Council positions, Places 1 and 3 will expire in May 2019. Resolution No. 2019-03(R) appointed the election officials for the May 4, 2019 General Election and was approved by Council at the January 22, 2019 City Council meeting. Kim Washington was approved to serve as Early Voting Alternate Judge at Smith Public Library and is unable to serve. William Martin has agreed to serve in place of Kim Washington. By the amending the Resolution, the Council will approve and replace an election judge for the May 4, 2019 General Election to serve at the Smith Public Library. Resolution No. 2019-03(R) stipulates that in the event the appointed judges/alternates are unable to execute or complete their duties for any reason, the Collin County Elections Administrator and/or Stephanie Storm may identify additional judges/alternate judges that the City Council shall appoint as soon as possible. Page 1 of 1 RESOLUTION NO. 2019-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN,DALLAS AND ROCKWALL COUNTIES,TEXAS,AMENDING RESOLUTION NO. 2019-03(R), SECTION 1, TO AMEND THE ELECTION JUDGES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted Resolution No.2019-03(R)appointing election officials for the General Election in the City of Wylie, Texas ("City") on May 4, 2019 ("Election"); and WHEREAS, it has come to the attention of the City Council that the Alternate Judge Kim Washington, is unable to serve as the Smith Public Library Alternate Early Voting Judge; and WHEREAS,the City Council has investigated and determined that it is in the best interest of the citizens of Wylie to amend Resolution No.2019-03(R)and appoint William Martin as the Smith Public Library Alternate Early Voting Judge to replace Kim Washington; and WHEREAS, based upon Section 1 amended below, the City shall amend Resolution No. 2019-03(R)to identify William Martin as the replacement judge for the Smith Public Library polling place. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: Findings Incorporated. The findings set forth above are incorporated herein for all purposes. SECTION 2: Amendment to Resolution No. 2019-03(R). Resolution No. 2019-03(R) is hereby amended as follows: SECTION 1: The following election judges are hereby appointed to preside over the election to be held on Saturday, May 4, 2019, for the purpose of electing two Council Members to fill the following expiring terms on the Wylie City Council (Place 1 and Place 3): Early Voting: Smith Public Library James Anthony, Presiding Judge, 2008 Fairway Winds Court, Wylie William Martin,Alternate Judge, 402 Hilltop Lane, Wylie Election Day: Smith Public Library Ruthie Wright, Presiding Judge, 113 N. Winding Oaks,Wylie Linda Davis, Alternate Judge,301 West Kirby#121,Wylie Resolution No.2019-10(R) Page 1 of 2 Amending Resolution No.2019-03;Appointing Election Officials for May 4,2019 General Election 682486 The foregoing election judges shall preside over the election in Collin County,Dallas County, and Rockwall County. The Election Day election officers are hereby appointed to serve as the Early Voting Ballot Board for the election in Dallas County and Rockwall County. Ruthie Wright shall serve as the Early Voting Ballot Board's presiding officer for Dallas County and Rockwall County. The voting station for the Early Voting Ballot Board shall be the Smith Public Library,300 Country Club Road, Bldg. 300, Wylie, Texas 75098. A maximum of three clerks shall be appointed by each presiding judge appointed above. The Collin County Elections Administrator is authorized to appoint the Early Voting Ballot Board and its presiding officer for the election in Collin County. The Collin County Elections Administrator is authorized to appoint the presiding judge and alternate judge of the central counting station operating in the election in Collin County. In the event the appointed presiding judges/alternate judges are unable to execute or complete their duties for any reason,the Collin County Elections Administrator and/or Stephanie Storm may identify additional judges that the City Council shall appoint as soon as possible. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Collin,Dallas and Rockwall Counties, Texas, on this the 9th day of April, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No.2019-10(R) Page 2 of 2 Amending Resolution No.2019-03;Appointing Election Officials for May 4,2019 General Election 682486 Wylie CityCouncil cTY 0 - Y i AGENDA REPORT Meeting Date: April 9, 2019 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 4, 2019 Exhibits: 6 Subject Consider authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation into the City limits and the development of single-family homes within property located in the City's Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. Recommendation Motion to authorize the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation and development of single-family homes within property located in the City's Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. Discussion APPLICANT: Trey Wallette for Skorburg Company The applicant is proposing an Agreement relating to the annexation of the subject property into the City limits on a voluntary basis and the development, after receiving necessary platting and zoning approvals, of a 14.599-acre residential development consisting of 62 residential lots. The property is currently in the City's ETJ (Collin County) off of Stone Road east of Kreymer. Exhibit B contains the annexation agreement as is being requested by the land owners. The agreement sets forth the property under consideration, development standards, special conditions, conceptual site layout, and developer obligations for the realignment and relocation of a City owned 24-inch sewer line already in place on the property. The agreement specifically states that the property shall be developed in compliance with Exhibits C and D regardless if the zoning application is approved or not. It further states that the proposed relocation of the existing sanitary sewer easement will be approved when the preliminary plat application for the property is approved by Council. Exhibit C is the concept plan identifying lot layout, right-of-way locations, detention areas, and the tree preservation area. Section 8.1.C.l.a of the Zoning Ordinance requires that a change in the concept plan constitute a change in zoning requiring a separate approval. Exhibit D contains the development standards and special conditions. Some differences between the proposed agreement and city standards include but are not limited to: Page 1 of 2 Page 2 of 2 Proposed Current City Standards 5,500 sqft lot minimum 10,000 sqft lot minimum 50 ft lot width 50 ft lot width minimum 1,600 sqft min. dwelling 2,400 sqft min. dwelling 90% at 25 ft; 10% at 20 ft front setback min. 25 ft 5 ft side setback min. 10 ft 90% at 15 ft; 10% at 10 ft rear setback min 25 ft lot coverage (65%max) 45%max garages (400 sqft minimum) 500 sqft minimum elevation repetitions (5 minimum) 7 Minimum 80% masonry exterior 100% masonry exterior The applicant proposes to develop a maximum of 25% of the homes at 1,600 sqft and a minimum of 75% of the homes at 2,000 sqft. Exterior material will be comprised of 80% masonry and the balance being window boxes, gables, architectural shingle and etc., excluding windows, doors and other openings. Non-masonry materials shall be limited to side elevations. In addition, the applicant is requesting a reduction of parkland dedication from $124,000 ($2,000 per lot x 62 lots) to $62,000 (1,000 per lot x 62 lots) with a land dedication of 1.4 acres in lieu of the required 3.1 acres. The Parks Board recommendation from the April 8, 2019 meeting will be presented. Any park improvements must be completed prior to the issuance of a certificate of occupancy. In an effort to preserve the eastern tree line, the applicant proposes a minimum 15-foot landscape buffer as depicted in Exhibit C to be owned and maintained by the HOA. No drainage, access, utility, or other easements will be allowed in the buffer. Exhibit E contains the proposed agreement between the City and the developer to relocate an existing City owned sewer line and easement. The sewer is a main 24" line with a 30-foot sewer easement. In short, the agreement requires the developer to shoulder the costs of relocation and continued operation of a by-pass line during construction. 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 TEXAS LOCAL GOVERNMENT CODE CHAPTER 43, SUBCHAPTER C-3 AND § 212.172 THIS AGREEMENT (the "Agreement") is made and entered into by and between the City of Wylie, Texas, a home-rule municipal corporation of the State of Texas (hereinafter referred to as "City"), and John Englar and Yanyu Duan or their assigns (hereinafter called"the Owner"),whether one or more natural persons or other legal entities. By the signatures below,the Owner warrants and represents that there are no other owners of any portion of the Property (hereinafter defined) and no other third parties holding an interest therein. City and Owner are sometimes referred to herein, individually or collectively, as the case may be, as a "Party" or the "Parties." WHEREAS, the Owner owns a parcel of real property, a total of approximately 14.599 acres of land,as described in Exhibit A(hereinafter called"the Property"),which is located within Collin County and the extraterritorial jurisdiction ("ETJ") of the City; and WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the team, conditions and limitations hereinafter set forth and applicable Texas law and City ordinances and regulations, that the City shall provide sewer service to the Property; and WHEREAS, in consideration of the City providing sewer service to the Property, the Owner will petition the City to annex the Property pursuant to Subchapter C-3, Chapter 43 of the Texas Local Government Code; and WHEREAS, the Parties acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the Texas Local Government Code, and upon the request of the City, the Owner shall promptly execute all applications and documentation required by Texas law to petition for annexation as required by Texas law; and WHEREAS, this Agreement is entered into pursuant to Chapter 43, Subchapter C-3 and 212.172 of the Texas Local Government Code, in order to address the needs of the Owner and the procedures of the City; and Development Agreement—Brookside Page 1 of 43 2700913 WHEREAS,the Owner and the City acknowledge that this Agreement runs with the land and is binding upon the City and the Owner and any subsequent owner of any portion of the Property for the term of this Agreement, as defined below; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Collin County. NOW THEREFORE, for and in consideration of the mutual covenants, conditions and agreements contained in this Agreement, and other good and valuable consideration, the City and Owner agree as follows: 1. Identification of the Property. The Property is described as the property owned by the Owner within the boundaries of the area depicted and more particularly described in Exhibit A, attached hereto and incorporated herein by reference. 2. Annexation. The Parties acknowledge and agree that this Agreement constitutes an agreement to petition for annexation of the Property with the consent of the Owner in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code. The formal Petition/Consent for Annexation is attached hereto as Exhibit B and made a part hereof. Upon the request of the City, the Owner shall execute Exhibit :B and all other applications and documentation required by Texas law. The City shall provide ten (10) days' notice of such request for completion of annexation applications and documentation. Owner acknowledges and agrees that the Property is eligible for annexation under Subchapter C-3 of Chapter 43 of the Texas Local Government Code. After annexation, the use and development of the Property shall conform to all City ordinances, rules, regulations and requirements, as they exist, may be amended or in the future arising, relating to or affecting the development and use of the Property, except as set forth in this Agreement. City is authorized to enforce all of the City's regulations and planning and zoning authority on the Property in the same manner the regulations are enforced within the City's corporate limits, subject to the teiiiis and conditions of this Agreement. Owner covenants and agrees that Owner will not request final approval of any type of plat or other development document for any part or parcel of the Property with Collin County, the City or otherwise until such part or parcel of the Property has been properly annexed into and permanently zoned by City. Owner further covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the City's corporate limits,until the part or parcel of the Property has been properly subdivided, annexed into and permanently zoned by City, subject to the terms of this Agreement. Owner agrees to obtain permits and inspections from City, and pay all related fees to City. Notwithstanding the foregoing, a maximum park dedication and/or improvement fee of$1,000.00 per residential dwelling unit will be assessed by the City on the Property. 3. Zoning. The Parties agree that concurrent with the filing of the petition for annexation the Owner shall submit to City an application to permanently zone the Property in accordance with the City's usual and customary procedures and requirements for such applications. The Parties agree that the zoning application will request a planned development district Development Agreement—Brookside Page 2 of 43 2700913 based on single family-residential uses in accordance with the lot layout plan attached hereto as Exhibit C and the development standards attached as Exhibit D. The Parties agree that, if the application is approved and permanent zoning granted by City Council, the Property will be developed pursuant to the site plan attached hereto as Exhibit C and the development standards attached as Exhibit D. The City Council will consider the annexation and permanent zoning of the Property at the same meeting, with the zoning application being heard first and, should it be approved, such approval shall be conditioned on the City Council approving the annexation of the Property. The Owner acknowledges and agrees that this Agreement does not in any way guarantee that the City Council will grant Owner the particular zoning requested in the application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny Owner the particular zoning requested in the application or otherwise. Regardless of whether the zoning application is approved by the City Council,the Property shall be developed in compliance with Exhibit C and Exhibit D. 4. Platting. The Parties agree that Owner shall submit a preliminary plat application in accordance with the City's usual and customary procedures and requirements for such applications and that the preliminary plat application shall comply with Exhibit C and the City's then-current Subdivision Regulations and other applicable laws, ordinances and requirements, unless in conflict with the terms of the Agreement, in which case this Agreement shall control. Owner acknowledges and agrees that this Agreement does not in any way guarantee that the City Council will grant Owner the particular preliminary plat requested in the preliminary plat application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny Owner the particular preliminary plat requested in the application or otherwise. The parties agree that the proposed agreement to relocate a portion of the existing sanitary sewer easement on the Property as set forth in Exhibit E will be approved when the preliminary plat application for the Property is approved. 5. Agreement a Covenant Running With the Land. This Agreement shall be recorded in the Real Property Records of Collin County and shall be a covenant running with the land, binding upon all Parties having any right,title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. This Agreement may not be revised or amended without the written consent of all Parties. 6. Notice. Prior to the sale or conveyance of any portion of the Property, the Owner shall give written notice and a copy of this Agreement to the prospective purchaser or grantee, shall provide a copy of such disclosure to the City and shall give written notice of the sale or conveyance to the City. 7. Form and Delivery of Notice. 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 Development Agreement—Brookside Page 3 of 43 2700913 return receipt requested;by electronic mail,with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Party 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 City, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Email: chris.holsted@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd& Hullett, P.C. Attn: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Email: rpittman@abernathy-law.com If to Owner, addressed to them at: John Englar and Yanyu Duan 503 Stonehedge Drive Wylie, Texas 75098 Telephone: Email: 8. Enforcement. This Agreement may be enforced by Owner or City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter. 9. Vested Rights. This Agreement shall confer no vested rights on the Property, except as expressly set forth herein. 10. Attorneys' Fees. If either Party files any action or brings any proceeding against the other arising from this Agreement, then as between Owner and City, the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. Gov'T CODE§ 271.153, as it exists or may be amended, if applicable. 11. 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 Development Agreement—Brookside Page 4 of 43 2700913 one Party to the other under this Agreement shall be considered to have been relied on by the other Party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either Party. 12. 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. 13. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,perfoliiiance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 14. Consideration. The Parties acknowledge and agree that this Agreement is executed without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. 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 or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other Party. 16. 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 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 that such authorization is valid and effective on the effective date of this Agreement. 17. Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid,illegal,void,unenforceable or unlawful by a court of competent jurisdiction,then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 18. Representations. Each Party represents that it has carefully read this Agreement, knows the contents hereof,has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 19. 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. Development Agreement—Brookside Page 5 of 43 2700913 20. 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. 21. Immunity. It is expressly understood and agreed that, in the execution and perfoimuance of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any defense or immunity,including governmental, sovereign and official immunity,that would otherwise be available to it against claims arising in the exercise of governmental powers and functions other than specific performance of this Agreement. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. 22. Reference to Owner. When referring to an"Owner"herein, this Agreement shall refer to and be binding upon each of the Owners, jointly and severally, and Owner's 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 Owner is legally responsible. 23. Reference to City. When referring to "City"herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. 24. 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 either 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. 25. Term. The term of this Agreement shall be 45 years in accordance with § 212.172(d), TEX.Loc. Gov'T CODE. [Signatures appear on the next page.] Development Agreement—Brookside Page 6 of 43 2700913 IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective when all the Parties have signed it. The date this Agreement is signed by the last Party to sign it (as indicated by the date associated with that Party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE JOHN ENGLAR By: Mindy Manson, City Manager Printed Name: Date: Date: YANYU DUAN By: Printed Name: Date: State of Texas § County of Collin § This instrument was acknowledged before me on the day of April 2019, by , City Manager of the City of Wylie, a Texas home-rule municipality, on behalf of said municipality. By: Notary Public, State of Texas State of Texas § County of § This instrument was acknowledged before me on the day of April 2019,by John Englar. By: Notary Public, State of Texas State of Texas § County of § This instrument was acknowledged before me on the day of April 2019, by Yanyu Duan. By: Notary Public, State of Texas Development Agreement—Brookside Page 7 of 43 2700913 After Recording Return to: City Secretary City of Wylie 300 Country Club Road Building 100, 1st Floor Wylie, Texas 75098 Development Agreement—Brookside Page 8 of 43 2700913 Exhibit A Property Description All that tract of land in Collin County, Texas, out of the Francisco De La Pina Survey, A-688, being all of that called 5.365 acres of land described in a deed to John Reschke as recorded under CC# 20081118001341760 of the Official Public Records of Collin County, Texas, and being all of that called 9.184 acres of land described in a deed to John Frederick Reschke II as recorded under CC# 20100521000511250 of the Official Public Records of Collin County, Texas, and further described as follows: BEGINNING at a 3/8 inch steel rod found on the North line of Stone Road,at the Southwest corner of said 5.365 acres, and at the Southeast corner of that called 2.996 acres of land described in a deed to Randall D. Grubbs, Brenda G. Grubbs, and Kyle Dwayne Clark as recorded under CC# 20130122000092780 of the Official Public Records of Collin County, Texas, from which a 1/2 inch steel rod found bears North 89 degrees 52 minutes 24 seconds West, 499.30 feet for witness; THENCE North 00 degrees 09 minutes 32 seconds East, 522.63 feet to a 3/8 inch steel rod found at an ell corner of said 5.365 acres, and at the Northeast corner of said 2.996 acres, from which a 1/2 inch steel rod found at the Northwest corner of said 2.996 acres bears North 89 degrees 51 minutes 47 seconds West, 249.44 feet for witness; THENCE North 89 degrees 51 minutes 47 seconds West, 500.37 feet to a 5/8 inch steel rod set capped `Boundary Solutions" at the Westerly most Southwest corner of said 5.365 acres, at the Northwest corner of that called 1.50 acres of land described in a deed to Wendell H. Daniel as recorded in Volume 5312, Page 5682 of the Land Records of Collin County, Texas, and on the East line of that called 4.892 acres of land described in a deed to Frank Solla and wife, Julia Solla as recorded in Volume 5135,Page 3349 of the Land Records of Collin County, Texas, from which a 1/2 inch steel rod found at the Southeast corner of said 4.892 acres bears South 00 degrees 00 minutes 00 seconds East, 174.98 feet for witness; THENCE North 00 degrees 00 minutes 00 seconds East(Bearing Basis), 675.80 feet to a 1/2 inch steel rod found at the Northwest corner of said 9.184 acres, at the Northeast corner of said 4.892 acres, and on the South line of that called 5.00 acres of land described in a deed to Guy L. Cates as recorded under CC# 20070627000881390 of the Official Public Records of Collin County, Texas, from which a 3/8 inch steel rod found bears North 89 degrees 59 minutes 25 seconds West, 375.43 feet for witness; THENCE South 89 degrees 59 minutes 25 seconds East, 745.17 feet to a point at the Northeast corner of said 9.184 acres, and at the Southeast corner of said 5.00 acres, from which a nail found bears South 17 degrees 59 minutes 11 seconds West, 0.92 feet for witness, and from which a 1/2 inch steel rod found bears South 00 degrees 17 minutes 47 seconds East, 246.31 feet for witness; THENCE South 00 degrees 17 minutes 47 seconds East, 1200.07 feet to a 5/8 inch steel rod set capped "Boundary Solutions" on the North line of Stone Road, at the Southeast corner of said Development Agreement—Brookside Page 9 of 43 2700913 9.184 acres, and on the West line of that called 2.026 acres of land described in a deed to Christopher D. Pollard as recorded in Volume 3296, Page 223 of the Deed Records of Collin County, Texas; THENCE North 89 degrees 52 minutes 24 seconds West, 252.46 feet along the North line of said Stone Road to the POINT OF BEGINNING, containing 14.606 acres of land, more or less. Development Agreement—Brookside Page 10 of 43 2700913 EXHIBIT B PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: The undersigned owner(s) of the hereinafter described tract(s) of land petition your honorable City Council to extend the present city limits so as to include as part of the City of Wylie, Texas, the territory described in the attached Exhibit A, including a survey by metes and bounds or legal description with subdivision, lot and block with a graphic exhibit clearly showing the tract(s). We certify that in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed: Signed: THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared and known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this day of April, 2019. Notary Public in and for County, Texas. Development Agreement—Brookside Page 11 of 43 2700913 EXHIBIT C i ` 4 1. 1 UV a„ !� , �_1 �. ROW ' i t a ' Al i ar �I j ' . w 1C4 .... . i c.. .�_..._, 1 — _ . : BROOKSIDE ESTATES t LOT LAYOUT EHIBI "BANISTER .-: ( 4.. 17= ...__ . �1E N Gh N EE RING Development Agreement—Brookside Page 12 of 43 2700913 4813-8474-6633v.21.9719-87 EXHIBIT D DEVELOPMENT STANDARDS I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances or the Zoning Ordinance, as they exist or may be amended, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 - Planned Development— Single Family(PD— SF) Lot Size (Minimum) Lot Area(sq. ft.) 5,500 Average Lot Area 6,000 Lot Width at building line (feet) 50 Lot width of corner Lots at building line (feet) 55 Lot Depth at building line (feet) 100 Lot Depth of Double Front Lots at building line 110 (feet) Dwelling Regulations (Minimum Square Footage A/C space) Maximum of 25% of the lots 1,600 Minimum of 75% of the lots 2,000 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements—Main Structures Front Yard(feet) Minimum of 90% - 25 Maximum of 10% -20 Side Yard(feet) 5 Side Yard of Corner Lots (feet) 10 Rear Yard(feet) Minimum of 90% -15 Maximum of 10% - 10 Rear Yard Double Front Lots (feet) 20 Lot Coverage 65% Height of Structures Development Agreement—Brookside Page 13 of 43 2700913 Main Structure (feet) 40 Accessory Structure(feet) No Accessory Structures Allowed IL SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 64 lots. 2. Minimum Density is 60 residential lots or 4.1 residential lots per gross acre. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required. 5. A minimum fifteen (15) foot landscape buffer, to be owned any maintained by the HOA as shown on Exhibit C, will be provided along the eastern property line as shown in the site plan. The purpose of the landscape buffer is to protect the existing tree line, Therefore, no drainage, access,utility, or other easements will be allowed in this buffer. A fifteen(15) foot drainage easement shall be permitted in the vicinity of Design Point A as shown on Exhibit C. In no circumstance shall this drainage easement encroach more than 1,000 square feet of landscape buffer. 6. Initial park or open space improvements shall be approved by the City of Wylie. Park improvements and open space will be owned and maintained by the HOA. Any park improvements must be completed and accepted by the City prior to the issuance of a certificate of occupancy for any structure on the Property. 7. A tree preservation plan for the entire Property, in accordance with Section 7.6 of the Zoning Ordinance shall be submitted for consideration by the City at the same time as a preliminary plat. IV. DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with the following criteria: 1. Provision of Public Pathways -Public Open Space None 2. Provision of Public Pathway—Perimeter Walkways and Landscape A.BASE STANDARD Residential Development shall provide a 40 feet wide buffer,with a 6 feet wrought iron fencing between brick or stone columns (50 ft o.c.) The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Development Agreement—Brookside Page 14 of 43 2700913 Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear a. DESIRABLE DESIGN ATTRIBUTES None 1. Lighting and Furnishings Along Open Space, Easements and Trails b. BASE STANDARD (1) 8' wide distinctive striping and buttons or similar approved by city engineer at main entry; 6 ft wide at interior street connectors Development Agreement-Brookside Page 15 of 43 2700913 C. DESIRABLE DESIGN ATTRIBUTES (1) 8' wide distinctive striping and buttons or similar approved by city engineer crossing at main entry; B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. BASE STANDARD Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. DESIRABLE DESIGN ATTRIBUTES Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). dY h, 2 �� p, swMMm. 1 ,x^w•. i ,1,� a , g try- N wr %y 'E .�,1 'S,mU�^��a'sx ,�"� '� ,e .. ��.n 2. Street Treatments—Street Name Signs a. BASE STANDARD Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. DESIRABLE DESIGN ATTRIBUTES: None 3. Street Treatments—Pedestrian Crosswalks a. BASE STANDARD Development Agreement—Brookside Page 16 of 43 2700913 All crosswalks within a Residential development are to be eight feet wide with distinctive striping and buttons or similar approved by city engineer and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. DESIRABLE DESIGN ATTRIBUTES: None 4. Pedestrian Sidewalks - Sidewalk Locations a. BASE STANDARD Five feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. DESIRABLE DESIGN ATTRIBUTES: None 5. Pedestrian Sidewalks - Sidewalk Lighting a. BASE STANDARD Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 3.50 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. t a.a '4 t " Y. A f 1 HIS 4 4^'SS A n w Development Agreement—Brookside Page 17 of 43 2700913 b. DESIRABLE DESIGN ATTRIBUTES: None 6. Perimeter Alleys a. BASE STANDARD No Alleyways shall be required for the subdivision. b. DESIRABLE DESIGN ATTRIBUTES: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. BASE STANDARD In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the facade shall be offset a minimum of two feet either protruding from or recessed back from the remainder of the façade. b. DESIRABLE DESIGN ATTRIBUTES: None 2. House Numbers a. BASE STANDARD All single family residential units shall have lighted front stone wall plaques with resident address beside the main entry of the dwelling unit. b. DESIRABLE DESIGN ATTRIBUTES: NONE 3. Exterior Facade Material a. BASE STANDARD All single family residential units shall have a minimum of 80 percent of the exterior facade composed of kiln-fired clay brick, rock, or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., excluding windows, doors and other openings. Non-masonry materials shall be limited to side elevations. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two feet Development Agreement—Brookside Page 18 of 43 2700913 from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. DESIRABLE DESIGN ATTRIBUTES: None 4. Exterior Facades—Porch a. BASE STANDARD Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 100 total square feet of floor area. b. DESIRABLE DESIGN ATTRIBUTES: None. 5. Exterior Facades - Chimneys a. BASE STANDARD Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped and Fireplace chimneys shall incorporate a minimum of 40 percent stone, matching the accent exterior facade materials of the house for houses with Chimneys. 6. Roofs and Roofing - Roof Pitch a. BASE STANDARD All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. A minimum roof pitch of 4:12 will be allowed over porches and patios. 1212 1t"1B? F nimum Roof 01.2Pitch Allowed 8 12 4:12 b. DESIRABLE DESIGN ATTRIBUTES: None Development Agreement—Brookside Page 19 of 43 2700913 7. Roofs and Roofing -Roofing Materials a. BASE STANDARD All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not pelinitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. DESIRABLE DESIGN ATTRIBUTES: None 8. Roofs and Roofing -Roof Eaves a. BASE STANDARD No wood fascia or soffits are permitted. tc Ma w '",I v av i �ti r x u x tt III w` b, ' m b. DESIRABLE DESIGN ATTRIBUTES: None 9. Repetition of Residential Unit Designs—Repetition of Floor Plan and Elevation a. BASE STANDARD A minimum of five platted residential lots must be skipped on the same side and three lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical(or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. In the event a single family residential unit with an identical (or nearly identical) street elevation is repeated within seven (7) platted lots on the same side of the street or five (5) lots on the opposite side of the street, the masonry's primary color may not match that of the identical(or nearly identical) street elevation. Development Agreement—Brookside Page 20 of 43 2700913 1--.L1.—_._i—.—I_. 1_.1-1._t_.--1--. _I_.J_._ ' T'T'-r_'IT"T'T'T0K(—_t—.'T"T'— . . . . . . . . . . . . . . . . . 5 imp ' 7 61 51 41 31 2 ( 1 I 3 lot skipp4d ppclsite sice of street ( 6 ( 7 ( _ 5 lot skippild same side of street 7 , "® 5 , 4 , 3 ' 2 ' 1 ' � ' 1 2 3 4 5 6 , 7 , NO i I I I 1 I •T'T'-1—'T—i—r'T'T'l—'1-1'—r T'T' Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. DESIRABLE DESIGN ATTRIBUTES: None 10. Garage Entry a. BASE STANDARD Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 400 square feet. b. DESIRABLE DESIGN ATTRIBUTES: None 11. Dwelling Size a. BASE STANDARD The minimum square feet of floor space shall be (a maximum of 25%) of the houses 1,600 s.f.,(a minimum of 75%)of the houses 2,000 s.f.measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. BASE STANDARD (1) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with minimum 50 percent transparency constructed of wood or wrought iron. Development Agreement—Brookside Page 21 of 43 2700913 (2) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. (4) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. DESIRABLE DESIGN ATTRIBUTES None 13. Landscaping a. BASE STANDARD (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. (3) Each residential dwelling unit shall have an automated, subsurface irrigation system. b. DESIRABLE DESIGN ATTRIBUTES None. 14. Outdoor Lighting a. BASE STANDARD All residential dwelling units shall have an illuminated standard porch light at the front entry. b. DESIRABLE DESIGN ATTRIBUTES None. 15. Conservation/Sustainability a. BASE STANDARD Each residential dwelling unit must comply with the Energy component of the Building Code. b. DESIRABLE DESIGN ATTRIBUTES None Development Agreement—Brookside Page 22 of 43 2700913 EXHIBIT E 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 BIFFORF:IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRINFRs,LICENSE NUMBER, After Recording Return to: City of Wylie Attention:City Manager 300 Country Club Road Wylie,Texas 75093 AGREEMENT TO RELOCATE SEWER FACILITIES This Agreement to Relocate Sewer Facilities("Agreement")is made and entered into by and among John Englar and Yanyu Duan or their assigns (collectively, "Developer") and the City of Wylie,Texas("City").Developer and City are sometimes referred to herein,individually or collectively,as the case may be,as a"Party"or the"Parties." RECITALS WHEREAS, Developer is the sole owner and the developer of approximately 14.599 acres of real property located within the extraterritorial jurisdiction of the City,more particularly described on Exhibit A attached hereto(the"Property");and WHEREAS,Developer is proposing a residential development on the Property and seeks City's approval of a preliminary plat for the proposed development("Project");and WHEREAS,the City currently holds a certificate of convenience and necessity for sewer service that includes the Property,so the City would be the provider of sanitary sewer service for the proposed development;and WHEREAS, the City currently has a 24-inch sewer line ("Existing Sewer Line") and a 30-foot sewer easement on the Property("Existing Easement")in the location generally depicted on Exhibit B attached hereto;and WHEREAS, Developer has asked the City to allow Developer to realign the Existing Sewer Line and relocate the Existing Easement on the Property to accommodate the proposed development on the Property;and WHEREAS,the Parties have agreed that Developer may realign the Existing Sewer Line and relocate the Existing Easement on the Property at Developer's sole cost and expense as a condition of City's approval of a final plat for the Property and as more specifically set forth in, and subject to the terms and conditions of,this Agreement. NOW, THEREFORE, for and in consideration of the mutual rights and obligations set forth herein,the Parties hereby covenant and agree as follows: 1. Realignment and Relocation.The Parties acknowledge and agree that Developer will be Agreement to Relocate Sewer Facilities Page 1 of 21 2672611 Development Agreement—Brookside Page 23 of 43 2700913 required to realign the Existing Sewer Line and relocate the Existing Easement at the approximate location shown on Exhibit C attached hereto in order to accommodate Developer's proposed development. As a condition of City's approval of a final plat for the Property,Developer shall complete all actions necessary to realign the Existing Sewer Line and relocate the Existing Easement at Developer's sole cost and expense. 2. Dedication of New Easement.In the event that Developer completes the relocation of the Existing Easement and the realignment of the Existing Sewer Line in accordance with this Agreement,the City will abandon the Existing Easement and Developer will dedicate to the City, and the City will accept, a new 30-foot sanitary sewer easement ("New Easement") on the Property, in the location shown on Exhibit C attached hereto, via the final plat for the Property to allow for the constructing, reconstructing, operating, repairing,enlarging,re-building,replacing,relocating,altering,removing and perpetually maintaining of the Improvements (as defined herein). The City shall not be required to abandon the Existing Easement unless and until Developer dedicates to the City the New Easement and completes the Improvements in accordance with this Agreement. Developer shall: (i) dedicate the New Easement free and clear of any liens, attachments and encumbrances; and (ii) secure the authorized signatures of any person or entity deemed necessary by City to consent to the dedication of the New Easement. Nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void,invalidate or otherwise modify in any way any requirement or obligation under any City ordinance,regulation or standard,including but not limited to the City's Subdivision Regulations,as they exist or may be amended,for the dedication,grant or conveyance of any type of easement rights and/or fee simple right-of-way required as part of any development or redevelopment of the Property or any portion thereof. Moreover,nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void, invalidate or otherwise modify in any way City's authority and right to require Developer to convey easement rights, fee simple right-of-way or other property interests pursuant to City's condemnation authority. 3. Design and Construction of Improvements. (a) As a condition of City's approval of a final plat for the Property, Developer, at Developer's sole cost and expense, shall design and construct a new 24-inch sanitary sewer line and all necessary appurtenances thereto within the New Easement and shall connect the new line to the City's sewer system(collectively, "Improvements").The Improvements shall replace the Existing Sewer Line. (b) Developer shall cause the design and construction of the Improvements in a good and workmanlike manner and in accordance with all State and City laws, ordinances,rules and regulations,as they exist or may be amended,relating to the design and construction of public facilities (collectively, "Construction Requirements"). Developer shall submit to City the designs, plans and specifications for the Improvements in compliance with this Agreement and all Construction Requirements (collectively, "Plans"). The Plans must be approved, in writing, by City (collectively, "Approved Plans"), before Developer begins Agreement to Relocate Sewer Facilities Page 2 of 21 2672631 Development Agreement—Brookside Page 24 of 43 2700913 construction of the Improvements. Developer shall provide to City, at Developer's sole cost and expense, all engineering drawings and documents necessary to construct the Improvements, including the Approved Plans,without any restrictions on City's use of such drawings and documents. The Property shall be accessible by City and its employees, agents and contractors for the purpose of inspecting the Improvements,and the construction thereof,at all times. (c) The Improvements must be completed, finally accepted by City and conveyed to City in accordance with this Agreement,the Approved Plans and the Construction Requirements (collectively, "City's Final Acceptance"). Developer must complete the Improvements, comply with all obligations under this Agreement and obtain City's Final Acceptance of the Improvements before, and as a condition of,City's approval of the final plat on the Property. (d) Bonds. (i) Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, as amended, other applicable law or this Agreement (collectively,the"Bonds")shall be provided by Developer to City. (ii) Before commencing construction of the Improvements, Developer shall cause to be delivered a payment bond and a performance bond, each of which shall be in an amount equal to one hundred percent (100%) of the amount of the estimated costs to complete the Improvements to ensure City is indemnified: (A)against any claims for nonpayment of any part of the construction or work performed in connection with the Improvements; and (B) for the completion of the Improvements in accordance with this Agreement. Prior to City's Final Acceptance of the Improvements, Developer shall cause to be delivered to City a two (2)year maintenance bond in an amount equal to one hundred percent(100%)of the amount of the estimated costs to complete the Improvements to ensure the repair or remedy of any maintenance issues City may have regarding the Improvements after City's issuance of City's Final Acceptance of the same. (iii) The Bonds must be: (A) good and sufficient bonds; (B) in the amounts prescribed herein; (C)with a reputable and solvent corporate surety and in favor of City; and (D) in compliance with any other City requirements relating to such bonds. (e) Before commencing construction of the Improvements, Developer shall include the following provisions in any contract with any person or entity hired by Developer to construct all or any portion of the Improvements (collectively, "Developer Contractor"): Agreement to Relocate Sewer Facilities Page 3 of 21 2672631 Development Agreement—Brookside Page 25 of 43 2700913 (i) "All warranties provided to [Developer] shall inure to the benefit of the City of Wylie,Texas for all purposes." (ii) "[DEVELOPER CONTRACTOR] SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF WYLIE AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH),PROPERTY DAMAGES (INCLUDING LOSS OF USE)AND OTHER LOSSES,DEMANDS,SUITS,JUDGMENTS, EXPENSES AND COSTS, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THE INDEMNITY),ARISING OUT OF,RELATED TO OR RESULTING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, ANY WORK PERFORMED BY [DEVELOPER CONTRACTOR] IN CONNECTION WITH [THE IMPROVEMENTS], WHETHER SUCH ACTIONS OR OMISSIONS WERE INTENTIONAL OR UNINTENTIONAL. THE INDEMNITY PROVIDED HEREIN IS NOT INTENDED TO AND SHALL NOT, IN ANY WAY, CREATE ANY CAUSE OF ACTION FOR THE BENEFIT OF THIRD PARTIES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT." (f) As an additional condition of City issuing City's Final Acceptance of the Improvements, Developer shall transfer and deliver to City all manufacturers' warranties, with City being the beneficiary thereof, for all products, materials and elements of the Improvements. This Section 3(f) shall survive the termination or expiration of this Agreement. (g) The Parties agree that the Improvements shall be constructed and completed in one phase.Upon City's Final Acceptance of the Improvements,the Improvements shall become the sole property of City. (h) As an additional condition of City issuing City's Final Acceptance of the Improvements, Developer shall tender to City evidence, in a form reasonably acceptable to City, that all of the design and construction costs of the Improvements have been incurred and paid by Developer, including but not limited to, affidavits of payment/affidavits as to debts and liens and any other evidence reasonably required by City("Evidence of Payments"). (i) Developer, at its sole cost and expense, shall take all actions necessary to ensure that the sanitary sewer service provided or facilitated by the Existing Sewer Line is not interrupted, limited or diminished, in whole or in part, at any time during construction of the Improvements or before City's Final Acceptance of the Improvements. Developer acknowledges and agrees that if Developer fails to comply with this. Section 3(i), City will sustain actual damages. The exact Agreement to Relocate Sewer Facilities Page 4 of 21 2672631 Development Agreement—Brookside Page 26 of 43 2700913 amount of such damages will be difficult to ascertain. Therefore, the Parties agree that if Developer fails to comply with this Section 3(i),then Developer shall promptly pay City the sum of Two Thousand and No/100 Dollars($2,000.00)for each calendar day in which the sanitary sewer service provided or facilitated by the Existing Sewer Line is interrupted,limited or diminished,in whole or in part, not as a penalty but as liquidated damages for the damages that would be suffered by City as a result of such interruption, limitation or diminution for each and every calendar day that such interruption, limitation or diminution occurs, in addition to any other remedy available to City. Developer, at Developer's sole cost and expense, shall remove and lawfully dispose of the Existing Sewer Line facilities as a condition of City's issuance of City's Final Acceptance of the Improvements. This Section 3(i)shall survive the termination or expiration of this Agreement. 4. Liability. To the fullest extent permitted by law, Developer shall be fully and solely responsible and liable for its own acts and omissions, including those of its officers, agents, representatives, employees, subcontractors, licensees, invitees and all other parties performing works for or on behalf of Developer under this Agreement. City assumes no such responsibility or liability. City shall have no such responsibility or liability to either Developer or its officers, agents, representatives, employees, subcontractors,licensees,invitees or other persons. 5. Compliance with Laws; Standard of Care. Developer shall comply with all federal, state and local laws, statutes, ordinances, regulations and policies, as they exist, may be amended or in the future arising, applicable to Developer's work under this Agreement. Developer shall ensure that Developer's officers, agents, representatives, employees, subcontractors, licensees, invitees and other parties performing services for or on behalf of Developer under this Agreement comply with all applicable laws,statutes,ordinances, regulations and policies. If Developer observes or is notified that the work under this Agreement is at variance with applicable laws, statutes, ordinances, regulations and policies,Developer shall immediately notify City in writing. 6. Default. (a) Except as otherwise provided in this Agreement, 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 City, then City shall have the following remedies, in addition to City's other rights and remedies: (i) to terminate this Agreement;and/or (ii) to withhold any plat approvals or other development permits necessary for the development of the Property;and/or (iii) to seek specific performance of this Agreement. Agreement to Relocate Sewer Facilities Page 5 of 21 2672631 Development Agreement—Brookside Page 27 of 43 2700913 (b) If City fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after City receives written notice of such failure from Developer, then Developer may seek specific performance of this Agreement as Developer's sole and exclusive remedy. 7. Limitation of Liability; Limitations of Agreement. Notwithstanding anything to the contrary herein, the Parties agree and acknowledge that City shall not, under any circumstance, be required to tender, or be liable to Developer for, any credit, reimbursement or payment of any monies with regard to the matters set forth herein. The Parties acknowledge that this Agreement is limited to the matters expressly set forth herein. City ordinances covering property taxes,utility rates,permit fees,inspection fees, development fees, 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 City under any applicable ordinance,whether now existing or in the future arising. 8. Covenant Running with the Land. The land that is subject to this Agreement is the Property. Developer represents that it is the sole owner of the Property.This Agreement shall be a covenant running with the land and all portions of the Property, and shall be binding on Developer and Developer's successors and assigns. In addition, the Parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas,within five(5)days of the Effective Date(hereinafter defined)of this Agreement. 9. 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; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Party 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 City,addressed to it at: City of Wylie Attention:City Manager 300 Country Club Road Wylie,Texas 75098 Telephone: (972)516-6000 Email:mindy.manson@,wvlietexas.gov With a copy to: Abernathy,Roeder,Boyd&Hullett,P.C. Attn:Ryan D.Pittman Agreement to Relocate Sewer Facilities Page 6 of 21 2672631 Development Agreement—Brookside Page 28 of 43 2700913 1700 Redbud Blvd.,Suite 300 McKinney,Texas 75069 Telephone:(214)544-4000 Email: rpittman(c abernathy-law.com If to Developer,addressed to them at: John Englar and Yanyu Duan 503 Stonehedge Drive Wylie,Texas 75098 10. Indemnity. (a) DEVELOPER SHALL RELEASE, DEFEND,INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY),TO THE EXTENT CAUSED,IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF DEVELOPER IN DEVELOPER'S PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY DEVELOPER PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF CITY (COLLECTIVELY, "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES,ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN DEVELOPER AND DEVELOPER'S EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH DEVELOPER, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. Agreement to Relocate Sewer Facilities Page 7 of 21 2672631 Development Agreement—Brookside Page 29 of 43 2700913 (b) IN ITS SOLE DISCRETION,CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. DEVELOPER SHALL RETAIN CITY- APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION 10 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 11. Acknowledgement of City's Compliance with Federal and State Constitutions, Statues and Case Law and Federal. State and Local Ordinances, Rules and Regulations; Developer's 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,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;OR (D) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST CITY FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION OR CONVEYANCE OF REAL PROPERTY OR INTERESTS THEREIN(AFTER RECEIVING ALL CONTRACTUAL OFFSETS,CREDITS AND REIMBURSEMENTS,IF ANY)AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT DEVELOPER'S DEVELOPMENT PLACES ON CITY'S INFRASTRUCTURE. Agreement to Relocate Sewer Facilities Page 8 of 21 2672631 Development Agreement—Brookside Page 30 of 43 2700913 (iii) DEVELOPER HEREBY RELEASES CITY FROM ANY OBLIGATION TO PERFORM OR COMMISSION A TAKINGS IMPACT ASSESSMENT UNDER CHAPTER 2007 OF THE TEXAS GOVERNMENT CODE, AS IT EXISTS OR MAY BE AMENDED PURSUANT TO THIS AGREEMENT. (iv) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO CITY PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE 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 CITY RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTEND TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON CITY'S INFRASTRUCTURE. DEVELOPER AND CITY 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 Y. CITY OF TIGARD, 512 U.S. 374 (1994), AND ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT OF THE PUBLIC INFRASTRUCTURE RELATED TO THIS AGREEMENT. (v) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO THIS SECTION 11. (b) DEVELOPER RELEASES CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS RELATED TO THIS AGREEMENT. (c) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST CITY FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION RELATED TO THIS AGREEMENT. (d) THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights on the Property, or any portion thereof. In addition, nothing contained in this Agreement shall constitute a"permit"as defined in Chapter 245 of the Texas Local Government Code,as amended, and nothing in this Agreement provides City with fair notice of any project of Agreement to Relocate Sewer Facilities Page 9 of 21 2672631 Development Agreement—Brookside Page 31 of 43 2700913 Developer. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT. THIS SECTION 12 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 13. Condemnation Procedures/Rights Waiver. As ADDITIONAL CONSIDERATION FOR THE BENEFITS DEVELOPER IS RECEIVING UNDER THIS AGREEMENT, DEVELOPER HEREBY RELEASES CITY FROM AND AGAINST,AND WAIVES,ANY ALL RIGHTS TO OR CLAIM FOR ANY RELIEF UNDER CHAPTER 2206 OF THE TEXAS GOVERNMENT CODE,AS AMENDED, AND/OR CHAPTER 21 OF THE TEXAS PROPERTY CODE,AS AMENDED,ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT. 14. Attorneys' Fees. If either Party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and City, the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. LOC. GOV'T CODE § 271.153, as it exists or may be amended,if applicable. 15. 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 on by the other Party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either Party. 16. 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. 17. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County,Texas. 18. Consideration. The Parties acknowledge and agree that this Agreement is executed without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. 19. 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 or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other Party. 20. Authority to Execute. The individuals executing this Agreement on behalf of the Agreement to Relocate Sewer Facilities Page 10 of 21 2672631 Development Agreement—Brookside Page 32 of 43 2700913 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 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 that such authorization is valid and effective on the effective date of this Agreement. 21. Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid,illegal, void,unenforceable or unlawful provision had never been contained in this Agreement. 22. Representations. Each Party represents that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 23. 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 arty third party beneficiaries by entering into this Agreement. 24. Assignment/Binding Effect. (a) This Agreement is assignable,in whole or in part,on 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 City(such approval not to be unreasonably withheld); (ii) the Assignment must expressly contain, among any other reasonable requirements or conditions of City, an acknowledgment and agreement that all obligations, covenants and conditions contained in the Agreement will be assumed solely and completely by the assignee, and the contact name,address,phone number and electronic mail address of the assignee; (iii) Developer will file any approved, executed Assignment in the Real Property Records of Collin County,Texas;and (iv) Developer shall provide City with a file-marked copy of the Assignment within ten (10) days of filing the same, and until. City receives said file- marked copy of the Assignment as provided herein, City shall not, under Agreement to Relocate Sewer Facilities Page 11 of 21 2672631 Development Agreement—Brookside Page 33 of 43 2700913 any circumstance,recognize said Assignment. (b) This Agreement shall be binding on and inure to the benefit of Developer and City and their respective successors and assigns. 25. Indemnification. The Parties agree that the indemnity provisions set forth in Sections 10 and 11 herein are conspicuous,and the Parties have read and understood the same. 26. 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. 27. Immunity. It is expressly understood and agreed that, in the execution and performance of this Agreement,City has not waived,nor shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions other than specific performance of this Agreement. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. 28. Reference to Developer, When referring to an"Developer"herein,this Agreement shall refer to and be binding upon each of the Developers, jointly and severally, and Developer's 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. 29. Reference to City. When referring to "City"herein,this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. 30. 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 either 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. [Signatures appear on the next page.] Agreement to Relocate Sewer Facilities Page 12 ot21 2672631 Development Agreement—Brookside Page 34 of 43 2700913 IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective when all the Parties have signed it. The date this Agreement is signed by the last Party to sign it(as indicated by the date associated with that Party's signature below) will be deemed the effective date of this Agreement("Effective Date"). Developer: City: JOHN ENGLAR CITY OF WYLIE,TEXAS By: .,?4,L t' By: Name. Tpll,n g/ 1. Mindy Manson,City Manager Date: 2',2-7-26/q Date: YANYU DUAN ATTEST: By: Zatdie Name: / A f7ti Stephanie Storm,City Secretary Date: 0.27137...)-0/9 Agreement to Relocate Sewer Facilities Page 13 of 21 2672631 Development Agreement—Brookside Page 35 of 43 2700913 STATE OF Te1GGt:5 § COUNTY OF-040.. § BEFORE ME, the undersigned authority, on this day personally appeared John Englar, known to me to be one of the persons whose name is subscribed to the foregoing instrument;and that he executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this43 day of ,2019. P,-,.,.-4,,. TRACY SHEARER N s ► +,. ', :n NOTARY PURI-IC-STATE OF TEXAS ota Pu 4IC,State of 1-e m COMM.EXP..01.13-2020 y;0.;` NOTARY IQ 12B372Q5 a My Commission Expires: C -13 STATE OF"1o,c § COUNTY OF tio.5 § BEFORE ME, the undersigned authority, on this day personally appeared Yanyu Duan, known to me to be one of the persons whose name is subscribed to the foregoing instrument;and that she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this(73 day of ,2019. a t. N.'„ TRACY SHEARER Notary Public,State of T " y t _NOTARY PUBLIC-STATE of TEXAS My Commission Expires; -VI-�a, ib : : COMM.EXR 01.13-2020 ^F''c+" Y IQ 12637205.8 STA 'n1_ R3g 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 for the City of Wylie, Texas, and that she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2019. Notary Public,State of Texas My Commission Expires: Agreement to Relocate Sewer Facilities Page 14 of 21 2672631 Development Agreement-Brookside Page 36 of 43 2700913 Exhibit A Property Description All that tract of land in Collin County,Texas,out of the Francisco De La Pina Survey,A-688,being all of that called 5.365 acres of land described in a deed to John Reschke as recorded under CC#20081118001341760 of the Official Public Records of Collin County,Texas,and being all of that called 9.184 acres of land described in a deed to John Frederick Reschke II as recorded under CC#20100521000511250 of the Official Public Records of Collin County,Texas,and further described as follows: BEGINNING at a 3/8 inch steel rod found on the North line of Stone Road,at the Southwest corner of said 5.365 acres,and at the Southeast corner of that called 2.996 acres of land described in a deed to Randall D. Grubbs, Brenda G. Grubbs, and Kyle Dwayne Clark as recorded under CC# 20130122000092780 of the Official Public Records of Collin County, Texas, from which a Ill inch steel rod found bears North 89 degrees 52 minutes 24 seconds West,499.30 feet for witness; THENCE North 00 degrees 09 minutes 32 seconds East,522.63 feet to a 3/8 inch steel rod found at an ell corner of said 5.365 acres,and at the Northeast corner of said 2.996 acres,from which a 1/2 inch steel rod found at the Northwest corner of said 2.996 acres bears North 89 degrees 51 minutes 47 seconds West,249.44 feet for witness; THENCE North 89 degrees 51 minutes 47 seconds West, 500.37 feet to a 5/8 inch steel rod set capped "Boundary Solutions"at the Westerly most Southwest corner of said 5.365 acres,at the Northwest corner of that called 1.50 acres of land described in a deed to Wendell H.Daniel as recorded in Volume 5312,Page 5682 of the Land Records of Collin County,Texas,and on the East line of that called 4.892 acres of land described in a deed to Frank Solla and wife,Julia Solla as recorded in Volume 5135,Page 3349 of the Land Records of Collin County,Texas,from which a 1/2 inch steel rod found at the Southeast corner of said 4.892 acres bears South 00 degrees 00 minutes 00 seconds East,174.98 feet for witness; THENCE North 00 degrees 00 minutes 00 seconds East(Bearing Basis),675.80 feet to a 1/2 inch steel rod found at the Northwest corner of said 9.184 acres,at the Northeast corner of said 4.892 acres,and on the South line of that called 5.00 acres of land described in a deed to Guy L. Cates as recorded under CCII 20070627000881390 of the Official Public Records of Collin County,Texas,from which a 3/8 inch steel rod found bears North 89 degrees 59 minutes 25 seconds West,375.43 feet for witness; THENCE South 89 degrees 59 minutes 25 seconds East,745.17 feet to a point at the Northeast corner of said 9.184 acres,and at the Southeast corner of said 5.00 acres,from which a nail found bears South 17 degrees 59 minutes 11 seconds West, 0.92 feet for witness,and from which a 1/2 inch steel rod found bears South 00 degrees 17 minutes 47 seconds East,246.31 feet for witness; THENCE South 00 degrees 17 minutes 47 seconds East, 1200.07 feet to a 5/8 inch steel rod set capped "Boundary Solutions"on the North line of Stone Road,at the Southeast corner of said 9.184 acres,and on the West line of that called 2.026 acres of land described in a deed to Christopher D. Pollard as recorded in Volume 3296,Page 223 of the Deed Records of Collin County,Texas; THENCE North 89 degrees 52 minutes 24 seconds West,252.46 feet along the North line of said Stone Road to the POINT OF BEGINNING,containing 14.606 acres of land,more or less. Agreement to Relocate Sewer Facilities Page 15 of 21 2672631 Development Agreement—Brookside Page 37 of 43 2700913 Exhibit B Depiction of Existing Sewer Line and Existing Easement EXHIBIT"B" ' $ /7• MT 00 09as CR4 21301- 0006287 SEWER EASEMENT co THE STATE OF TEAS E4.1 KNOW ALL MEN SY THESE PRESENTS; '+I COUNTY OF COLLIN g Thal,deem F.Rewhlre and spouse,Grace Reschke(hereinafter edleotveiy referred Po to en"Granter"),for end in consideration Of the etas of ONE AND NO/ltm DOLLARS($9.00) and ether good and valuable mlreldere0arr to Granter In band paid by the City of Wylie,Tease, a municipal corporation(the'City")situated in Catlin County,Texas(hereinafter referred to as 'Gremea"),the receipt anti sufficiency at which consideration are hereby acknowledged,do hereby grant unto Grantee, a permanent nos-exotuelve.. easement (rho "Permanents Easement")In,over and across the mat property described on Exhibit"A"attached hereto(the "Permanent Easement Property").for the purpose of the construction,plecement and maintenance of en underground sanitary sewer fine and an eppurtenencec thereto(collectively, the"Sewer Line"). In connection wldm the construction of the Sewer Line,Grantor hereby grants a non- exclusive tempmsry cmebuatlar easomont(the"Temporary Easement")In,over and emcee the rent properly located within 30 feet of oath side of the Permanent Easement Property(the 'Temporary Easement Property")(the Permanent Eeeemer Property end the Temporary Easement Property are collectively referred to herein as the"Easement Property")for me purpose of any construction activities related to the oanatruatiOn,placement and maintenance of the Sewer Line.The Temporary Easement shall terminate upon the sealer at(I)18 months from the date hereof,or(ii)the acceptance by the City of the Sewer Line. Upon the tannlnadon,Grantee egress to execute such documents necessary to reflect cite termination of the Temporary Easement in the Real Property Recorded Coign County,Texas. The eassrnent rlghte wanted Warn shall Include the right to access the Easement Property. To the extend that Grantee damages the Easement Property,Grantee agrees to promptly repair such damage. TO HAVE AND TO HOLD the ebove•deacdbed Perrerner Easement,together edit all and singular,We rights end ep rurlenancee thereto in anywise belonging unto the Geld Grantee forever. Grantor hereby reserves the fight to use the Easement Property foe purposes not IneonsletM with Grantee's use of such Easement Property(including,without limitation,the right to place landscaping,driveways and public and/or private annals within the Easement Property)• t AocfTHC•ca LLIN Ise.re000ruo, rra,, en/enfant Vel,motes, Pages roots eagev 1 00 5 Agreement to Relocate Sewer Facilities Page 16 0121 2672631 Development Agreement—Brookside Page 38 of 43 2700913 4837 0163 r EXECUTED this .day o6 : x /' flirt' .Ra hke firasa h®fit '... THE STATE 'TEXAS I '.. g CgIINTY Or COLLIN g Trui ata1rur440.1 was 4ef440 ma an.#1e°'-4,Cx.4414. ..,2000,by John E. Nestfago cNosonsiy knmra fa rfre or proved thepNh —,._as +.. 3 y. �8.q .0.4 Ct, . o,in a tste ett J sto y1t Nota}s Orbited ri44,4,1 7firi 'p.: aw My CormIstIon Seine 6i.Nne, 5.-„74VW THE STATE Of TEXAS I cOUNTY OF Dawn I TON lss&wont woe adosavOxIcal ort jle,din$3rr'4- 200A typrsoa ftell4911ftlPerOentgi knoyrih to me or pravad through as Last t W ary ENO aof Ta yt'�3 NOW rocs: k�du?7 :4 aa.aSat NY nEtas urrg ^r 2 •ACa/P&c+COLtiIN 'Coax oteecuo tis.cav CS/14r2041: .1:Umnt1131 Gags 03802 Gags,.2 OE 1 Agreement to Relocate Sewer Facilities Page 17 of 21 2672631 Development Agreement—Brookside Page 39 of 43 2700913 4831 0164 EXHIBIT"A" SANITARY SEWER EASEMENT RESC14]C. MOPPETS, 45594 BEING e i p of iseid fora sanitary sewer testamed saandedht rin Fraasloo Da La.Plat Survey,Abanan No,&Sd,cm of Wylie,Ca la Comma Teams,acid being.a panics of NO trash mf land as seeded to muffin.. Reseake and Grace ResSike maw....eeconted is Wilms 3359,Faso 97,.of the Dcod Rcereda of Collin County,Taxes,(DEEM,the stdsjca Scot being mom pectimearly issisibed as foliose; BEGINNING at a point in die north erne of Sims Reait said point being the soot soothsly moths=comer of said Roselike tract mad tem heighten cosier of a Mot of Land as deeded to MichaelG.Moskva in Wham 2453,Page 527 eDtCC1)t THENCE,N 01'05"i7"E,alms the commas Elms batman/and Rescldae moat and. Monis tract,pawing m 52173 test,the tommdeeat camas of sold Mcttda tract,a total distaste of 5.1954 Bar. THENCE.N5p°40'07"Po a diva=of99.29 fear, THENCE,N 2V 0V 09"R a&sm.e of de.29 tam THENCE,N 05°24"2r E...ti diattilft of 25532E eo a paint to the meth line of said R mei met mom Mims M south line Ocean snared at deeded to Ian A.Yam,sad neaoa Kay Yane as tccootod in Comm CGpck File No.9641020501,2512ERVII THENCE,S 55'55'20"E,Biota the comenta diao bnweau said Reschke tram and.Yates trees,.a&Mom of 20,95 feel. THENCE.,9 06'23'SS"WV,.s stittnao of 2S443 fao. TMENC'f S22'05'09"W.a Ron=of51,O5 ao t THENCE.0 59"40"01"W,a dna=of 90.22.feet THENCE,S 0 to 05°aT"W,a&same of 799:513 feat..to a point in tax meth Use of said Sane Ronk THENCE,N 85'2 t'2r W,along mid Stone Roat a Ratan.of 30.00 feet to the.. MACE OF BEGINNING and ens'ettedlig 35,020 Rem feet or fa 57s4 acraa eland Page 1.aft Fugr", zcatflc. 4:LLIN .`sae ttttt*757 raea,mi/ie,laeai 55515 5eN4tT 5.g.e mm t52 Nita 3 Or 5 Agreement to Relocate Sewer Facilities Page 18 of 21. 267263tl Development Agreement—Brookside Page 40 of 43 2700913 Ranrrnerr wA.r,^D Tare rD sr .a, � Mgr A. BATS �riac,i �,, r IF mootauY rA 1 R ik. x..,:?.F.44 r(�— 16 It 1111 CO i kraFIN r AE s c 1 a t e i . ea DRAMRERUUN= i4E G9NF.Pj7'.9F ca cn iRA I I ! -I1 1 ! 1 tiff j i I a�,, 1 j 1 e i PO.DPR:MINGKW DIDUORMI.LAND TRUST 1 I I vel tO+a,Pt alas I 839D D�@aa>srer �- spa ' SANITARY SEWER EASEMENT D a s rED"s,9711 r:xee.aaDa -C FFROP ■....0 aaais ..- JriDnuu De Gs Pima SSatNe9.Aaa its 4C No.888 ISAIORD raZdkr 4664 CM OF WYLS, GOWN COUNTY, YEW Pat 2af2.ram .: +AC,A/Tn.COWIN E.P ma.469@3 Data:,O1/19/264.% 4`a3:0O04&35 @a:a.I et)IEO 1,145res 5 Of 5 Agreement to Relocate Sewer Facilities Page 19 of Z1 2t72631 Development Agreement—Brookside Page 41 of 43 2700913 4837 0166 tsksista Jan 1 9 2Dai EMICN p ° I i®1,1Pr TX f�®7�4nbGaa+x�E%'+GYar�ky�p6 dwa %anqg ti Doc/Nma 1 LM^tosses) •d^8J4�C L GLY21 beet 59fi6d52tl] NS#r.4tld RJa00i Yuba 90miA8? Pegre P9162 aa##. S®C S Agreement to Relocate Sewer Facilities Page 20 of 21 2672631. 4840-4362-3815v.3 216/2019 Development Agreement—Brookside Page 42 of 43 2700913 Exhibit C Depiction of Location n of the tnaprtwvetae t geld.New Easement M> ai #lid ; aCF&SSSa' i ia7' ; pp� 1a1 i r a till �., , g1},qr i g 11 3 3 aataar[�sa� s a € a� Ili: fsi �a1l 11 �' ag °�� 3 ! lstassizslAs�gli1 � °�1111;1� Mgt iaii t1 j3-{ 1Saa7a3,a,aSaq,l4a1 31 ,° ,, _m ell!, awasea sErrE _—1111111 e ��" �e aaet acnz �aa a g ,�j (SHAD ) , I.1, f ii i o ,i1L. s w z -A '11' : t...31- ''''M i "'i I— y x 4 � 8 % a� 5 3 �F B a � aap 6y i v F � ` 5 ,,,,,,se l & 9 6 . 83 iiC a� $7'i ib"s M� F-�-� � .��a ^'�-�A_ '®`y"4 mil„ i lu i ,l° )1 ,ml 1 ll),.i ill] .. 511 6 i a zIli a t �R ii s i FAS,1*1C-dT _-- = —___ a� °pi i = z i� rr ,L. 9 & § 4 , 4 tl i a4 ial ▪ ftl '® `"'� 's iP¢((SSjjet¢ Spa4#iq mte ¢t3iz$ 55F'a't sm Slt #1 iiti9l a,lsx ®1..,.Ke pix bliti ail,iam ri F Jp1�yifiF3a*fri"k5' 3$4; 11; 95a# 3a Al:.k lti42. la^_,3° '.11 a.,,,„,aas3an d9.9 a9 bi p15E5°. 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Agreement to Relocate Sewer Facilities Page 21(121 2b2£i31 4840 4362-3815v.3 2/6/2019 Development Agreement—Brookside Page 43 of 43 2700913 Brookside Wylie ETJ City Council April 9th, 2019 SKORBURG m P A N V Subject Location Kreymer LaneStone RoadStone RoadKreymer LaneSubject Property Property Kreymer LaneBrookside CITY OF WYLIEWYLIE ETJCOLLIN COUNTY Bozman No HomesiteRanch8.28 ACCommercialDumpster ServiceAffordable All Pest Solutions 2 Acres +Large Lots 5 Acres-+/Large Lots Brookside 60’ x 120’Grayhawk 50’ x 120’4Ph Concept Plan N New Plan 61 Lots 50’s73 Lots 40’s Old Plan April 15, 2019 Assured Tree PreservationMature Trees550” Protected UnregulatedTree Preservationincreasesqft+ 25,933 Average 25’None (Alley)Buffer +0.75 or 88% increase1.60.85 Open Space (Acres)+1,350 or 30% increase5,7504,400)sqftLot Size (min 12 or 16% reduction-6173Lot CountDifferenceNew PlanOld Plan 7 April 15, 2019 April 8, 2019*of which up to $22,000 may be allocated to Brookside open space areas as recommend by Parks Board on Impact$146,000 / year$20.13 MM0.726%City Tax (Projected Median Home Price $330K)$122,00061$2,000Park Impact Fees*$80,15461$1,314Sewer Impact Fees$73,20061$1,200Roadway Impact FeesTotalUnitsRateItem 8 The Plan Nresidents and existing neighborsperpetual preservation and enjoyment by future Approximately 550 caliper inches of trees saved for 11% of Usable AcresOpen Space = 1.6 Acres Total = 14.606 Acres April 15, 2019 ProductRepresentative 10 April 15, 2019 Dedicated to and maintained by the HOA•Tree Preservation and Landscape Buffer N 11 April 15, 2019 Tree Preservation and Landscape Buffer N20’30’30’40’12 April 15, 2019 Open SpaceDetention and 20’30’40’30’13 April 15, 2019 Buffer40’ 30’ Buffer 14 April 15, 2019 Tree Preservation and Landscape Buffer N 15 April 15, 2019 20’GRAYHAWKN20’15’20’89’ x 136’ 89’ x 136’89’ x 136’ AreaLot Removed to Preserve 15’20’20’ 89’ x 136’15’20’20’ Picnic Tables and Barbeques will be provided in this area to create a beautiful, shaded open space area for residents to enjoy 89’ x 136’15’20’20’ 22 Large, specimen trees to remain in undisturbed natural state within the Tree Preservation and Landscape Buffer April 15, 201923 April 15, 201924 Wylie City Council AGENDA REPORT Page 1 of 1 Meeting Date: April 9, 2019 Item Number: 2 Department: Planning (City Secretary’s Use Only) Prepared By: Renae’ Ollie Account Code: Date Prepared: April 4, 2019 Exhibits: 1 Subject Tabled from 02-26-2019 Remove from table and consider Consider authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to relocate a sanitary sewer line and sewer easement within property located in the City’s Extraterritorial Jurisdiction (ETJ), located at 2121 E. Stone Road. Recommendation Tabled from 02-26-2019 Remove from table and consider Motion to authorize the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to relocate a sanitary sewer line and sewer easement within property located in the City’s Extraterritorial Jurisdiction (ETJ), located at 2121 E. Stone Road. Discussion APPLICANT: Trey Wallette for Skorburg Company The applicant is proposing a 14.599-acre residential development consisting of 62 residential lots. The property is in the City’s ETJ in the county of Collin. The agreement sets forth the Developer obligations for the realignment and relocation of a 24-inch sewer line and a 30- foot sewer easement. The City currently holds a certificate of convenience and necessity for sewer service that includes the property. The City would be the provider of sanitary sewer service for the proposed development. Approval of the agreement should be conditioned on the approval of the Annexation Agreement. Wylie City Council AGENDA REPORT Page 1 of 1 Meeting Date: April 9, 2019 Item Number: 3 Department: Planning (City Secretary’s Use Only) Prepared By: Renae’ Ollie Account Code: Date Prepared: April 4, 2019 Exhibits: 1 Subject Tabled from 02-26-2019 Remove from table and consider Consider, and act upon, a Preliminary Plat to establish Brookside Estates, creating 73 single-family residential lots and four open space lot on 14.599 acres within Wylie’s ETJ, generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. Recommendation Tabled from 02-26-2019 Remove from table and consider Motion to deny a Preliminary Plat to establish Brookside Estates, creating 73 single-family residential lots and four open space lot on 14.599 acres within Wylie’s ETJ, generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. Discussion OWNER: John Englar and Yanyu Duan APPLICANT: Trey Wallette for Skorburg Company The applicant is proposing a 14.599-acre residential development consisting of 73 residential lots and four open space lots. The property is in the City’s ETJ in the county of Collin. As such, the City’s Subdivision Regulations apply along with the City’s engineering standards, such as street design, due to an inter-local agreement with Collin County. The proposed plat has been revised from the 10’ front setback considered by P&Z to a 15’ front setback. The Subdivision Regulations require a 50’ setback for residential properties in the ETJ which will front existing or future roadways. The proposed plat dedicates the necessary right of way for future expansion of Stone Road. The developer proposes to construct a detention pond on the southern portion of the property and have an outfall using Collin County right-of-way to discharge. The applicant is not requesting an easement on the eastern neighbor’s property. However, City engineering states that the development needs to closely match the existing storm water discharge in the northern drainage basin since that feeds a downstream pond, and an easement may be needed. The development would be served water by the East Fork S.U.D. Sewer will be served by the City of Wylie due to the property being within Wylie’s sewer CCN (Certificate of Convenience and Necessity). The City currently has a 24” sewer line and 30’ easement on the property, and the line is 25’ deep in places. The developer proposes, and the proposed plat requests, that the City Council agree to abandon a portion Page 2 of 2 of the existing sewer easement and developer will construct a new sewer line at developer’s expense and dedicate a new easement pursuant to the terms and conditions of an “Agreement to Relocate Sewer Facilities” proposed by the developer, which is the subject of the previous agenda item. The revised preliminary plat submitted by the developer shows a relocated 30’ easement in lieu of the 20’ easement reviewed by P&Z within the future right-of-way of Remington Way. P&Z Commission Discussion The Commission recommended denial 5-0. Ex. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SS Ex. SS Ex. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx. SSEx.OHEEx.OHEEx.OHEEx.OHEJOHN ENGLAR & YANYU DUAN INSTRUMENT NUMBER 20131230001694250 O.P.R.C.C.T. N88° 52' 03"W 500.37'N00° 59' 44"E 675.80'S88° 59' 41"E 744.67'S00° 40' 32"W 1200.07'N88° 52' 40"W 252.46'N01° 09' 16"E 522.63'BLOCK P GRAYHAWK PARK INSTRUMENT NUMBER 2017-760 P.R.C.C.T. LOT 25 LOT 24 LOT 23 LOT 26 RAY HUBBARD WAY 50' RIGHT-OF-WAY INSTRUMENT NUMBER 2017-760 P.R.C.C.T. 20' UTILITY EASEMENT INSTRUMENT NUMBER 2017-760 P.R.C.C.T. 10' UTILITY EASEMENT INSTRUMENT NUMBER 2017-760 P.R.C.C.T. BLOCK B BOZMAN FARM ESTATES PHASE 4 INSTRUMENT NUMBER 2016-121 O.P.R.C.C.T. LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 PEBBLE STREET PROPERTIES, LLC INSTRUMENT NUMBER 20170510000598910 O.P.R.C.C.T. DARYL McCULLOUGH AND WIFE, RUBY DIAN McCULLOUGH VOLUME 4595, PAGE 2255 O.P.R.C.C.T. WENDELL H. DANIEL AND NATALIE R. DANIEL VOLUME 5312, PAGE 5682 O.P.R.C.C.T. FRANK SOLLA AND WIFE, JULIA SOLLA VOLUME 5135, PAGE 3349 O.P.R.C.C.T. GUY L. CATES AND WIFE, ELAINE CATES INSTRUMENT NUMBER 20070627000881390 O.P.R.C.C.T. CHRISTOPHER D. POLLARD AND SPOUSE, LAURIE L. POLLARD VOLUME 3296, PAGE 223 O.P.R.C.C.T. CHRISTOPHER D. POLLARD AND SPOUSE, LAURIE L. POLLARD (TRACT II) VOLUME 3296, PAGE 223 O.P.R.C.C.T. CHAD MEREDITH PACKARD AND BETHANY LYNN PACKARD INSTRUMENT NUMBER 19931029000937920 O.P.R.C.C.T. Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL FOUND 3/8" IRON ROD FOUND 5/8" CAPPED IRON ROD STAMPED "BOUNDARY SOLUTIONS" FOUND 5/8" CAPPED IRON ROD STAMPED "BOUNDARY SOLUTIONS" FOUND 3/8" IRON ROD N: 7054555.7 E: 2580159.6 FOUND 1/2" IRON RODFOUND 1/2" IRON RODFOUND 1/2" IRON ROD FOUND 1/2" IRON ROD N: 7055763.8 E: 2579681.6 FOUND 40D NAIL BEARS FOUND 1/2" IRON ROD E. STONE ROAD ALSO KNOWN AS COUNTY ROAD 382 VARIABLE WIDTH RIGHT-OF-WAYFRANCISCO DE LA PINA SURVEYABSTRACT NUMBER 688 X WIRE X WIRE X WIRE X WIRE X WIRE XCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXCHLKXWIREXWIREXWIREXWIREXWIREXWOODXWOODXWOODXWOODXWOODX WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIRE X WIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIREXWIRE FOUND 1/2" CAPPED IRON ROD STAMPED "ARTHUR SURVEYING" SANITARY SEWER EASEMENT VOLUME 4837, PAGE 162 D.R.C.C.T. (PARTIALLY ABANDONED BY SEPARATE INSTRUMENT) 15' WATER EASEMENT VOLUME 4963, PAGE 343 D.R.C.C.T. 15' WATER EASEMENT VOLUME 4963, PAGE 353 D.R.C.C.T. 20' ALLEY ALLEYVARIABLE WIDTH RIGHT-OF-WAY INSTRUMENT NUMBER 2016-121 O.P.R.C.C.T. PLACE OF BEGINNING CITY OF WYLIE GPS MONUMENT NO. 5BEARS S10° 23' 49"W 5610.04'S00° 40' 32"W 0.79'246.54'681.77'249.40' 374.40' SANITARY SEWER EASEMENT VOLUME 4837, PAGE 162 D.R.C.C.T. (PARTIALLY ABANDONED BY SEPARATE INSTRUMENT) 506'504' 502' 500' 498'518'516' 512' 508' 510' 506' 504' 522' 520'518'518'518'516'514'512'510'508'CITY OF WYLIE COLLIN COUNTY ZONED: A/30 (AGRICULTURAL) ZONED: PD 94-48 ZONED: PD 94-48 CITY OF WYLIECOLLIN COUNTY CITY OF WYLIE CITY OF WYLIE COLLIN COUNTY COLLIN COUNTYZONED: PD 2002-52 CITY OF WYLIE COLLIN COUNTY LOT 1X BLOCK A BLOCK B BLOCK C BLOCK D BLOCK E BLOCK F BLOCK F BLOCK G LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 8 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 S89° 00' 16"E 437.17'N03° 22' 55"E 351.39'L41 C2 L40 C1 N01° 09' 16"E 319.32' S88° 59' 41"E 558.85' C 5 L15 C6L2C4 L6 C 3 S88° 52' 03"E 538.03'N00° 59' 44"E 667.81'S88° 52' 03"E 422.54' L1 L12L3 L4 L5153.07'174.43'175.64'153.00'S89° 18' 23"E 171.07'S01° 09' 16"W 139.74'S89° 37' 19"E 112.15'S87° 35' 22"E 60.11'140.92'40.00'S89° 18' 23"E 140.90'L730.00'40.00'150.56'40.00'40.00'150.23'40.00'L=26.87' 13.20'149.90'40.00'30.35'L=10.11'148.12'40.00'40.49'142.02'40.00'40.49'S89° 18' 23"E 135.72'40.00'40.49'129.42'40.00'40.49'123.12'40.00'L=18.17'22.24'116.81'40.00'40.00'15.22'L=24.81' 111.12'40.00'110.00'40.00'40.00'110.00'40.00'L 8 N89° 18' 23"W 100.00'40.00'110.00'30.00'40.00'S89° 18' 23"E 100.00'L930.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'L=21.04'24.04'110.00'40.00'L=41.29' 96.51'40.00'L=30.00' S89° 18' 23"E 93.37'40.00'L 1 0 128.22'100.01'L=30.00' L11 S89° 18' 23"E 94.43'82.80'45.00' 25.03' L=24.93'103.52'42.37' 42.37'N00° 59' 44"E 118.01'42.37' 42.37'118.02'42.37' 42.37'118.02'42.37' 42.37'118.03'42.37' 42.37'118.04'42.37' 42.37'118.04'42.36' 42.36'118.05'45.00'108.07'L 4 4 35.00' 35.00'L31129.43'40.00'S00° 59' 44"W 139.44'40.00' 40.00'139.45'40.00' 40.00'139.45'40.00' 40.00'139.46'40.00' 40.00'139.47'40.00' 40.00'139.47'40.00' 40.00'139.48'40.00' 51.02'S00° 59' 44"W 139.49'51.30'N04° 58' 59"E 129.81'54.91'S00° 59' 44"W 141.41'35.04'L3340.00'141.32'40.00' 40.00'141.23'40.00' 40.00'141.14'40.00' 40.00'141.05'40.00' 40.00'140.97'40.00' 40.00'140.88'40.00' 40.00'S00° 59' 44"W 140.79'40.00' 40.00'130.70'L 3 4 35.00'L35108.00'45.00' 43.00' 43.00'118.00'43.00' 43.00'118.00'43.00' 43.00'118.00'43.00' 43.00'118.00'43.00' 43.00'118.00'43.00' 43.00'N00° 59' 44"E 118.00'40.09'L 3 6 47.06'37.96'100.00'L1325.86'S89° 00' 16"E 110.00'35.84'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'110.00'40.00'40.00'S89° 00' 16"E 110.00'40.00'29.99'L 1 4 S88° 52' 03"E 100.00'40.25'BLOCK H BLOCK I LOT 1X 70.55'106.19'174.65'172.46' 42.10' 26.33' 133.13' 16.33' 18.83' 124.70' 10.00' 413.98'126.55' 421.57'15.61' 421.57'139.78' 558.99' 411.87' DETENTION AREA OPEN SPACE BLOCK C C10 L18 C9 L17 C8 L16 C7 L19 L25 C16L24 C15L23C14L22 C13 L21C12 L20 C11 OPEN SPACE OPEN SPACE 20' ALLEY 20' ALLEY20' ALLEYS88° 59' 41"E N88° 59' 41"W N88° 59' 41"W S88° 52' 03"E REMINGTON WAY80' RIGHT-OF-WAYREMINGTON WAYVARIABLE WIDTHRIGHT-OF-WAYRYDER ROAD 50' RIGHT-OF-WAY DERRINGER DRIVE 50' RIGHT-OF-WAYWESTON STREET50' RIGHT-OF-WAYRIGHT-OF-WAY DEDICATION ALLEY & UTILITY EASEMENT20' ALLEY25.00' CITY OF WYLIE COLLIN COUNTY 100.00'100.00'R=50.00' 25'25' 25'25'25'25'25'25'25'25'25'25'20'10'10'20'10'10'20'10'10'20'20'20'20'20'20'10'10'10'10'10'10'10'10'20' 10'10' 20' 10'10' 20' 10'10' LOT 1 LOT 7 LOT 9X 10' EFSUD U.E. 10' EFSUD U.E. 10' EFSUD U.E.15' B.L. 10' EFSUD U.E. 10' EFSUD U.E.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L. 15' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' EFSUD U.E. 10' EFSUD U.E. 10' EFSUD U.E. 10' EFSUD U.E. 10' EFSUD U.E.L30L29L28L26L27 39.11' LOT 8 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 25.6'25.6'20'10'10'LOT 9 20' 10'10'N00° 59' 44"E 118.00'44.68'L=30.48'20'L 3 2 45.00' 30.00' LOT 1 LOT 9 LOT 10 LOT 18 LOT 1 LOT 8 20' ALLEY 12' 12' 12' 40'40' 34'34'L38C17 L37 C18 L39 LOT 1X 20' ALLEY 30' SANITARY SEWER EASEMENT (SEE NOTE 10) 30' SANITARY SEWER EASEMENT (SEE NOTE 10)30' SANITARY SEWER EASEMENT(SEE NOTE 10)30' SANITARYSEWER EASEMENT(SEE NOTE 10)75.29' 30' SANITARY SEWER EASEMENT (SEE NOTE 10) LOT 9 N00° 59' 44"E 118.06'193.75'N04° 58' 59"E 131.85'10' B.L.10' B.L.10' EFSUD U.E.L49L50Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L44 L49 L50 Length 429.90' 124.00' 156.67' 179.98' 10.00' 613.87' 14.14' 14.14' 14.14' 14.18' 23.08' 153.00' 14.14' 14.16' 970.86' 5.00' 126.13' 5.00' 126.13' 217.81' 46.29' 5.00' 46.25' 214.56' 121.20' 31.10' 116.36' 112.34' 22.78' 16.77' 14.14' 13.66' 14.61' 14.16' 14.13' 14.20' 5.00' 121.20' 121.00' 214.56' 74.77' 14.14' 158.07' 177.32' Direction S88° 59' 41"E N88° 59' 41"W S89° 18' 23"E N89° 18' 23"W S46° 38' 48"W S0° 59' 44"W N45° 41' 05"E N44° 18' 55"W N45° 41' 05"E N44° 09' 34"W N46° 06' 45"E N0° 59' 44"E S46° 00' 02"W S43° 56' 09"E S0° 40' 32"W S88° 50' 44"E S1° 09' 16"W N88° 50' 44"W N1° 09' 16"E S9° 37' 48"W S0° 40' 32"W N88° 52' 03"W N0° 40' 32"E N9° 37' 48"E N1° 09' 16"E N46° 21' 48"E S88° 38' 12"E S88° 38' 12"E N46° 21' 48"E N0° 59' 44"E S45° 59' 44"W N41° 56' 10"W N48° 03' 28"E S43° 56' 09"E S46° 03' 51"W N44° 05' 45"W S88° 50' 44"E N1° 09' 16"E S1° 09' 16"W N9° 37' 48"E N0° 40' 32"E S44° 00' 16"E N21° 34' 22"E S21° 34' 22"W Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 Length 42.90' 36.73' 32.94' 32.99' 32.87' 32.99' 5.50' 5.50' 5.50' 5.50' 40.73' 35.79' 5.53' 5.47' 37.66' 42.01' 5.50' 5.50' Radius 290.00' 235.00' 21.00' 21.00' 21.00' 21.00' 3.50' 3.50' 3.50' 3.50' 299.38' 229.00' 3.50' 3.50' 241.00' 284.00' 3.50' 3.50' Delta 8°28'33" 8°57'16" 89°51'47" 90°00'35" 89°40'13" 90°01'05" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 7°47'41" 8°57'16" 90°27'25" 89°32'35" 8°57'16" 8°28'32" 90°00'00" 90°00'00" Chord Direction N5° 23' 32"E N5° 09' 10"E S43° 56' 09"E S46° 00' 02"W S44° 09' 34"E S45° 41' 05"W N46° 09' 16"E S43° 50' 44"E S46° 09' 16"W N43° 50' 44"W S5° 01' 59"W S5° 09' 10"W S45° 54' 15"W N44° 05' 45"W N5° 09' 10"E S5° 23' 32"W N46° 09' 16"E S43° 50' 44"E Chord Length 42.86' 36.69' 29.66' 29.70' 29.61' 29.70' 4.95' 4.95' 4.95' 4.95' 40.70' 35.75' 4.97' 4.93' 37.63' 41.97' 4.95' 4.95' B A N N I S T E R E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 817.842.2095 fax TBPLS REGISTRATION NO. 10193823 PROJECT NO.: 090-18-019 ENGINEER / SURVEYOR: BANNISTER ENGINEERING, LLC 240 NORTH MITCHELL DRIVE MANSFIELD, TEXAS 76063 CONTACT: MICHAEL DAVIS, RPLS PHONE: 817-842-2094 Mike@bannistereng.com OWNER / DEVELOPER: JOHN ENGLAR & YANYU DUAN 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 PRELIMINARY PLAT OF BROOKSIDE ESTATES 14.599 acres out of the Francisco De La Pina Survey, Abstract Number 688 Collin County, Texas 73 Residential Lots & 4 Open Space Lots Prepared Date: December 2018 Revision Date: February 2019 SHEET 1 OF 2 VICINITY MAP SCALE: 1" = 2000' COLLIN COUNTY, TEXAS STONEKREYMER GALACINOSHERRYMUBLEYTROYWILDFLOWERSTEPHEN SITE GENERAL NOTES: 1. The tract shown herein and described above was not abstracted by the surveyor. Additional easements or other encumbrances, whether of record or not may affect the subject tract. 2. According to surveyor's interpretation of information shown on the National Flood Insurance Program (NFIP) “Flood Insurance Rate Map” (FIRM), Community Panel No. 48085C0420J, dated June 2, 2009. The property appears to lie within Zone “X” and the entire property lies within a “Areas determined to be outside the 0.2% annual chance floodplain” zone as defined by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, or the Federal Emergency Management Agency. 3. The above referenced “FIRM” map is for use in administering the “NFIP”; it does not necessarily show all areas subject to flooding, particularly from local sources of small size, which could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. There may be other streams, creeks, low areas, drainage systems or other surface or subsurface conditions existing on or near the subject property which are not studied or addressed as a part of the “NFIP”. 4. All found monuments shown hereon are deemed to be controlling monuments. 5. All coordinates and bearings shown herein are Texas State Plane Coordinate System, NAD83 (CORS), Texas North Central Zone (4202). All distances shown herein are surface distances. 6. SOURCE BENCHMARK: City of Wylie Monument No. 5, located at the Northeast intersection of Troy Road and County Road 732 (Beaver Creek). Elevation = 454.28' 7. Notice: Selling a portion of any lot in this addition by metes and bounds is a violation of state law and City Ordinance and is subject to penalties imposed by law. 8. All lot lines ore radial or perpendicular to the street unless otherwise noted by bearing. 9. The Home Owner's Association will maintain all Open Space Lots and Detention Area Lots. 10. Sanitary Sewer Easements in Streets are centered on the pipe as installed. 11. Developer is obligated to comply to the regulations of the Agreement to Relocate Sewer Easement for the realignment of the 24' Sewer Line and 30' easement. NOTE: "Preliminary Plat for Review Purposes Only"STONERAY HUBBARD BEAVER CREEKHUBBARD RAY LAKE B A N N I S T E R E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 817.842.2095 fax TBPLS REGISTRATION NO. 10193823 PROJECT NO.: 090-18-019 ENGINEER / SURVEYOR: BANNISTER ENGINEERING, LLC 240 NORTH MITCHELL DRIVE MANSFIELD, TEXAS 76063 CONTACT: MICHAEL DAVIS, RPLS PHONE: 817-842-2094 Mike@bannistereng.com OWNER / DEVELOPER: JOHN ENGLAR & YANYU DUAN 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 PRELIMINARY PLAT OF BROOKSIDE ESTATES 14.599 acres out of the Francisco De La Pina Survey, Abstract Number 688 Collin County, Texas 73 Residential Lots & 4 Open Space Lots Prepared Date: December 2018 Revision Date: February 2019 SHEET 2 OF 2 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That JOHN ENGLAR & YANYU DUAN, acting herein by and through its duly authorized officers, does hereby adopt this plat designating the herein above described property as BROOKSIDE ESTATES, an addition to Collin County, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. WITNESS MY HAND AT __________________ Texas, this the _____________ day of _______________________, 2019. JOHN ENGLAR & YANYU DUAN By: ____________________________________________________ By: ____________________________________________________ JOHN ENGLAR YANYU DUAN OWNER'S DEDICATION STATEMENT WATER LINE AND WATER LINE APPURTENANCES Now, Therefore Know All Men by these Presents: That, JOHN ENGLAR & YANYU DUAN, acting herein by and through its duly authorized officer, does hereby adopt this plat designated hereon as, BROOKSIDE ESTATES, an addition to Collin County, Texas and does hereby dedicate all such water lines, valves, and water system appurtenances to the East Fork Special Utility District Executed this the _______ day of _________________, 2019. STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned , a Notary Public in and for said County and State, on this day personally appeared JOHN ENGLAR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed some for the purpose and consideration therein expressed. Given under my hand and seal of office, this the _____________ day of ____________, 2019. ____________________________________ Notary Public in and for the State of Texas My commission expires: ______________________________________ STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned , a Notary Public in and for said County and State, on this day personally appeared YANYU DUAN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed some for the purpose and consideration therein expressed. Given under my hand and seal of office, this the _____________ day of ____________, 2019. ____________________________________ Notary Public in and for the State of Texas My commission expires: ______________________________________ "Recommended for Approval" __________________________________________________ Chairman, Planning & Zoning Commission Date: City of Wylie, Texas Approved for Construction __________________________________________________ Mayor, City of Wylie, Texas Date: Accepted __________________________________________________ Mayor, City of Wylie, Texas Date: "The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of the BROOKSIDE ESTATES, subdivision or addition to Collin County was submitted to the City Council on the _______day of ___________________, 2018 and the Council, by formal action, then and there accepted the dedication of streets, alley, parks, easement, public places, and water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. Witness my hand this. _______ day of _______________________ , A.D., 2019. ______________________________________ City Secretary City of Wylie, Texas MICHAEL DAN DAVIS 4838STATEOFTEX A SLA N DSUR V E Y ORRE G I S T ER E DPROFES S I O N ALPRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT PRELIMINARYOWNERS DEDICATION: WHEREAS JOHN ENGLAR & YANYU DUAN, are the sole owner(s) of a 14.599 acres (635,944 square feet) of land in the Francisco De La Pina Survey, Abstract Number 688, Collin County, Texas; said 14.599 acres (635,944 square feet) of land being all of that certain tract of land described in a General Warranty Deed to JOHN ENGLAR & YANYU DUAN (hereinafter referred to as ENGLAR tract), as recorded in Instrument Number 20131230001694250, Official Public Records, Collin County, Texas (O.P.R.C.C.T.); said 14.599 acres (635,944 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a one-half inch iron rod found for the Northwest corner of said ENGLAR tract, same being the Northeast corner of that certain tract of land described in a Warranty Deed to Frank Solla and wife, Julia Solla (hereinafter referred to as Solla tract), as recorded in Volume 5135, Page 3349, O.P.R.C.C.T., same also being the South line of that certain tract of land described in a Warranty Deed with Vendor's Lien to Guy L. Cates and wife, Elaine Cates (hereinafter referred to as Cates), as recorded in Instrument Number 20070627000881390, O.P.R.C.C.T.; THENCE South 88 degrees 59 minutes 41 seconds East with the common line between said ENGLAR tract and said Cates tract, a distance of 744.67 feet to the Northeast corner of said ENGLAR tract, same being the Southeast corner of said Cates tract, same also being the West line of Grayhawk Park (hereinafter referred to as Grayhawk Park), an addition to the City of Wylie, Collin County, Texas, according to the plat recorded in Instrument Number 2017-760, Plat Records, Collin County, Texas (P.R.C.C.T.), from which a 40D nail found bears South 00 degrees 40 minutes 32 seconds West, a distance of 0.79 feet; THENCE South 00 degrees 40 minutes 32 seconds West with the common line between said ENGLAR tract and said Grayhawk Park, pass at a distance of 246.54 feet, the Southwest corner of said Grayhawk Park, same being the Northwest corner of that certain tract of land described in a General Warranty Deed with Vendor's Lien in Favor of Third Party to Chad Meredith Packard and Bethany Lynn Packard (hereinafter referred to as Packard), as recorded in Instrument Number 19931029000937920, O.P.R.C.C.T., and continue with said course and the common line between said ENGLAR tract and said Packard tract, pass at a distance of 681.77 feet, the Southwest corner of said Packard tract, same being the Northwest corner of that certain tract of land described in a General Warranty Deed to Christopher D. Pollard and spouse, Laurie L. Pollard (hereinafter referred to as Pollard tract), as recorded in Volume 3296, Page 223, O.P.R.C.C.T., and continue with said course and the common line between said ENGLAR tract and said Pollard tract for a total distance of 1200.07 feet to a five-eighths inch iron rod with plastic cap stamped "BOUNDARY SOLUTIONS" found for the Southeast corner of said ENGLAR tract, same being the existing North right-of-way line of East Stone Road, also known as County Road 382 (variable width right-of-way); THENCE North 88 degrees 52 minutes 40 seconds West, departing the West line of said Pollard tract and with the common line between said ENGLAR tract and the existing North right-of-way line of said East Stone Road, a distance of 252.46 feet to a three-eighths inch iron rod found for the Southerly Southwest corner of said ENGLAR tract, same being the Southeast corner of that certain tract of land described in a Warranty Deed with Vendor's Lien to Pebble Street Properties, LLC (hereinafter referred to as Pebble Street Properties tract), as recorded in Instrument Number 20170510000598910, O.P.R.C.C.T.; THENCE North 01 degree 09 minutes 16 seconds East, departing the existing North right-of-way line of said East Stone Road and with the common line between said ENGLAR tract and with said Pebble Street Properties tract, a distance of 522.63 feet to a three-eighths inch iron rod found for an inner-ell corner of said ENGLAR tract, same being the Northeast corner of said Pebble Street Properties tract; THENCE North 88 degrees 52 minutes 03 seconds West, continue with the common line between said ENGLAR tract and with said Pebble Street Properties tract, pass at a distance of 249.40 feet, the Northwest corner of said Pebble Street Properties tract, same being the Northeast corner of that certain tract of land described in a Warranty Deed with Vendor's Lien to Daryl McCullough and wife, Ruby Dian McCullough (hereinafter referred to as McCullough tract), as recorded in Volume 4595, Page 2255, O.P.R.C.C.T. and continue with said course and the common line between said ENGLAR tract and said McCullough tract, pass at a distance of 374.40 feet, the Northwest corner of said McCullough tract, same being the Northeast corner of that certain tract of land described in a General Warranty Deed to Wendell H. Daniel and Natalie R. Daniel (hereinafter referred to as Daniel tract), as recorded in Volume 5312, Page 5682, O.P.R.C.C.T. and continue with said course and the common line between said ENGLAR tract and said Daniel tract for a total distance of 500.37 feet to a five-eighths inch iron rod with plastic cap stamped "BOUNDARY SOLUTIONS" found for the Westerly Southwest corner of said ENGLAR tract, same being the Northwest corner of said Daniel tract, same also being the East line of the aforesaid Solla tract; THENCE North 00 degrees 59 minutes 44 seconds East with the common line between said ENGLAR tract and said Solla tract, a distance of 675.80 feet to the PLACE OF BEGINNING, containing a calculated area of 14.599 acres (635,944 square feet) of land. NOTE: "Preliminary Plat for Review Purposes Only" SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that I, Michael Dan Davis, do hereby certify that I prepared this Final Plat and the field notes from an actual and accurate survey of the land, that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the subdivision Regulations of the City of Wylie, Texas. ____________________________________ Michael Dan Davis DATE: Registered Professional Land Surveyor No. 4838 BANNISTER ENGINEERING, LLC T.B.P.L.S. REGISTRATION NO. 10193823 THE STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Michael Dan Davis, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purpose and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office, this ___ day of _____________________ , 2019. ____________________________________ Notary Public in and for the State of Texas Wylie City Council AGENDA REPORT Page 1 of 1 Meeting Date: April 9, 2019 Item Number: 4 Department: Public Works (City Secretary’s Use Only) Prepared By: Tim Porter Account Code: Date Prepared: April 2, 2019 Exhibits: Ordinance, Plan Subject Tabled from 03-26-2019 Remove from table and consider Consider, and act upon, Ordinance No. 2019-09 repealing Ordinance No. 2014-15, codified as Division 3 (Water Conservation 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 Tabled from 03-26-2019 Remove from table and consider Motion to approve, Ordinance No. 2019-09 repealing Ordinance No. 2014-15, codified as Division 3 (Water Conservation 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 2014. 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. Following the previous City Council meeting discussion on 03/26/19 concerning this item, the Water Conservation Plan was updated to remove generalized “recommendation” language provided in the Model NTMWD Conservation Plan and provide requirements for a more specific City of Wylie Plan. A few items to note are included in the table below, and reflect only substantive changes from the City’s 2014 Plan and changes made since the March 26th City Council meeting: Page 2 of 2 WATER CONSERVATION PLAN COMPARISON TABLE CURRENT CONSERVATION PLAN NEW CONSERVATION PLAN Removed generalized language or commentary from the NTMWD Model Plan to better reflect an individual City of Wylie Plan. Added Wylie specific information to the Introduction section of the Plan Block Rate Structure Changed line items to better reflect current City of Wylie rate structure tier levels Added maximum average toilet and urinal flow rates Require that new irrigation system backflow preventers be inspected prior to irrigation system operation. Hotels and motels shall offer a linen reuse option to customers No change from 2014 Plan Restaurants may choose not to serve water unless requested by the customer No change from 2014 Plan Recommend refitting existing irrigation systems with rain/freeze sensors and ET controllers Removed recommendation from Plan Recommend water audit programs to customers Removed audit program references from Plan Added information regarding an Industrial, Commercial and Institutional (ICI) efficiency study currently being performed by the Water District which will be used to develop a future program to reduce per unit or per capita ICI water use. Added recommendation for possible rebate of commercial clothes washers that use high efficiency washers Removed NTMWD draft appendix language and added City of Wylie enforcement actions to Section 8. Ordinance No. 2019-09 ______ Adopting Water Conservation Plan Page 1 of 3 2690977 ORDINANCE NO. 2019-09 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2014-15, 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 NEW 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. 2014-15 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; 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 a new 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. 2014-15 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. 2019-09 ______ Adopting Water Conservation Plan Page 2 of 3 2690977 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. 2014-15. Ordinance No. 2014-15, 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. 2014-15 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. 2014-15 occurring before the effective date of this Ordinance. SECTION 3: Water Conservation Plan Adopted. The City Council hereby approves and adopts the Water Conservation 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 Water Conservation Plan. SECTION 4: Penalty. Any customer, as defined by 30 TEX. ADMIN. CODE Chapter 291, failing to comply with the provisions of the adopted Water Conservation 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 adopted Water Conservation 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 Water Conservation Plan with the TCEQ. The City Manager or her designee is hereby directed to file one (1) copy of each of the adopted Water Conservation 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. Ordinance No. 2019-09 ______ Adopting Water Conservation Plan Page 3 of 3 2690977 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 expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council 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 9 day of April 2019. _________________________________ Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ________________________________ Stephanie Storm, City Secretary Dates of Publication: April 17, 2019, Wylie News Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan EXHIBIT A WATER CONSERVATION PLAN CITY OF WYLIE APRIL 2019 Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan i TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES .................................................................................. 1-1 2. DEFINITIONS AND ABBREVIATIONS ................................................................................ 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 Repair 6-1 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 Reservoir 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 ......................... 6-3 6.6 Increasing Block Water Rate Structure .......................................................................... 6-4 7. ENHANCED WATER CONSERVATION STRATEGIES ......................................................... 7-1 7.1 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures.......................... 7-1 7.2 Reuse and Recycling of Wastewater .............................................................................. 7-1 7.3 Interactive Weather Stations / “Water My Yard” Program ........................................... 7-1 7.4 Compulsory Landscape and Water Management Measures ......................................... 7-2 7.5 Additional Water Conservation Measures (Not Required) ............................................ 7-4 7.6 Monitoring of Effectiveness and Efficiency - NTMWD Annual Water Conservation Report ............................................................................................................................. 7-6 7.7 Water Conservation Implementation Report ................................................................ 7-6 8. ENFORCEMENT OF THE WATER CONSERVATION PLAN ................................................. 8-1 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN .............................................. 9-1 Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan ii APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Water Conservation Plans for Municipal Uses by Public Water Suppliers • Texas Administrative Code Title 30, Chapter 288, Subchapter A, Section 288.1 – Definitions (Page B-1) • Texas Administrative Code Title 30, Chapter 288, Subchapter A, Rule Section 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 TCEQ Water Conservation Implementation Report Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 1-1 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 municipal uses by public water suppliers. The TCEQ guidelines and requirements are in Texas Administrative Code Title 30, Part 1, Chapter 288 Subchapter A, Rule §288.2 and Texas Administrative Code Title 30, Part 1, Chapter 288 Subchapter B, Rule §288.20. The City of Wylie (City) has developed this Water Conservation Plan to be consistent with TCEQ guidelines and requirements. The best management practices established by the Water Conservation Implementation Task Force, established pursuant to SB1094 by the 78th Legislature were also considered in the development of the water conservation measures. The City is located in Collin, Dallas and Rockwall Counties, and is bordered by the cities of St. Paul and Lucas to the north, Murphy to the west, Sachse and Rowlett to the south, and Lavon and Ray Hubbard Lakes to the east. The land area of the City is 21.01 square miles. As of December 31, 2018, the City’s population is approximately 52,000. The City purchases treated water from the North Texas Municipal Water District (NTMWD). NTMWD is a regional wholesale supplier for 13 Member Cities and numerous other customers in Collin, Dallas, Denton, Rockwall, Kaufman, Hunt, Hopkins, Fannin, and Rains Counties in North Central Texas. The NTMWD currently provides water for over 1.7 million people. The City does not wholesale any of this purchased water from NTMWD to other customers. All of the City’s wastewater is treated by NTMWD at the Muddy Creek Wastewater Treatment Plant, which has permits for effluent back to Lake Ray Hubbard through Muddy Creek. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 1-2 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 maximize 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. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 2-1 2. DEFINITIONS AND ABBREVIATIONS 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 and league play sanctioned by the utility providing retail water supply. 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 wholesale water that are not members of NTMWD. 4. 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. 5. EVAPOTRANSPIRATION (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. 6. 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. 7. IRRIGATION SYSTEM means a permanently installed, custom-made, site-specific system of delivering water generally for landscape irrigation via a system of pipes or other conduits installed below ground. 8. LANDSCAPE means any plant material on a property, including any tree, shrub, vine, herb, flower, succulent, ground cover, grass or turf species, that is growing or has been planted out of doors. 9. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royse City, and Wylie, Texas, which are members of NTMWD. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 2-2 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. REGULATED IRRIGATION PROPERTY means any (customer class, i.e. commercial) property that uses (over a certain amount) of water or more for irrigation purposes in a single calendar year or is greater than (certain size). 12.11. RESIDENTIAL GALLONS PER CAPITA PER DAY means (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. 13.12. RETAIL CUSTOMERS include those customers to whom the utility provides retail water from a water meter. 14.13. TOTAL GALLONS PER CAPITA PER DAY (Total GPCD) means 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. 15.14. WATER CONSERVATION PLAN means the Member City or Customer water conservation plan approved and adopted by the utility. Abbreviations Abbreviation Full Nomenclature BMP Best Management Practices NTMWD or District North Texas Municipal Water District TCEQ Texas Commission on Environmental Quality TWDB Texas Water Development Board WCAC Water Conservation Advisory Council WCP Water Conservation Plan Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 3-1 3. REGULATORY BASIS FOR WATER CONSERVATION PLAN 3.1 TCEQ Rules Governing Conservation Plans The TCEQ rules governing development of water conservation plans for municipal uses by public water suppliers are contained in Title 30, Chapter 288, Subchapter A, Section 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 water.” The water conservation plan elements required by the TCEQ water conservation rules that are covered in this water conservation plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Municipal Uses by Public Water Suppliers are covered in this water conservation plan as follows: • 288.2(a)(1)(A) – Utility Profile – Section 4 and Appendix C • 288.2(a)(1)(B) – Record Management System – Section 6.1.5 • 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 – Sections 6.1.3 and 6.1.4 • 288.2(a)(1)(G) – Public Education and Information Program – Section 6.2 • 288.2(a)(1)(H) – Non-Promotional Water Rate Structure – Section 6.6 • 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 • 288.2(c) – Review and Update of Plan – Section 9 Conservation Additional Requirements (Population over 5,000) Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 3-2 • 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) – Requirement for Water Conservation Plans by Wholesale Customers – Section 6.5 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 F. In addition to the TCEQ required elements of a water conservation plan, NTMWD also requires the following water conservation strategies to be included in the Member City and Customer water conservation plans: • 288.2(a)(3)(A) – Conservation Oriented Water Rates – Section 6.6 • 288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations – Section 7.4 and Appendix E TCEQ rules also include options of, conservation measures that may be adopted by public water suppliers but are not required: • 288.2(a)(3)(B) – Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures – Section 7.1 • 288.2(a)(3)(C) – Replacement or Retrofit of Water-Conserving Plumbing Fixtures – Section 7.1 • 288.2(a)(3)(D) – Reuse and Recycling of Wastewater – Section 7.2 • 288.2(a)(3)(F) – Considerations for Landscape Water Management Regulations – Section 7.3, 7.4 • 288.2(a)(3)(G) – Monitoring Method – Section 7.6 • 288.2(a)(3)(H) – Additional Conservation Practices – Section 7.5 Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 3-3 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 WCAC (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. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 4-1 4. WATER UTILITY PROFILE Appendix C to this Water Conservation Plan is a water utility profile based on the format recommended by the TCEQ. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 5-1 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, the City of Wylie must develop 5-year and 10-year goals for water savings, including goals for per capita municipal use and for water loss programs. 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 2019 and subsequent years, as discussed in Section 6.1.3. • 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 water conservation measures with ordinance for enforcement, order or resolution. • Decrease waste in lawn irrigation by implementation and enforcement of landscape water management regulations, as discussed in Section 7.5. • 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. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 5-2 Table 5-1 Five-Year and Ten-Year Per Capita Water Use Goals (GPCD) Description Current Average (GPCD) 5-Year Goal (GPCD) 10-Year Goal (GPCD) Current 5-Year Average Total Per Capita Use with Credit for Reuse 107 106 105 Current 5-Year Average Residential Per Capita Use 64 63 62 Water Loss (GPCD)1 9 9 9 Water Loss (Percentage)2 8 8 8 Water Conservation Goals (with credit for reuse) 107 106 105 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 Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 6-1 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 an annual 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, is metered in the City of Wylie. The City of Wylie tests and replaces our customer meters on a regular basis. All residential customer meters are budgeted to be replaced on a minimum of a 15-year cycle. 6.1.3 Determination and Control of Water Loss Total water loss is the difference between the water delivered to the City from the NTMWD and the metered water sales to customers plus water authorized for use but not sold. (Authorized for use but not sold would include use for fire fighting, releases for flushing of lines, uses associated with new construction, etc.) Total water loss includes two categories: • Apparent Losses – Includes 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; Accounts that 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 and unreported losses. Measures to control water loss are a part of the routine operations of the City. Maintenance crews and personnel look for and report evidence of leaks in the water Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 6-2 distribution system. A leak detection and repair program is described in Section 6.1.4 below. Meter readers watch for and report signs of illegal connections so that they can be quickly addressed. Total water loss should be calculated in accordance with the provisions of Appendix F. With the measures described in this plan, the City should maintain a water loss percentage below 12 percent in 2019 and subsequent years. If total water loss exceeds this goal, the City will implement a more intensive audit to determine the source(s) of loss and to 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, building inspectors 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 are targeted for replacement as funds are available. 6.1.5 Record Management System As required by TAC Title 30, Chapter 288, Section 288.2(a)(1)(B), the City of Wylie will maintain a customer billing and record management system that allows for the separation of water sales and uses into residential, commercial, public/institutional, agricultural and industrial categories. 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 NTMWD. • Utilize the “Water4Otter” campaign for students. • Insert water conservation information with water bills and provide information online. Inserts or information will include material developed by City of Wylie staff and/or material obtained from the TWDB, TCEQ, and other sources. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 6-3 • Encourage local media coverage of water conservation issues and the importance of water conservation. • Notify local organizations, schools, and civic groups that City of Wylie staff and staff of 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 the City of Wylie’s website 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. • Utilize the Water My Yard website and encourage customers to sign-up to receive weekly watering advice. 6.3 NTMWD Reservoir System Operation Plan Member Cities and Customers of NTMWD purchase treated water from NTMWD and do not have surface water supplies for which to implement a reservoir system operations 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 The adopted ordinance 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 a Member City and/or Customer 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 Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 6-4 requirements of Title 30, Chapter 288, of the Texas Administrative Code. This requirement extends to each successive wholesale customer in the resale of the water. 6.6 Increasing Block Water Rate Structure The City of Wylie will continue to bill customers using an increasing block rate water structure that is intended to encourage water conservation and to discourage excessive use and waste of water upon completion its next rate study or within five years. See City of Wylie current Code of Ordinances establishing an increasing block rate structure and minimum charge and base charges for all tiers for residential and commercial/industrial water rates. The City water rate structures are as follows: Residential Water Rates Residential water rates includes a minimum monthly charge for up to 1,000 gallons, and four (4) additional tiers. The 2nd, 3rd, 4th and 5th tiers are 1.25 to 2.0 times the per gallon tier rate immediately preceding each. Residential Irrigation Rates Irrigation water rates for residential areas include 2 tiers, with rates for the 2nd tier set at 1.25 to 2.0 times that of the first tier. 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 Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 6-5 Commercial/Industrial rates include 2 tiers, with rates for the 2nd tier set at 1.25 to 2.0 times that of the first tier. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 7-1 7. ENHANCED WATER CONSERVATION STRATEGIES 7.1 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, 1.28 gallons per flush (gpf) for toilets and 0.5 gpf for urinals. Similar standards are now required under federal law. These state and federal standards assure that all new construction and renovations will use water-conserving fixtures. As it deems appropriate, the City of Wylie will continue to implement ordinances, plumbing codes, and rules for water conserving fixtures as they evolve through relevant building codes and State of Texas requirements. In addition, the City may also use rebate programs to encourage replacement of older fixtures with water conservation programs as discussed in Section 7.5. 7.2 Reuse and Recycling of Wastewater The City does not own and operate a wastewater treatment plant. 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 treated wastewater discharges from the Wilson Creek Wastewater Treatment Plant for municipal purposes. In addition, NTMWD has also developed the East Fork Reuse Project which can divert up to 157,393 acre-feet per year based on treated wastewater discharges by NTMWD. With the addition of the Main Stem Pump station the District will be able to increase flows through the East Fork Reuse Project up to an additional 56,100 acre-feet per year. When fully developed, these three reuse projects will provide up to 42 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. 7.3 Interactive Weather Stations / “Water My Yard” Program NTMWD has developed the Water My Yard program to install weather stations throughout its service area in order to provide consumers with a weekly e-mail and information through the “Water My Yard” website to assist consumers in determining an adequate amount of supplemental water to maintain healthy grass in a specific location. This service represents the largest network of weather stations providing ET-based irrigation recommendations in the State Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 7-2 of Texas, and provides the public advanced information regarding outdoor irrigation needs, thereby reducing water use. Through a series of selections on the type of irrigation system, a consumer has a weekly email provided that determines how long (in minutes) 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. The City will encourage customers to subscribe to weekly watering updates through Water My Yard or other similar program in an effort to reduce outdoor water consumption. 7.4 Compulsory Landscape and Water Management Measures The following landscape water management measures are required by NTMWD for this plan. The following measures represent minimum measures required by the City of Wylie in order to irrigate landscape appropriately and are to remain in effect on a permanent basis unless water resource management stages are declared. 1. Landscape Water Management Measures • Landscape watering with sprinklers or irrigation systems at each service address is limited to no more than two days per week (April 1 – October 31).. Additional watering of landscape may be provided by hand-held hose with shutoff nozzle or use of dedicated irrigation drip zones if approved by the City. 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. Lawn and landscape watering is 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 Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 7-3 • Landscape watering with sprinklers or irrigation systems at each service address is limited to no more than one day per week beginning November 1 and ending March 31 of each year. • Lawn irrigation watering is prohibited from 10 AM to 6 PM (April 1 – October 31). • The use of irrigation systems that water impervious surfaces is prohibited. (Wind- driven water drift will be taken into consideration.) • Outdoor watering during precipitation or freeze events is prohibited. • Use of poorly maintained sprinkler systems that waste water is prohibited. • Excess water runoff or other obvious waste is prohibited. • Rain and freeze sensors and/or ET or Smart controllers are required on all new irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must be maintained to function properly. • Overseeding, sodding, sprigging, broadcasting or plugging with cool season grasses or watering cool season grasses, except for golf courses and athletic fields is prohibited. • Require that iIrrigation systems backflow preventers are required to be be inspected prior to sprinkler operation.at the same time as initial backflow preventer inspection. • All new irrigation systems are required to be in compliance with state design and installation regulations (Texas Administrative Code Title 30, Chapter 344). • Require the owner of a regulated irrigation property to obtain an evaluation of any permanently installed irrigation system on a periodic basis. The irrigation evaluation shall be conducted by an licensed irrigator in the State of Texas and be submitted to the local water provider (i.e., city, water supply corporation). 2. Additional Water Management Measures • Use of potable water to fill or refill residential, amenity, and any other natural or manmade ponds is prohibited. 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. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 7-4 • All new athletic fields must be irrigated by a separate irrigation system from surrounding areas. • Hotels and motels shall offer a linen reuse water conservation option to customers. • Restaurants, bars, and other commercial food or beverage establishments may choose to not provide drinking water to customers unless a specific request is made by the customer for drinking water. 7.5 Additional Water Conservation Measures (Not Required) NTMWD also urges its Member Cities and Customers to consider including the following additional water conservation measures in their plans. Member Cities and Customers are responsible for developing regulations, ordinances, policies, or procedures for enforcement of water conservation guidelines. 1. Landscape Water Management Regulations • Requirement 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. 2. Water Audits • 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. 3.1. Industrial, Commercial, and Institutional Customers In order to target programs towards this customer base, the District hired Alan Plummer Associates to conduct the “North Texas Municipal Water District Industrial, Commercial, and Institutional Water Use Efficiency Study.” The primary scope items in the study are as follows: • Develop ICI Customer Database • Calculate per Capita Consumptions • Identify, Define and Categorize Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 7-5 • Establish Base Use Estimates • Identify Trends • Select sectors for detailed analysis • Benchmarking • Identify Potential for Reduction • Estimate Potential Demand Reduction by Strategy • Program Development The kick-off meeting was held on September 10, 2018 and the project is currently in the process of data collection. It is not anticipated that any recommended programs will be identified prior to the publication of this plan. Once the results are published, the District will develop, in cooperation with the District’s Member Cities and Customers and in collaboration with ICI water users within the District’s service area, a program to reduce the per unit or per capita ICI water use within the District. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 7-6 4.2. Rebates Rebate programs that may be instituted by the City of Wylie under this plan could include the following, if funds are available: o Commercial clothes washer rebates for the purchase and installation of high efficiency card- or coin -operated commercial clothes washers; 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 Residential 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. 7.6 Monitoring of Effectiveness and Efficiency - NTMWD Annual Water Conservation Report The City of Wylie will complete the NTMWD Member City and Customer Annual Water Conservation Report (Appendix D) by March 31 each year and will use this report 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. The annual water conservation report will be sent to NTMWD, which will monitor NTMWD Member Cities’ and Customers’ water conservation trends. 7.7 Water Conservation Implementation Report Appendix F includes the TCEQ-required water conservation implementation report. The report is due to the TCEQ by May 1 of every year, starting in the year 2019. This report lists the various water conservation strategies that have been implemented, including the date the strategy was implemented. The report also calls for the five-year and ten-year per capita water use goals Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 7-7 from the previous water conservation plan. The reporting entity must answer whether or not these goals have been met and if not, why not. The amount of water saved is also requested. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 8-1 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN An ordinance adopted by the City Council on April 9, 2019 designating responsible officials to implement and enforce the Water Conservation Plan. The plan 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. Water Conservation Plan Wylie, Texas Exhibit A of Ordinance No. 2019-09 Adopting Water Conservation Plan 9-1 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN TCEQ requires that the water conservation plans be updated every five years. The plan will be updated as required and as appropriate based on new or updated information. Water Conservation Plan Wylie, Texas APPENDIX A LIST OF REFERENCES Water Conservation Plan Wylie, Texas A-1 APPENDIX A LIST OF REFERENCES 1. Texas Commission on Environmental Quality Water Conservation Implementation Report. https://www.tceq.texas.gov/assets/public/permitting/forms/20645.pdf 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://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=288, November 2019. 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. Freese and Nichols, INC.: Model Water Conservation Plan for NTMWD Members Cities and Customers, prepared for the North Texas Municipal Water District, Fort Worth, March 2014. 5. Texas Water Development Board, Texas Commission on Environmental Quality, Water Conservation Advisory Council: Guidance and Methodology for Reporting on Water Conservation and Water Use, December 2012 6. Freese and Nichols Inc., Alan Plummer and Associates, CP & Y Inc. and Cooksey Communications. “2016 Region C Regional Water Plan” Water Conservation Plan Wylie, Texas APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS Water Conservation Plan Wylie, Texas B-1 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. (2) Agricultural use--Any use or activity involving agriculture, including irrigation. Water Conservation Plan Wylie, Texas B-2 (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. (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. Water Conservation Plan Wylie, Texas B-3 (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) 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. (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) Residential use--The use of water that is billed to single and multi-family residences, which applies to indoor and outdoor uses. (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 disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state- owned water. Water Conservation Plan Wylie, Texas B-4 (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 coordinator--The person designated by a retail public water supplier that is responsible for implementing a water conservation plan. (24) 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). (25) 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. (26) 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; amended to be effective August 16, 2018, 43 TexReg 5218 Water Conservation Plan Wylie, Texas B-5 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; (B) 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; Water Conservation Plan Wylie, Texas B-6 (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 (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. Water Conservation Plan Wylie, Texas B-7 (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; (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; Water Conservation Plan Wylie, Texas B-8 (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 Water Conservation Plan Wylie, Texas APPENDIX C TCEQ WATER UTILITY PROFILE Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 1 of 9 Texas Commission on Environmental Quality UTILITY PROFILE AND WATER CONSERVATION PLAN REQUIREMENTS FOR MUNICIPAL WATER USE BY 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: Albert Garza Address: 300 Country Club Road Bldg. 100 Telephone Number: (972) 516-6151 Fax: (972) 442-8198 Water Right No.(s): Regional Water Planning Group: Region C Form Completed by: Albert Garza Title: Public Works Assistant Superintendent Person responsible for implementing conservation program: Tim Porter Phone: (972) 516-6381 Signature: Date: / / NOTE: If the plan does not provide information for each requirement, include an explanation of why the requirement is not applicable. Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 2 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): 18 (Please attach a copy of service-area map) 3. Current population of service area: 55638 4. Current population served for: a. Water 44,418 b. Wastewater 55638 5. Population served for previous five years: 6. Projected population for service area in the following decades: Year Population Year Population 2018 44,418 2020 45,900 2017 43,146 2030 48,000 2016 42,546 2040 52,000 2015 41,043 2050 52,000 2014 39,852 2060 53,600 7. List source or method for the calculation of current and projected population size. Reference RG-195 Rules and Regulations for Public Water Systems 290.38(10). Population was determined by multiplying the number of service connection by three. Service connections in an apartment complex would be equal the number of individual apartment units. 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 Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 3 of 9 reporting data for each of the sectors listed below. http://www.tceq.texas.gov/assets/public/ permitting/watersupply/water_rights/sb181_guidance.pdf 1. Current number of active connections. Check whether multi-family service is counted as Residential or Commercial? Treated Water Users Metered Non-Metered Totals Residential 13,838 13,838 Single-Family 12,171 12,171 Multi-Family 1667 1667 Commercial 830 830 Industrial/Mining 22 22 Institutional 116 116 Agriculture Other/Wholesale 2. List the number of new connections per year for most recent three years. Year 2018 2017 2016 Treated Water Users Residential 390 166 852 Single-Family 157 166 280 Multi-Family 233 0 572 Commercial 33 34 45 Industrial/Mining 0 0 0 Institutional 1 0 1 Agriculture Other/Wholesale 3. List of annual water use for the five highest volume customers. Customer Use (1,000 gal/year) Treated or Raw Water 1. GLOBAL INNOVATION CORP 18,682,900 TREATED 2. HAYDEN WYLIE, LLC 14,612,614 TREATED 3. KNOLL GLENN LLC 12,048,000 TREATED 4. NORTEX NURSERY 9,186,200 TREATED 5. TOWER EXTRUSION 8,746,700 TREATED Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 4 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 1,000 gallons). Indicate whether this is diverted or treated water. Year 2018 2017 2016 2015 2014 Month January 92,936 91,694 114,865 78,911 76,207 February 95,218 91,361 106,387 76,671 98,204 March 132,597 101,758 103,666 84,072 77,795 April 110,265 130,782 128,894 86,108 92,529 May 146,792 132,550 125,282 89,755 118,534 June 168,304 142,038 122,757 163,853 116,429 July 216,953 171,699 215,251 117,843 102,322 August 193,076 157,448 186,081 244,015 117,449 September 113,043 167,104 152,851 162,280 123,293 October 106,510 134,985 135,780 142,770 109,091 November 96,372 117,011 104,329 102,962 93,283 December 116,632 87,740 88,514 112,882 77,800 Totals 1,588,632 1,523,094 1,568,690 1462,051 1,202,891 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). Water Sales 2. Amount of water (in 1,000 gallons) delivered/sold as recorded by the following account types for the past five years. Year 2018 2017 2016 2015 2014 Account Types Residential 1,042,159 989,528 982,285 1,038,286 862,194 Single-Family Combined Combined Combined Combined Combined Multi-Family Combined Combined Combined Combined Combined Commercial 267,437 241,435 266,939 246,556 190,820 Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 5 of 9 Industrial/Mining 48,627 59,501 52,569 54,051 56,149 Institutional 43,781 38,127 49,913 36,440 37,359 Agriculture Other/Wholesale 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 % 2018 144,838,000 8.35 2017 143,910,000 8.63 2016 198,641,000 11.24 2015 272,194,000 15.93 2014 188,966,000 13.58 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 North Texas Municipal Water District Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 6 of 9 B. Treatment and Distribution System 1. Design daily capacity of system (MGD):9.0MGD 2. Storage capacity (MGD): a. Elevated 3.0 b. Ground 6.0 3. If surface water, do you recycle filter backwash to the head of the plant? Yes No If yes, approximate amount (MGD): 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 on-site irrigation, off-site irrigation, for plant wash- down, and/or for 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: 99 % 2. Monthly volume treated for previous five years (in 1,000 gallons): Year 2014 2015 2016 2017 2018 Month January 124.748 143.925 154.771 148.168 133.807 February 98.511 123.931 123.665 133.912 188.519 March 108.282 176.761 147.728 139.389 177.214 April 112.052 169.448 167.090 150.719 147.700 May 121.295 188.389 144.172 136.041 144.801 June 112.707 172.228 155.176 173.490 139.903 July 119.400 128.312 125.426 156.169 143.943 Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 7 of 9 August 116.624 117.906 134.322 147.849 155.987 September 109.735 108.022 120.470 121.806 224.893 October 118.658 157.960 125.985 128.174 296.078 November 117.011 201.223 133.437 125.771 207.780 December 122.277 204.457 131.228 135.779 179.000 Totals 1381.3 1892.622 1663.47 1697.267 2139.625 V. ADDITIONAL REQUIRED INFORMATION In addition to the utility profile, please attach the following as required by Title 30, 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 5.0% 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. Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 8 of 9 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. 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. Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 9 of 9 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; 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 Water Conservation Plan Wylie, Texas TCEQ – 10218 (Rev. 06/14/2013) Page 10 of 9 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 30, 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. ±Map by: Suzanne JasterDate Created: April 16, 2013Project Path:c:/gis/projects/applications/35699-c.mxdState Hwy 78KirbyBrownBallardSkyviewFM 1378ElmParkRanchHensleyWestgateFM 544HoggeBaileyeyD r a i n KreymerMa xwell Creek Pleasant ValleyMcMillenState Highway 205SkylineBennettWoodbridgeMcWhirterSteelAlanisWellsSandenLyndaWillifordBozmanSunsetRidgeviewC r e e k s i d eAnson R odeoLakefieldSableHawthorneBeaver CreekB r y a n LynnMartinMoonlightKinneySalm onPoseyLakeviewFredaFoxRegencyRubyFM 3412Bois WheelisCounty Road 383BonanzaW A AllenBunnyCentennialWillowAnthonyStonecrestCounty Rd 384CallieHilltopOakbrookAudubonT y l e r MartinezCarrieGregoryW isteriaAshPonderosaReataBakerEast ForkCampbellGrantCloudcroftOld KnollWestC a rr in gt o nState Hwy 78Arthur'sDonnaLake TravisLegendCartwrightCherokeeForrest RossMilesTwin OaksDestinyMcKinleyTraleeColonialCenturyRutherfordnOdenvilleCamelotKennedyOakriMeadowlarkLindenSouthforkTalladegaMimosaTouchstoneTom ClevengerGlendaleStringfellowLucyCountry PlaceLake TexomaBending OakWyndhamWindhamAGlenviewOrchardCountry ClubhMoss RidgeHagermanTarta nFlar ityPrivate Road 5311ExchangePrivate Road 5313County Road 945WestlakeHooperAlanisFM 54 4 Collin CountyDallas CountyRockwall CountyCollin County10186100651019210096100661108710207100881019103,0006,0001,500FeetCity of WylieWater Service Area CCN No. 10186Application No. 35699-C (Decertified a Portion of City of Parker, CCN No. 10207)Collin and Dallas Counties10192 - Wylie Northeast SUD11087 - City of Murphy10066 - Lavon WSC10088 - Mount Zion WSC10096 - City of Sachse10191 - City of PlanoWater CCN Service Areas10186 - City of Wylie10207 - City of Parker10065 - East Fork SUD ±Map by: Suzanne JasterDate Created: April 16, 2013Project Path:c:/gis/projects/applications/35700-c.mxdState Hwy 78TroyKirbyBrownParkerSachseBallardSkyviewFM 1378ElmParkRanchHensleyVinsonWestgateFM 544HoggeDaltonBaileyWhitleyD r a i n KreymerMaxwel l Creek Pleasant ValleyMcMillenState Highway 205SkylineBennettWoodbridgeSaint PaulTalleyMcWhirterSteelAlanisMerrittWellsSandenLyndaWillifordBozmanSunsetElm GroveRidgeviewHuntC r e e k s i d eAnson R odeoLakefieldSableHawthorneBen DavisBeaver CreekB ry a n LynnMartinMoonlightKinneySalm onPoseyLakeviewFredaFoxRegencyGetha RubyFM 3412Bois D ArcWheelisCounty Road 383BonanzaW A AllenBunnyCentennialCornwallLakewayWillowAnthonyWestcreekStonecrestCounty Rd 384ToddCallieHilltopOakbrookAudubonVicksburgT yl e r MartinezOverbrookCarrieHolden GregoryWi steriaAshPonderosaReataBakerEast ForkCampbellGrantCloudcroftTaylorOld KnollWestC a r rin g to nState Hwy 78Arthur'sDonnaLake TravisLegendCartwrightCherokeeMilesTwin OaksDestinyMcKinleyTraleeBenColonialPecan CenturyB rStiRutherford O ShannonOdenvilleLunaCamelotKennedyOakridgeMeadowlarkole FM 552LindenresSouthforkTalladegaMimosaTouchstoneTom ClevengerGlendaleStringfellowLucyCountry PlaceLake TexomaBending OakWyndhamWindhamAvionGlenviewOrchardHeritageCountry ClubShennendoahHarlanCoveviewMoss RidgeHagermanDove Creek T a rta n FlarityPrivate Road 5311Park LakeExchangeCR 304 County Road 945WestlakeParkerHooperAlanisLavon FM 544 Collin CountyDallas CountyRockwall CountyCollin County2006820037210562105720070LavonLakeLakeRayHubbard03,5007,0001,750FeetCity of WylieSewer Service Area CCN No. 20068Application No. 35700-CCollin, Dallas and Rockwall Counties20070 - City of Plano21056 - Wylie Northeast SUD21057 - City of PrincetonSewer CCN Service Areas20068 - City of Wylie20037 - City of Sachse Water Conservation Plan Wylie, Texas A-1 APPENDIX D NTMWD MEMBER CITY AND CUSTOMER ANNUAL WATER CONSERVATION REPORT Water Utility Reporting:Filled Out By:Phone Number:Email:Date Completed:Year Covered:# of ConnectionsEstimated PopulationSource:# of Backflow Preventers:Recorded Deliveries and Sales by Month (in Million Gallons):Residential CommercialPublic/ InstitutionalIndustrialMetered IrrigationWholesale Other TotalJanuary 113.451 59.588 14.866 1.077 4.489 0.194 80.214February 105.434 62.196 15.280 1.091 4.655 0.205 83.427March 107.858 63.938 16.234 1.499 4.119 0.146 85.936April 121.665 78.218 20.290 3.355 4.408 0.075 106.347May 176.465 99.090 24.041 4.999 4.978 0.419 133.527June 174.043 121.588 28.332 7.000 4.992 0.420 162.332July 246.576 159.302 35.632 8.179 5.665 0.528 209.306August 225.595 135.820 36.791 7.456 3.727 0.881 184.675September 133.912 73.641 24.791 3.359 3.505 0.032 105.327October 120.146 63.086 17.790 1.848 3.684 0.026 86.435November 111.379 55.337 15.406 1.094 3.356 3.304 78.497December 98.051 70.355 17.985 2.823 1.049 92.212TOTAL 1,734.575 1,042.159 267.437 43.781 48.627 6.230 1,408.235Peak Day UsagePeak Day (MG)13.496Average Day (MG) 4.752Peak/Average Day Ratio 2.840Albert.garza@wylietexas.gov44,418Reference RG‐195 Rules and Regulations for PublMonthDeliveries from NTMWDOther SuppliesSales by CategoryAPPENDIX DNTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORTDue: March 31 of every yearWylieAlbert Garza(972) 516‐61512/11/2019201814,8064,889D-1 Authorized Consumption and Water LossTotal System Input Volume: 1,734.575Billed Metered: 1,408.235Billed Unmetered:Unbilled Metered:Unbilled Unmetered: 181.502Total Authorized Consumption: 1,589.737Water Losses: 144.838Total Loss Percent: 8.35%Goal for Total Loss Percent: 12.00%Per Capita Use (Gallons per person per day)Municipal Use (MG) 1,680Residential Use (MG)1,042.159Total Per Capita Use (gpcd) 107Municipal Per Capita Use (gpcd) 104Residential Per Capita Use (gpcd) 645‐year Per Capita Goal 11510‐year Per Capita Goal 115Recorded Wholesale Sales by Month (in Million Gallons):Sales to… Sales to… Sales to… Sales to… Sales to… Sales to… Sales to…Sales to…JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTOTALMonthTotal Wholesale SalesD-2 Information on Wholesale Customers:Unusual Circumstances (use additional sheets if necessary):Progress in Implementation of Conservation Plan (use additional sheets if necessary):CustomerEstimated Total PopulationThe 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):Assistance requested from North Texas Municipal Water District (use additional sheets if necessary):Other (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. Please continue to fund the Water IQ program.D-4 Residential CommercialPublic/ InstitutionalIndustrialMetered Irrigation Wholesale Other Total2004 9,031 27,093 1,275 0 763 210 43 59 0 0 3 1,0782005 10,570 31,710 1,601 0 972 263 73 87 0 0 28 1,4232006 11,052 33,156 1,636 0 1,019 198 57 118 0 0 34 1,4272007 11,147 33,441 1,356 0 821 166 55 83 0 0 10 1,1352008 11,760 35,280 1,574 0 1,071 220 78 68 0 0 10 1,4472009 11,551 34,653 1,476 0 965 201 52 51 0 0 3 1,2712010 12,846 38,538 1,604 0 1,120 257 57 75 0 0 5 1,5142011 13,020 39,060 1,818 0 1,276 279 75 74 0 0 18 1,7222012 12,998 38,994 1,644 0 1,114 231 76 73 0 0 8 1,5012013 13,093 39,279 1,551 0 1,081 235 55 61 0 0 10 1,4412014 13,284 39,852 1,391 0 862 191 37 56 0 0 18 1,1642015 13,681 41,043 1,709 0 1,038 247 36 54 0 0 5 1,3802016 14,182 42,546 1,767 0 982 267 50 53 0 0 10 1,3622017 14,382 43,146 1,668 0 990 241 38 60 0 0 5 1,3332018 14,806 44,418 1,735 0 1,042 267 44 49 0 0 6 1,408Other Supplies (MG)Metered Sales by Category (Million Gallons)Historical Water Use Data for WylieDeliveries from NTMWD (MG)ConnectionsYearEstimated PopulationD-5 YearEstimated PopulationIn‐City Municipal Use(MG)Per Capita Municipal Use(gpcd)Per Capita Residential Use(gpcd)Deliveries from NTMWD (MG)Other Supplies (MG)Wholesale Sales (MG)Billed Metered (MG)Billed Unmetered (MG)Unbilled Metered (MG)Unbilled Unmetered (MG)Water Losses(MG)% Water Loss2004 27,093 1,212 123 77 1,275 0 0 1,078 0 0 1 196 15.34%2005 31,710 1,485 128 84 1,601 0 0 1,423 0 14 28 136 8.48%2006 33,156 1,483 123 84 1,636 0 0 1,427 0 0 66 142 8.67%2007 33,441 1,263 103 67 1,356 0 0 1,135 0 0 36 185 13.66%2008 35,280 1,496 116 83 1,574 0 0 1,447 0 0 57 70 4.46%2009 34,653 1,422 112 76 1,476 0 0 1,271 0 0 76 128 8.67%2010 38,538 1,524 108 79 1,604 0 0 1,514 0 0 24 66 4.10%2011 39,060 1,727 121 89 1,818 0 0 1,722 0 0 26 70 3.86%2012 38,994 1,564 110 78 1,644 0 0 1,501 0 1 25 118 7.18%2013 39,279 1,479 103 75 1,551 0 0 1,441 0 1 18 91 5.86%2014 39,852 1,317 91 59 1,391 0 0 1,164 0 0 38 189 13.58%2015 41,043 1,650 110 69 1,709 0 0 1,380 0 0 56 272 15.93%2016 42,546 1,705 110 63 1,767 0 0 1,362 0 0 207 199 11.24%2017 43,146 1,604 102 63 1,668 0 0 1,333 0 0 191 144 8.63%2018 44,418 1,680 104 64 1,735 0 0 1,408 0 0 182 145 8.35%Historical Per Capita Use Data and Water Loss for WylieNote: In‐city municipal use = total water supplied less sales to industry, metered irrigation, wholesale sales and other sales.After 2017 ‐ Unaccounted Water has been removed and replaced with Water Losses (per TWDB definition). This category is inclusive of real and apparent losses. Categories for authorized consumption were also added; Unbilled metered replaced estimated fire use, unbilled unmetered replaced estimated line flushing, and a new category for billed unmetered sales was added.D-6 05,00010,00015,00020,00025,00030,00035,00040,00045,00050,000Estimated PopulationYearEstimated Historical Population 02004006008001,0001,2001,4001,6001,8002,000Historical Water Use in Million GallonsYearHistorical Water UseNTMWD SuppliesOther Supplies 02004006008001,0001,2001,4001,6001,8002,000Historical Water Sales in Million GallonsYearHistorical Water Sales by ClassificationResidentialCommercialPublic/ InstitutionalIndustrialMetered IrrigationWholesaleOther 020406080100120140Per Capita for Municipal Use in GPCDYearHistorical Per Capita for Municipal Use 0102030405060708090100Per Capita Residential Use in GPCDYearHistorcial Per Capita for Residential Use 0.00%2.00%4.00%6.00%8.00%10.00%12.00%14.00%16.00%18.00%Percent Water LossYearHistorical Percent Water Loss Water Conservation Plan Wylie, Texas APPENDIX E CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT REGULATIONS Water Conservation Plan Wylie, Texas E-1 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 Water Conservation Plan Wylie, Texas E-2 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; or 2) knowingly or recklessly operates or allows the operation of an irrigation system that does not comply with Subsection B.2. 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. 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: a. has broken or missing sprinkler head(s); or b. has not been properly maintained to prevent the waste of water. 2. A person commits an offense if the person knowingly or recklessly overseeds a lawn with rye or winter grass on property that the person owns, leases, or manages. Golf courses and public athletic fields are exempt from this restriction. Water Conservation Plan Wylie, Texas E-3 3. 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. Water Conservation Plan Wylie, Texas APPENDIX J TCEQ WATER CONSERVATION IMPLEMENTATION REPORT TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Water Availability Division -MC-160, P.O. Box 13087 Austin, Texas 78711-3087 Telephone (512) 239-4691, FAX (512) 239-2214 WATER CONSERVATION IMPLEMENTATION REPORT FORM AND SUMMARY OF UPDATES/REVISIONS TO WATER CONSERVATION PLAN (Texas Water Code §11.1271(b) and Title 30 Texas Administrative Code §288.30(1) to (4)) Please note, this form replaces the following forms: TCEQ-20645 (Non-Public Water Suppliers) and TCEQ- 20646 (Public Water Suppliers) This Form is applicable to the following entities: 1. Water Right Holders of 1,000 acre-feet or more for municipal, industrial, and other non-irrigation uses. 2. Water Right Holders of 10,000 acre-feet or more for irrigation uses. The above noted entities are required by rule to submit updates to their water conservation plan(s) and water conservation implementation report(s) every five years. The most current five- year submittal deadline is May 1st, 2019. See 30 Texas Administrative Code (TAC) §288.30(1) to (4). Entities must also submit any revisions to their water conservation plan within 90 days of adoption when the plans are revised in between the five-year submittal deadlines. This form may be used for the five-year submittal or when revisions are made to the water conservation plans in the interim periods between five-year submittals. Please complete the form as directed below. 1. Water Right Holder Name: 2. Water Right Permit or Certificate Nos. 3. Please Indicate by placing an ‘X’ next to all that Apply to your Entity: Water Right Holder of 1,000 acre-feet or more for non-irrigation uses ______Municipal Water Use by Public Water Supplier ______Wholesale Public Water Supplier ______Industrial Use ______Mining Use ______Agriculture Non-Irrigation Water Right Holder of 10,000 acre-feet or more for irrigation uses ______Individually-Operated Irrigation System ______Agricultural Water Suppliers Providing Water to More Than One User Water Conservation Implementation Reports/Annual Reports 4. Water Conservation Annual Reports for the previous five years were submitted to the Texas Water Development Board (TWDB) for each of the uses indicated above as required by 30 TAC §288.30(10)(C)? Yes____ No_____ TCEQ no longer requires submittal of the information contained in the detailed implementation report previously required in Forms TCEQ-20645 (Non-Public Water Suppliers) and TCEQ-20646 (Public Water Suppliers). However, the Entity must be up-to-date on its Annual Report Submittals to the TWDB. TCEQ-Form 20645 (revised 10/2018) 1 5. 6. 7. Water Conservation Plans For the five-year submittal (or for revisions between the five-year submittals), attach your updated or revised Water Conservation Plan for each of the uses indicated in Section 3, above. Every updated or revised water conservation plan submitted must contain each of the minimum requirements found in the TCEQ rules and must be duly adopted by the entity submitting the water conservation plan. Please include evidence that each water conservation plan submitted has been adopted. • Rules on minimum requirements for Water Conservation Plans can be found in 30 TAC 288. http://texreg.sos.state.tx.us/public/readtac%24ext.ViewTAC?tac_view=4&ti=30&pt =1&ch=288 • Forms which include the minimum requirements and other useful information are also available to assist you. Visit the TCEQ webpage for Water Conservation Plans and Reports. https://www.tceq.texas.gov/permitting/water_rights/wr_technical- resources/conserve.html Call 512-239-4691 or email to wcp@tceq.texas.gov for assistance with the requirements for your water conservation plan(s) and report(s). For each Water Conservation Plan submitted, state whether the five and ten -year targets for water savings and water loss were met in your previous water conservation plan. Yes_____ No______ If the targets were not met, please provide an explanation. For each five-year submittal, does each water conservation plan submitted contain updated five and ten-year targets for water savings and water loss? Yes______ No_______ If yes, please identify where in the water conservation plan the updated targets are located (page, section). TCEQ-Form 20645 (revised 10/2018) 2 8. In the box below (or in an attachment titled “Summary of Updates or Revisions to Water Conservation Plans), please identify any other revisions/updates made to each water conservation plan that is being updated or revised. Please specify the water conservation plan being updated and the location within the plan of the newly adopted updates or revisions. 9. Form Completed by (Point of Contact): (If different than name listed above, owner and contact may be different individual(s)/entities) Contact Person Title/Position: Contact Address: Contact Phone Number: Contact Email Address: Signature: ______________________________________ Date: _________________ TCEQ-Form 20645 (revised 10/2018) 3 Page 1 of 1 SUMMARY OF UPDATES OR REVISIONS TO WATER CONSERVATION PLAN CURRENT CONSERVATION PLAN NEW CONSERVATION PLAN DOCUMENT LOCATION Added definitions for Drip Irrigation, Irrigation System, Landscape and Retail Customers Page 2-1 – 2-2 Removed definitions for Executive Director, Institutional, Multi-Family Property and Reclaimed Water Page 2-1 – 2-2 Block Rate Structure Updated rate structure to match City’s current structure Page 6-4 Added maximum average toilet and urinal flow rates Page 7-1 Recommend water audit programs to customers Removed audit program references Page 7-4 Added information regarding an Industrial, Commercial and Institutional (ICI) efficiency study currently being performed by the Water District which will be used to develop a future program to reduce per unit or per capita ICI water use Page 7-4 Added recommendation of possible rebate for commercial clothes washers that use of high efficiency washers Page 7-5 Added City of Wylie enforcement actions to Section 8 Page 8-1 Page 1 of 1 SUMMARY OF UPDATES OR REVISIONS TO WATER RESOURCE EMERGENCY MANAGEMENT PLAN WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN COMPARISON CURRENT WREMP PLAN NEW WREMP PLAN DOCUMENT LOCATION Removed definition of Cool Season Grasses Page 2-1 Removed definition of ET/Smart Controllers Page 2-1 Added definition of Interactive Water Features Page 2-2 Renamed definition of Permanent Installed Irrigation System to Irrigation System Page 2-2 Added definition of Landscape Page 2-2 Removed the definition of Rain/Freeze Sensor Page 2-2 Removed definition of Reclaimed Water Page 2-2 Added definition of Retail Customers Page 2-2 Added definition of Supplier Page 2-3 Revised definition of Swimming Pool to be more inclusive of hot tubs and recreational bathing areas Page 2-3 Outlined a list of procedures for enforcement of Stages 1, 2 and 3 Removed the list provided by the NTMWD and allows for entities to determine their own penalties Page 4-14 STAGE 1 COMPARISON (CHANGES ONLY) CURRENT STAGE 1 NEW STAGE 1 DOCUMENT LOCATION NTMWD stage initiation when Lavon Lake level is less than 55 percent NTMWD stage initiation when Lavon Lake level is less than 70 percent April through October and less than 60 percent November through March Page 4-3 NTMWD stage initiation when concern of limited supply in Lake Texoma, East Fork Water Reuse Project, or some other NTMWD water source Added to the list Jim Chapman Lake and the Main Stem Pump Station Page 4-3 Added a provision that if only a portion of the system is impacted by supply shortage or damaged systems, the NTMWD can implement stage measures for just that portion Page 4-4 Page 2 of 3 CURRENT STAGE 1 NEW STAGE 1 DOCUMENT LOCATION Termination of Stage 1 when NTMWD terminates its Stage 1 condition or when circumstances that caused Stage 1 initiation no longer prevail. Added to this section that the Executive Director may terminate with the concurrence of the NTMWD Board of Directors, and termination may occur if Lavon Lake storage is greater than 75 percent (April through October) and 65 percent (November through March) of the conservation pool capacity Page 4-4 The goal for water use reduction is five percent The goal for water use reduction is two percent Page 4-4 Removed exemption previously established for ET/Smart and drip irrigation systems Page 4-6 Removed exemption for use of soaker hoses except for watering of foundations, new landscaping, new plantings and trees Page 4-6 Added a provision to allow watering without day restrictions for locations using alternative sources of water Page 4-6 STAGE 2 COMPARISON (CHANGES ONLY) CURRENT STAGE 2 NEW STAGE 2 DOCUMENT LOCATION NTMWD stage initiation when Lavon Lake level is less than 45 percent NTMWD stage initiation when Lavon Lake level is less than 55 percent April through October and less than 45 percent November through March Page 4-7 NTMWD stage initiation when concern of limited supply in Lake Texoma, East Fork Water Reuse Project, or some other NTMWD water source Added to the list Jim Chapman Lake and the Main Stem Pump Station Page 4-7 Added a provision that if only a portion of the system is impacted by supply shortage or damaged systems, the NTMWD can implement stage measures for just that portion Page 4-7 Termination of Stage 2 when NTMWD terminates its Stage 2 condition or when circumstances that caused Stage 2 initiation no longer prevail. Added to this section that the Executive Director may terminate with the concurrence of the NTMWD Board of Directors, and termination may occur if Lavon Lake storage is greater than 70 percent (April through October) and 60 percent (November through March) of the conservation pool capacity Page 4-8 Provision that new construction could be watered for 30 days as necessary Revised to allow for new Landscape watering for 30 days as necessary Page 4-9 Removed exemption previously established for ET/Smart and drip irrigation systems Page 4-9 Page 3 of 3 STAGE 3 COMPARISON (CHANGES ONLY) CURRENT STAGE 3 NEW STAGE 3 DOCUMENT LOCATION NTMWD stage initiation when Lavon Lake level is less than 35 percent NTMWD stage initiation when Lavon Lake level is less than 30 percent April through October and less than 20 percent November through March Page 4-10 NTMWD stage initiation when concern of limited supply in Lake Texoma, East Fork Water Reuse Project, or some other NTMWD water source Added to the list Jim Chapman Lake and the Main Stem Pump Station Page 4-10 Added a provision that if only a portion of the system is impacted by supply shortage or damaged systems, the NTMWD can implement stage measures for just that portion Page 4-10 Termination of Stage 2 when NTMWD terminates its Stage 2 condition or when circumstances that caused Stage 2 initiation no longer prevail. Added to this section that the Executive Director may terminate with the concurrence of the NTMWD Board of Directors, and termination may occur if Lavon Lake storage is greater than 55 percent (April through October) and 45 percent (November through March) of the conservation pool capacity Page 4-11 Added jacuzzis and hot tubs to list of prohibited new permitting Page 4-12 Added inflatable pools, temporary splash toys or pools, and slip-n-slides to interactive water features prohibitions Page 4-12 Wylie City Council AGENDA REPORT Page 1 of 1 Meeting Date: April 9, 2019 Item Number: 5 Department: Public Works (City Secretary’s Use Only) Prepared By: Tim Porter Account Code: Date Prepared: March 28, 2019 Exhibits: Ordinance, Plan Subject Tabled from 03-26-2019 Remove from table and consider Consider, and act upon, Ordinance No. 2019-10 repealing Ordinance No. 2014-16, codified as Division 2 (Water Resource and Emergency Management Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a new 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 Tabled from 03-26-2019 Remove from table and consider Motion to approve, Ordinance No. 2019-10 repealing Ordinance No. 2014-16, codified as Division 2 (Water Resource and Emergency Management Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a new 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 the Water Resource and Emergency Management Plan (WREMP) in April 2014. 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. During the preceding months, representatives of the member cities met with North Texas Municipal Water District (NTMWD) to discuss and revise the existing Water Resource and Emergency Management 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 shows substantive changes from the 2014 Water Resource and Emergency Management Plan: Page 2 of 3 WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN COMPARISON CURRENT WREMP PLAN NEW WREMP PLAN Removed “supplier/member city” language or commentary from the NTMWD Model Water Resource and Emergency Management Plan to better reflect an individual City of Wylie WREMP. The following tables present a comparison of substantive changes from the existing to the proposed Stage Plans: STAGE 1 COMPARISON (CHANGES ONLY) CURRENT STAGE 1 NEW STAGE 1 NTMWD stage initiation when Lavon Lake level is less than 55 percent NTMWD stage initiation when Lavon Lake level is less than 70 percent April through October and less than 60 percent November through March NTMWD stage initiation when concern of limited supply in Lake Texoma, East Fork Water Reuse Project, or some other NTMWD water source Added to the list Jim Chapman Lake and the Main Stem Pump Station Added a provision that if only a portion of the system is impacted by supply shortage or damaged systems, the NTMWD can implement stage measures for just that portion Termination of Stage 1 when NTMWD terminates its Stage 1 condition or when circumstances that caused Stage 1 initiation no longer prevail. Added to this section that the Executive Director may terminate with the concurrence of the NTMWD Board of Directors, and termination may occur if Lavon Lake storage is greater than 75 percent (April through October) and 65 percent (November through March) of the conservation pool capacity The goal for water use reduction is five percent The goal for water use reduction is two percent Removed exemption previously established for ET/Smart and drip irrigation systems Removed exemption for use of soaker hoses except for watering of foundations, new landscaping, new plantings and trees Added a provision to allow watering without day restrictions for locations using alternative sources of water STAGE 2 COMPARISON (CHANGES ONLY) CURRENT STAGE 2 NEW STAGE 2 NTMWD stage initiation when Lavon Lake level is less than 45 percent NTMWD stage initiation when Lavon Lake level is less than 55 percent April through October and less than 45 percent November through March Termination of Stage 2 when NTMWD terminates its Stage 2 condition or when circumstances that caused Stage 2 initiation no longer prevail. Added to this section that the Executive Director may terminate with the concurrence of the NTMWD Board of Directors, and termination may occur if Lavon Lake storage is greater than 70 percent (April through October) and 60 percent (November through March) of the conservation pool capacity Provision that new construction could be watered for 30 days as necessary Revised to allow for new Landscape watering for 30 days as necessary Removed exemption previously established for ET/Smart and drip irrigation systems Page 3 of 3 STAGE 3 COMPARISON (CHANGES ONLY) CURRENT STAGE 3 NEW STAGE 3 NTMWD stage initiation when Lavon Lake level is less than 35 percent NTMWD stage initiation when Lavon Lake level is less than 30 percent April through October and less than 20 percent November through March Termination of Stage 2 when NTMWD terminates its Stage 2 condition or when circumstances that caused Stage 2 initiation no longer prevail. Added to this section that the Executive Director may terminate with the concurrence of the NTMWD Board of Directors, and termination may occur if Lavon Lake storage is greater than 55 percent (April through October) and 45 percent (November through March) of the conservation pool capacity Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan Page 1 of 3 2691015 ORDINANCE NO. 2019-10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2014-16, CODIFIED AS DIVISION 2 (WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN) OF ARTICLE IV (WATER) OF CHAPTER 114 (UTILITIES) OF THE WYLIE CODE OF ORDINANCES AND ADOPTING A NEW 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. 2014-16 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 Water Resource and Emergency Management 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 Wyli e 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 Water Resource and Emergency Management Plan and adopt the new 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 determined that it would be advantageous and beneficial to the citizens of Wylie to repeal Ordinance No. 2014-16 in its entirety, to replace the existing Water Resource and Emergency Management Plan and to adopt the North Texas Municipal Water District (“NTMWD”) Model Water Resource and Emergency Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan Page 2 of 3 2691015 Management Plan, as modified for Wylie, as Wylie’s official policy for the conservation of water; and WHEREAS, the City Council has investigated and determined that the adoption of the new 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. 2014-16. Ordinance No. 2014-16, codified as Division 2 (Water Resource and Emergency Management 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. 2014-16 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. 2014- 16 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. Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan Page 3 of 3 2691015 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 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 Water Resource and Emergency Management Plan established by Ordinance No. 2014-16 shall continue to apply until such time as the water emergency response stage currently in effect under the Water Resource and Emergency Management 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 9 day of April 2019. _________________________________ Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ________________________________ Stephanie Storm, City Secretary Dates of Publication: April 17, 2019, Wylie News EXHIBIT A 2019 WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN CITY OF WYLIE APRIL 2019 Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan i TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES ..................................................................................... 1-1 2. DEFINITIONS AND ABBREVIATIONS ................................................................................... 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 Program for Continuing Public Education and Information ........................................... 4-1 4.3 Criteria for Initiation and Termination of Water Resource and Emergency Management Stages And Targets For Water Use Reductions .............................................................. 4-1 4.3.1 Stage 1 ...................................................................................................................... 4-3 4.3.2 Stage 2 ...................................................................................................................... 4-6 4.3.3 Stage 3 .................................................................................................................... 4-10 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......................... 4-14 4.7 Review and Update of Water Resource and Emergency Management Plan ............... 4-14 APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Drought Contingency Plans • Texas Administrative Code Title 30, Chapter 288, Section 288.20 – Drought Contingency Plans for Municipal Uses by Public Water Suppliers Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 1-1 1. INTRODUCTION AND OBJECTIVES The measures included in this Water Resource and Emergency Management Plan (WREMP) 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 document entitled Water Conservation Plan, City of Wylie. The purpose of this WREMP is as follows: • To conserve the available water supply in times of drought, water supply shortage, 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 North Texas Municipal Water District (NTMWD) supplies treated potable water to its Member Cities and Customers. . This WREMP calls for the City of Wylie to adopt Water Resource Management Stages initiated by NTMWD during a drought or water supply emergency. 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. NTMWD considers a drought to end when all of NTMWD’s supply reservoirs refill to conservation storage pool levels. 1 Superscripted numbers match references listed in Appendix A. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 2-1 2. DEFINITIONS AND ABBREVIATIONS 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 and league play sanctioned by the utility providing retail water supply. 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. CUSTOMERS include those entities to whom NTMWD provides wholesale water that are not Member Cities of NTMWD. 6. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is permitted to irrigate outdoors**. 7. 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. 8. DROUGHT, for the purposes of this report, 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. 9. EVAPOTRANSPIRATION (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. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 2-2 10. EXECUTIVE DIRECTOR means the Executive Director of the NTMWD and includes a person the Executive 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. 11. FOUNDATION WATERING means an application of water to the soils directly abutting (within 2 feet) the foundation of a building or structure . 12. INTERACTIVE WATER FEATURES means water sprays, dancing water jets, waterfalls, dumping buckets, shooting water cannons, inflatable pools, temporary splash toys or pools, slip-n-slides, or splash pads that are maintained for recreation. 13. IRRIGATION SYSTEM means a permanently installed, custom-made, site-specific system of delivering water generally for landscape irrigation via a system of pipes or other conduits installed below ground. 14. LANDSCAPE means any plant material on a property, including any tree, shrub, vine, herb, flower, succulent, ground cover, grass or turf species, that is growing or has been planted out of doors. 15. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royse City, and Wylie, Texas, which are members of NTMWD. 16. NEW LANDSCAPE means : (a) vegetation installed at the time of the construction of a residential or commercial facility; (b) installed as part of a governmental entity’s capital improvement project; or (c) installed to stabilize an area disturbed by construction. 17. ORNAMENTAL FOUNTAIN means an artificially created structure (up to a certain diameter) from which a jet, stream, or flow of treated water emanates and is not typically utilized for the preservation of aquatic life. 18. RETAIL CUSTOMERS include those customers to whom the City of Wylie provides retail water from a water meter. 19. 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. 20. SPRINKLER means an above-ground water distribution device that may be attached to a garden hose. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 2-3 21. SUPPLIER means a Member City or Customer that purchases wholesale water from NTMWD and provides water to retail and/or wholesale customers. 22. SWIMMING POOL means any structure, basin, chamber, or tank including hot tubs, containing an artificial body of water for swimming, diving, or recreational bathing, 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. Abbreviations Abbreviation Full Nomenclature ED NTMWD Executive Director NTMWD or District North Texas Municipal Water District TCEQ Texas Commission on Environmental Quality TWDB Texas Water Development Board Model WREMP Model Water Resource and Emergency Management Plan for Member Cities and Customers Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 3-1 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, Chapter 288, Section 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.”1 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) – Program 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) – Description of Information to be Monitored and Criteria for the 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 During Water Shortages – 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 • 288.20(a)(3) – Consultation with Wholesale Water Supplier – Sections 1 and 4.3 • 288.20(b) – TCEQ Notification of Implementation of Mandatory Measures – Section 4.3 • 288.20(c) – Review and Update of WREMP – Section 4.7 Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-1 4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN 4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT The City of Wylie will provide opportunity for public input in the development of this WREMP by the following means: • Providing written notice of the proposed WREMP and the opportunity to comment on the WREMP by newspaper, posted notice, and notice on the utility’s web site. • Making the draft WREMP available on the City’s web site. • Providing the draft WREMP to anyone that requests a copy. 4.2 PROGRAM FOR CONTINUING PUBLIC EDUCATION AND INFORMATION The City of Wylie 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 City’s web site. • Including information about the Water Resource and Emergency Management Plan on the City’s web site. • At any time that the Water Resource and Emergency Management Plan is activated or changes, the City of Wylie will notify local media of the issues, the Water Resource Management Stage (if applicable), and the specific actions required of the public as needed. The information will also be publicized on the City’s web site. Billing inserts will also be used as appropriate. 4.3 CRITERIA FOR INITIATION AND TERMINATION OF WATER RESOURCE AND EMERGENCY MANAGEMENT STAGES AND TARGETS FOR WATER USE REDUCTIONS Initiation of a Water Resource Management Stage The City Manager, Mayor, 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. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-2 • 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, Mayor, 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. The following actions will be taken when a water resource management stage is initiated: • The public will be notified through local media and the City’s web site as described in Section 4.2. • Wholesale customers (if any) and NTMWD will be notified by e-mail with a follow-up letter 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, the City of Wylie will notify the TCEQ Executive Director and the NTMWD Executive Director within 5 business days. Termination of a Water Resource Management Stage WREMP stages initiated by NTMWD may be terminated after NTMWD has terminated the stage. For WREMP stages initiated by the City, the City Manager, Mayor, 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: • The public will be notified through local media and the City’s web site (if available) as described in Section 4.2. • Wholesale customers (if any) and NTMWD will be notified by e-mail with a follow-up letter. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-3 • If any mandatory provisions of the Water Resource and Emergency Management Plan that have been activated are terminated, the City of Wylie will notify the TCEQ Executive Director and the NTMWD Executive Director within 5 business days. The City Manager, Mayor, 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. Water Resource and Emergency Management Plan Stages and Corresponding Measures 4.3.1 Stage 1 Initiation and Termination Conditions for Stage 1 NTMWD has initiated Stage 1, which may be initiated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 1. • Water demand is projected to approach the limit of NTMWD’s permitted supply. • The storage level in Lavon Lake as published by the Texas Water Development Board (TWDB),3 is less than 70 percent of the total conservation pool capacity during any of the months of April through October or less than 60 percent of the total conservation pool capacity during any of the months of November through March. • The Sabine River Authority (SRA) has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Stage 1 drought. • NTMWD has concern that Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse Project, the Main Stem Pump Station, or some other NTMWD water source may be limited in availability within the next six (6) months. • Water demand exceeds 95 percent of the amount that can be delivered by NTMWD to Customers for three (3) consecutive days. • Water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-4 • Supply source is interrupted or unavailable due to contamination, invasive species, equipment failure, or other cause. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Part of the system has a shortage in supply or damage to equipment. NTMWD may implement measures for only that portion of the NTMWD system impacted. City of Wylie has initiated Stage 1 due to one or more of the following reasons: • The City’s water demand exceeds 95 percent of the amount that can be delivered to customers for three consecutive days. • The City’s water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate. • Supply source becomes contaminated. • The City’s water system is unable to deliver water due to the failure or damage of major water system components. • The City’s individual plan may be implemented if other criteria dictate. NTMWD has terminated Stage 1, which may be terminated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the termination of Stage 1. • The storage level in Lavon Lake, as published by the TWDB,3 is greater than 75 percent of the total conservation pool capacity during any of the months of April through October or greater than 65 percent of the total conservation pool capacity during any of the months of November through March. • Other circumstances that caused NTMWD initiation of Stage 1 no longer prevail. The circumstances that caused the City’s 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 two percent (2%) reduction in the amount of water produced by NTMWD from the previous corresponding annual payment period prior to institution of Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-5 drought restrictions. If circumstances warrant, or if required by NTMWD, the City Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction under Stage 1. The City Manager, Mayor, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary, to achieve a two-percent reduction. Measures described as “requires notification to TCEQ” are those that impose mandatory requirements on customers. The City must notify TCEQ and NTMWD within five (5) business days if such mandatory measures are implemented. • Continue actions established by the Water Conservation Plan. • Notify any wholesale customers of actions being taken and request that they implement similar procedures. • Initiate engineering studies to evaluate alternative water sources and/or alternative delivery mechanisms 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 Landscape. • Encourage all users to reduce the frequency of draining and refilling swimming pools. Requires Notification to TCEQ – Increase enforcement of the following landscape watering restrictions established by the Water Conservation Plan: (1) limit landscape watering with sprinklers or irrigation systems at each service address to no more than two (2) days per week, on designated days, between April 1 and October 31; and (2) limit landscape watering with sprinklers or irrigation systems at each service address to once every week, on designated days, between November 1 and March 31. The watering days shall be on the customer’s trash day and three days thereafter per the following chart unless otherwise set by the City of Wylie. Trash Day Watering Days Monday Monday and Thursday Tuesday Tuesday and Friday Wednesday Wednesday and Saturday Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-6 Thursday Thursday and Sunday Friday Friday and Monday Exceptions are as follows: o An exception is allowed for New Landscape associated with new construction that may be watered as necessary for 30 days from the date of installation of new landscape features. o An exception for additional watering of landscape may be provided by hand-held hose with shutoff nozzle, and/or use of dedicated irrigation drip zones provided no runoff occurs. o Foundation (within 2 feet), New Landscape Watering, watering of new plantings (first year) of shrubs, and watering of trees (within a ten foot radius of its trunk) may occur by a hand-held hose, a soaker hose, or a dedicated zone using a Drip Irrigation system provided no runoff occurs. 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 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. • Requires Notification to TCEQ – Initiate a rate surcharge for all water use over a certain level. • Requires Notification to TCEQ – Parks, golf courses and Athletic Fields using potable water for landscape watering are required to meet the same reduction goals and measures outlined in this stage. Exception for golf course greens and tee boxes that may be hand-watered as needed. 4.3.2 Stage 2 Initiation and Termination Conditions for Stage 2 NTMWD has initiated Stage 2, which may be initiated due to one or more of the following: Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-7 • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 2. • Water demand is projected to approach the limit of NTMWD’s permitted supply. • The storage level in Lavon Lake, as published by the TWDB,3 is less than 55 percent of the total conservation pool capacity during any of the months of April through October or less than 45 percent of the total conservation pool capacity during any of the months of November through March. • SRA has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Stage 2 drought. • NTMWD has concern that Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse Project, the Main Stem Pump Station, or some other NTMWD water source may be limited in availability within the next three (3) months. • Water demand exceeds 98 percent of the amount that can be delivered to Customers for three (3) consecutive days. • Water demand for all or part of the delivery system equals delivery capacity, because delivery capacity is inadequate. • Supply source is interrupted or unavailable due to contamination, invasive species, equipment failure, or other cause. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Part of the system has a shortage in supply or damage to equipment. NTMWD may implement measures for only that portion of the system impacted. City of Wylie has initiated Stage 2 due to one or more of the following reasons: • The City’s water demand exceeds 98 percent of the amount that can be delivered to customers for three consecutive days. • The City’s water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Supply source becomes contaminated. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-8 • Supply source is interrupted or unavailable due to invasive species. • The City’s water supply system is unable to deliver water due to the failure or damage of major water system components. • The City’s individual plan may be implemented if other criteria dictate. NTMWD has terminated Stage 2, which may be terminated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the termination of Stage 2. • The storage level in Lavon Lake, as published by the TWDB,3 is greater than 70 percent of the total conservation pool capacity during any of the months of April through October or greater than 60 percent of the total conservation pool capacity during any of the months of November through March. • Other circumstances that caused the NTMWD’s initiation of Stage 2 no longer prevail. The circumstances that caused the City’s 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 corresponding annual payment period prior to the institution of drought restrictions. If circumstances warrant, or if required by NTMWD, the City Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction. The City Manager, Mayor, 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” are those that impose mandatory requirements on customers. The City must notify TCEQ and NTMWD within five (5) business days if such mandatory measures are implemented. • Continue or initiate any actions available under the Water Conservation Plan and Stage 1. • Notify any wholesale customers of actions being taken and request that they implement similar procedures. • Implement viable alternative water supply strategies. • Encourage all users to reduce the frequency of draining and refilling swimming pools. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-9 • 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 and October 31. Limit landscape watering with sprinklers or irrigation systems at each service address to once every other week on designated days between November 1 and March 31. Exceptions are as follows: o New Landscape may be watered as necessary for 30 days from the date of the installation of new landscape features. o Foundation Watering (within 2 feet), New Landscape Watering, watering of new plantings (first year) of shrubs, and watering of trees (within a ten foot radius of its trunk) may occur 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 Athletic Fields 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 to notify the public of alternative water source(s) being used. However, irrigation using alternative sources of supply is subject 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 Groundwater Conservation District is required. Alternative sources of water supply may not include imported treated water. o An exemption is allowed for Drip Irrigation systems from the designated outdoor water use day limited to no more than one day per week. 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 are 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 any wholesale customers. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-10 • Requires Notification to TCEQ – Parks and golf courses using potable water for landscape watering 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. 4.3.3 Stage 3 Initiation and Termination Conditions for Stage 3 NTMWD has initiated Stage 3, which may be initiated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 3. • Water demand is projected to approach or exceed the limit of the permitted supply. • The storage level in Lavon Lake, as published by the TWDB,3 is less than 30 percent of the total conservation pool capacity during any of the months of April through October or less than 20 percent of the total conservation pool capacity during any of the months of November through March. • SRA has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Stage 3 drought. • The water supply from Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse Project, Main Stem Pump Station, or some other NTMWD water source has become limited in availability. • Water demand exceeds the amount that can be delivered to Customers. • Water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Supply source is interrupted or unavailable due to contamination, invasive species, equipment failure or other cause. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Part of the system has a shortage in supply or damage to equipment. NTMWD may implement measures for only that portion of the system impacted. City of Wylie has initiated Stage 3 due to one or more of the following reasons: • The City’s water demand exceeds the amount that can be delivered to customers. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-11 • The City’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. • The City’s water supply system is unable to deliver water due to the failure or damage of major water system components. • The City’s individual plan may be implemented if other criteria dictate. NTMWD has terminated Stage 3, which may be terminated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the termination of Stage 3. • The storage level in Lavon Lake, as published by the TWDB,3 in Lavon Lake is greater than 55 percent of the total conservation pool capacity during any of the months of April through October or greater than 45 percent of the total conservation pool capacity during any of the months of November through March. • Other circumstances that caused the NTMWD’s initiation of Stage 3 no longer prevail. When other circumstances that caused the City’s 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 designated by NTMWD in the amount of water obtained from NTMWD from the corresponding previous annual payment period prior to institution of drought restrictions. If circumstances warrant or if required by NTMWD, the City Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction. The City Manager, Mayor, 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” are those that impose mandatory requirements on Member Cities and Customers. The City must notify TCEQ and NTMWD within five (5) business days if such mandatory measures are implemented. • Continue or initiate any actions available under the Water Conservation Plan and Stages 1 and 2. • Notify any wholesale customers of actions being taken and request them to implement similar procedures. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-12 • 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 Landscape. • Requires Notification to TCEQ – Prohibit all commercial and residential landscape watering, except that Foundation Watering (within 2 feet) and watering of trees (within a ten foot radius of its trunk) may occur for two hours one day per week with a hand-held hose or with a dedicated zone using a Drip Irrigation system and/or Soaker Hose, provided no runoff occurs. Drip Irrigation systems are not exempt from this requirement. • Requires Notification to TCEQ – Prohibit washing of vehicles except at a Commercial Vehicle Wash Facility. • 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 that 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/or refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs 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, wading pools, Jacuzzi, and hot tubs 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, inflatable pools, temporary splash toys or pools, slip-n-slides or splash pads that are maintained for recreation. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-13 • Requires Notification to TCEQ – Require all commercial water users to reduce water use by a percentage established by the City Manager, Mayor, 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 any wholesale customers. • Requires Notification to TCEQ – Initiate a rate surcharge over normal rates for all water use or for water use over a certain level. 4.4 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN The City Manager, Mayor, 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: • 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, Mayor, or official designee. All petitions for variances should be in writing and should include the following information: • Name and address of the petitioners. • Contact email address and/or telephone number. • Purpose of water use. • Specific provisions from which relief is requested. • Detailed statement of the adverse effect of the provision from which relief is requested. • Description of the relief requested. • Period of time for which the variance is sought. • Alternative measures that will be taken to reduce water use and the level of water use reduction. • Other pertinent information. Water Resource and Emergency Management Plan Wylie, Texas Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-14 4.5 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS Mandatory water use restrictions may be imposed in Stage 1, Stage 2 and Stage 3. 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. 4.6 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND NTMWD Letters will be sent to the Chairs of the Region C Water Planning Group and the Chairs of the North East Texas Water Planning Group in conjunction with this Water Resource and Emergency Management Plan. The City will send the final ordinance to NTMWD. 4.7 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN As required by TCEQ rules, the City of Wylie must review our Water Resource and Emergency Management plan every five years. The plan will be updated as appropriate based on new or updated information, such as the revision of the regional water plans. Water Resource and Emergency Management Plan Wylie, Texas APPENDIX A LIST OF REFERENCES Water Resource and Emergency Management Plan Wylie, Texas 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://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=30&pt=1&ch=288&sc h=B&rl=Y, July 2018. 2. Freese and Nichols, Inc.: 2019 Model Water Resource Management Plan for NTMWD Members Cities and Customers, prepared for the North Texas Municipal Water District, Fort Worth, February 2019. 3. Texas Water Development Board, Water Data for Texas, Lavon Lake, https://waterdatafortexas.org/reservoirs/individual/lavon. 4. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16, 2012. 5. Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http://saws.org/conservation/ordinance/docs/Ch34_Ordinance_2009.pdf. 6. Definition developed by Freese and Nichols, Inc. 7. Amy Vickers: Handbook of Water Use and Conservation, Amherst Massachusetts, June 2002. 8. 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. Water Resource and Emergency Management Plan Wylie, Texas APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS Water Resource and Emergency Management Plan Wylie, Texas B-1 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 Water Resource and Emergency Management Plan Wylie, Texas B-2 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. (J) 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 Water Resource and Emergency Management Plan Wylie, Texas B-3 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 Wylie City Council AGENDA REPORT Page 1 of 1 Meeting Date: April 9, 2019 Item Number: 6 Department: Finance (City Secretary’s Use Only) Prepared By: Finance Account Code: Various (Fund 100, 112, 611) Date Prepared: April 3, 2019 Exhibits: 2 Subject Consider, and act upon, Ordinance No. 2019-11 amending Ordinance No. 2018-24 (2018-2019 Budget) for proposed mid- year budget amendments for fiscal year 2018-2019. Recommendation Motion to approve Ordinance No. 2019-11 amending Ordinance No. 2018-24 (2018-2019 Budget) for proposed mid-year budget amendments for fiscal year 2018-2019. 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 in Exhibit A for the requested items which are located within the General Fund, 4B Sales Tax Revenue Fund, and Utility Fund. The requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. Salary savings from the first half of the fiscal year are included in the amendment. Due to the current City Manager’s retirement, a payout of accrued vacation and sick time is included as a mid-year amendment. This payout calculation is documented in the Employee Handbook as well as the City Manager’s employment contract. Also, included as a mid-year amendment is the reorganization of the City Manager’s office. Staff is requesting the addition of a second Assistant City Manager position. This position will be funded through the reorganization of the Development Services Department and movement of personnel in the Fire Department, which will generate enough savings to fund the position with no negative impact to the General Fund. Ordinance No. 2019-11 – City Council Budget Amendment FY 2018-2019 ORDINANCE NO. 2019-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2018-24, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2018-2019; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2018-24 setting forth the Budget for Fiscal Year 2018-2019 beginning October 1, 2018, and ending September 30, 2019; 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; see Exhibit A; 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 2018- 2019 Budget; see Exhibit A, 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 FY 2018-2019 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2018-24, are, completely adopted and approved as amendments to the said FY 2018-2019 Budget. SECTION II: All portions of the existing FY 2018-2019 Budget and Ordinance No. 2018- 24, 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. 2019-11 – City Council Budget Amendment FY 2018-2019 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 9th day of April, 2019. _____________________________________ Eric Hogue, Mayor ATTEST: ______________________________ Stephanie Storm, City Secretary FY 2019 Mid Year Adjustments EXHIBIT A Salary & Benefits Savings Pages 1-22 City Council -$ City Manager 4,913$ City Secretary (5,070)$ Changes in insurance coverage Finance 17,685$ Period of vacant position Facilities (292)$ Municipal Court (449)$ Human Resources 120$ Purchasing (273)$ Information Technology (20,233)$ Open position filled at higher salaries Police 54,330$ Period of vacant positions and changes in insurance coverage Fire 172,000$ Period of vacant positions Emergency Communications 12,490$ Changes in insurance coverage Animal Control 1,977$ Planning 4,104$ Building Inspections (8,290)$ Changes in insurance coverage Code Enforcement (574)$ Streets 14,333$ Changes in insurance coverage Parks 6,687$ Changes in insurance coverage Library 44,870$ Part time vacant positions and changes in insurance coverage 298,328$ FY 2019 Budget 1 City of Wylie FY 2019 Mid-Year Adjustments Fund/Account Account Desription Mid-Year Description Amount Additional Description Fund 100/Various Personnel Expenses Pay Plan Changes (4,564) City Manager Reorganization 100-5112-51110 Salaries Vacation and Sick Accrual payout at retirement 123,588 City Manager Retirement 100-5112-51310 TMRS TMRS for Vacation and Sick Accural payout 18,637 City Manager Retirement 100-5112-51450 Medicare Medicare for Vacation and Sick Accrual payout 1,792 City Manager Retirement 100-5181-56040 Special Services Unused Merit Budget for General Fund (42,824) Actual Merit Increase was less than 3% 100-4000-48410 Miscellaneous Income LEOSE Reimbursement (4,969) 100-4000-48410 Miscellaneous Income Ballistic Vest Reimbursement Allocation (5,940) 100-4000-48410 Miscellaneous Income SANE Exam Reimbursement (1,280) 100-4000-48440 Contributions and Donations Donation from Credit Union of Texas (4,550) Donation accepted by Council 100-5132-54910 Buildings HVAC unit replacement at Parks Building 15,355 100-5211-56210 Travel & Training LEOSE Reimbursement 4,066 Funded From Comptroller 100-5211-52710 Wearing Apparel & Uniform Ballistic Vest Reimbursement Allocation 5,940 Funded From Comptroller 100-5211-52250 Medical & Surgical SANE Exams 1,280 Funded From Comptroller 100-5211-52710 Wearing Apparel & Uniform Cancer Awareness Badges 4,550 Funded From Donation 100-5231-52630 Audio Visual Fire Department Trading Cards 3,890 Funded From Prior Year Night of Wonder Proceeds 100-5231-52710 Wearing Apparel and Uniforms Fire Department Uniforms and PPE 16,500 100-5241-56210 Travel & Training LEOSE Reimbursement 903 Funded From Comptroller 100-5551-56040 Special Services Allocation of Catholic Foundation Donation 5,779 Funded From Donation 100-5551-56040 Special Services Allocation of TSLAC Grant 10,000 Funded From Grant Proceeds Total General Fund 148,153 611-5712-56040 Special Services EPA UCMR4 Contaminant Sampling 4,500 611-5714-52130 Tools and Equipment Non Capital Confined Space Retrieval Equipment 7,000 611-5711-56570 Engineering/Architectural City Engineer 50,000 Total Utility Fund 61,500 112-5614-58510 Motor Vehicles 3/4 Ton Truck - Remove carry forward amount (29,000) Purchased at the end of FY 2017-2018 Total 4B Parks Fund (29,000) 2 BUDGET PROJECTED OTHER AMENDED 2018-2019 PERSONNEL SAVINGS AMENDMENTS 2018-2019 REVENUES: Ad Valorem Taxes 24,436,403 - - 24,436,403 Sales Taxes 5,229,000 - - 5,229,000 Franchise Fees 2,689,000 - - 2,689,000 Licenses & Permits 1,061,000 - - 1,061,000 Intergovernmental Revenues 1,252,972 - - 1,252,972 Service Fees 3,543,800 - - 3,543,800 Fines and Forfeitures 507,500 - - 507,500 Interest & Miscellaneous 202,500 - 16,739 219,239 Total Revenues 38,922,175 - 16,739 38,938,914 OTHER FINANCING SOURCES: Transfers from Other Funds 2,273,616 - - 2,273,616 Use of Fund Balance for Fire Station 2 Remodel 1,355,452 1,355,452 Use of Fund Balance for Carry-Forward Items 162,366 - - 162,366 Total Other Financing Sources 3,791,434 - - 3,791,434 Total Revenues & Other Financing Sources 42,713,608 - 16,739 42,730,348 EXPENDITURES: General Government City Council 91,874 - - 91,874 City Manager 990,943 4,913 229,273 1,215,303 City Secretary 359,805 (5,070) - 364,875 City Attorney 155,000 - - 155,000 Finance 1,200,440 17,685 - 1,182,755 Facilities 883,390 (292) 15,355 899,037 Municipal Court 568,860 (449) - 569,309 Human Resources 606,945 120 - 606,825 Purchasing 186,426 (273) - 186,699 Information Technology 1,404,458 (20,233) - 1,424,691 Public Safety Police 9,879,853 54,330 15,836 9,841,359 Fire 9,859,462 172,000 4,807 9,692,269 Emergency Communications 1,774,671 12,490 903 1,763,084 Animal Control 588,108 1,977 - 586,131 Development Services Planning 621,946 4,104 (74,237) 543,605 Building Inspections 569,530 (8,290) - 577,820 Code Enforcement 238,181 (574) - 238,755 Streets 3,435,290 14,333 - 3,420,957 Community Services - Parks 2,653,869 6,687 - 2,647,182 Library 2,130,774 44,870 15,779 2,101,683 Combined Services 4,513,782 - (42,824) 4,470,958 Total Expenditures 42,713,608 298,328 164,892 42,580,172 GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES 3 Estimated Cost (By Department) to Implement City Manager Reorganization May 1, 2019 - September 30, 2019 Debit Credit General Fund 100 5112 51110 Salaries 59,364.00$ 100 5112 51160 Cert. Incentive 750.00$ 100 5112 51170 Para. Incentive 1,041.00$ 100 5112 51210 Car Allowance 3,000.00$ 100 5112 51220 Phone Allowance 500.00$ 100 5112 51310 TMRS 9,674.00$ 100 5112 51410 Emp. Med & Dental 3,808.00$ 100 5112 51410 Dependent Ins 1,376.00$ 100 5112 51410 Life Ins 498.00$ 100 5112 51420 LTD 338.00$ 100 5112 51440 FICA 3,977.00$ 100 5112 51450 Medicare 930.00$ General Fund 100 5311 51110 Salaries 53,741.00$ 100 5311 51210 Car Allowance 1,500.00$ 100 5311 51220 Phone Allowance 500.00$ 100 5311 51230 Clothing Allowance -$ 100 5311 51310 TMRS 8,330.00$ 100 5311 51410 Emp. Med & Dental 3,808.00$ 100 5311 51410 Dependent Ins 1,376.00$ 100 5311 51410 Life Ins 451.00$ 100 5311 51420 LTD 306.00$ 100 5311 51440 FICA 3,424.00$ 100 5311 51450 Medicare 801.00$ General Fund 100 5231 51110 Salaries 8,175.00$ 100 5231 51160 Cert. Incentive 750.00$ 100 5231 51170 Para. Incentive 1,041.00$ 100 5231 51310 TMRS 1,503.00$ 100 5231 51410 Emp. Med & Dental -$ 100 5231 51410 Dependent Ins 3,239.00$ 100 5231 51410 Life Ins 68.00$ 100 5231 51420 LTD 46.00$ 100 5231 51440 FICA 617.00$ 100 5231 51450 Medicare 144.00$ -$ TOTAL GENERAL FUND 85,256.00$ 89,820.00$ TOTAL GENERAL FUND IMPACT (4,564.00)$ City Manager Planning Fire 4 Min Mid Max I Annual 74,666.55$ 91,466.55$ 108,266.55$ City Secretary Hourly 35.90$ 43.97$ 52.05$ II Annual 114,750.00$ 123,930.00$ 133,110.00$ Assistant Fire Chief Hourly 55.17$ 59.58$ 64.00$ Assistant Police Chief III Annual 98,253.54$ 120,360.00$ 142,466.46$ Development Services Director Hourly 47.24$ 57.87$ 68.49$ Library Director Human Resources Director IV Annual 110,043.72$ 134,803.20$ 159,562.68$ Finance Director Hourly 52.91$ 64.81$ 76.71$ Fire Chief Parks & Recreation Director Police Chief Public Works Director V Annual 132,052.26$ 161,763.84$ 191,475.42$ Assistant City Manager Hourly 63.49$ 77.77$ 92.06$ VI Annual 158,462.10$ 194,116.20$ 229,770.30$ City Manager Hourly 76.18$ 93.33$ 110.47$ Min Mid Max 114 Annual 74,583.42$ 91,364.46$ 108,145.50$ Assistant Finance Director Hourly 35.86$ 43.93$ 51.99$ Public Works Superintendent Min Mid Max 114 Annual 74,583.42$ 91,364.46$ 108,145.50$ Assistant Finance Director Hourly 35.86$ 43.93$ 51.99$ Planning Manager Public Works Superintendent PROPOSED CITY OF WYLIE EXECUTIVE PAY PLAN FY 2018-2019 EXECUTIVE PAY PLAN Grade Frequency Pay Range Positions CURRENT CITY OF WYLIE GENERAL PAY PLAN FY 2018-2019 GENERAL PAY PLAN Grade Frequency Pay Range Positions PROPOSED CITY OF WYLIE GENERAL PAY PLAN FY 2018-2019 GENERAL PAY PLAN Grade Frequency Pay Range Positions 5 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 1 OF 2 New Request:Yes New personnel?No Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: Staff is recommending the addition of a second Assistant City Manager position. AMOUNT TOTAL (4,564.00)$ ADDITIONAL COMMENTS: REQUEST:City Manager Reorganization DEPARTMENT:Various Salary Grade:N/A Change Level of current personnel? ACCOUNT NO.DESCRIPTION City Manager Reorganization Current staff will be promoted to the two Assistant City Manager positions and their current departments will be reorganized with promotions from within the departments. No new staff will be hired. Various Accounts and Departments 6 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 2 OF 2 New Request:Yes New personnel?No Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5112 123,588 100 5112 18,637 100 5112 1,792 100 5181 (42,824) TOTAL 101,193 ADDITIONAL COMMENTS: REQUEST:City Manager Retirement Vacation and Sick Payout DEPARTMENT:City Manager Salary Grade:N/A Change Level of current personnel? Per the Employee Handbook, upon retirement an employee will be paid for all accrued vacation time, up to the maximum number of hours allowed for payout, at the employee's rate of pay at time of separation. The maximum allowed vacation payout for 15+ years of service for an 8 hour shift is 480 hours. At retirement, employees with 20 years of service exclusively with the City of Wylie are eligible for pay out of unused, accrued sick leave up to and including 720 hours. Current vacation and sick accrual hours for the retiring City Manager are more than the maximum payout of 480 vacation and 720 sick hours, so the payout is capped at the maximum allowed. ACCOUNT NO.DESCRIPTION 51110 Vacation and Sick Accrual payout at retirement 51310 TMRS for Vacation and Sick Accrual payout 51450 Medicare for Vacation and Sick Accrual payout 56040 Unused Merit Budget for General Fund 7 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 1 OF 1 New Request:Yes New personnel?No Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5132 15,355 TOTAL 15,355 ADDITIONAL COMMENTS: Change Level of current personnel? Replace a HVAC unit for Parks Building. The unit is around $13,000 with an additional $2,000 in electrical repairs. ACCOUNT NO.DESCRIPTION 54910 HVAC Unit for Parks Building REQUEST:HVAC Unit for Parks Building DEPARTMENT:Facilities Salary Grade:N/A 8 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 1 OF 4 New Request:Yes New personnel?No Funds already expensed?Yes From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5211 5,940 100 4000 (5,940) TOTAL 0 ADDITIONAL COMMENTS: REQUEST:BALLISTIC VEST REIMBURSEMENT DEPARTMENT:POLICE Salary Grade:N/A Change Level of current personnel? Allocation of funds to the Wylie Police Department Wearing Apparel & Uniform Account #100-5211-52710 reimbursed for the purchase of ballistic vests through the Ballistic Vest Program. ACCOUNT NO.DESCRIPTION 52710 Ballistic Vests The Wylie Police Department participates in the BPV program, where the department is responsible for the upfront costs associated with purchasing ballistic duty vests for officers. Half of the expenses spent by the department are then reimbursed back to the department. 48410 Reimbursement check for purchased ballistic vests 9 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 2 OF 4 New Request:Yes New personnel?No Funds already expensed?Yes From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5211 4,066 100 5241 903 100 4000 (4,969) TOTAL 0 ADDITIONAL COMMENTS: REQUEST:LEOSE REIMBURSEMENT DEPARTMENT:POLICE Salary Grade:N/A Change Level of current personnel? Reallocation of reimbursed funds to the Travel & Training Accounts for both the Wylie Police Department and Wylie Fire & Rescue Telecommunicator for an annual allocation payment from Law Enforcement Officer Standards and Education. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code, which includes police officers and telecommunicators. By law these funds must be used for the continuing education of persons licensed under Chapter 1701, Occupations Code. The total amount of funds were averaged out over all the sworn officers and telecommunicators as of January 1, 2017 and funds were then divided between both PD and FD. The total funds allocated are $4,968.94 ACCOUNT NO.DESCRIPTION 56210 LEOSE Reimbursement The reimbursement check is determined by the revenue received from citations to the State of Texas. 56210 LEOSE Reimbursement 48410 LEOSE Reimbursement 10 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 3 OF 4 New Request:Yes New personnel?No Funds already expensed?Yes From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5211 1,280 100 4000 (1,280) TOTAL 0 ADDITIONAL COMMENTS: REQUEST:SANE EXAMS REIMBURSEMENT DEPARTMENT:POLICE Salary Grade:N/A Change Level of current personnel? Allocation of reimbursed funds to the Wylie Police Department Medical & Surgical Account #100-5211-52250 for Sane Exams expenses. ACCOUNT NO.DESCRIPTION 52250 Sane Exams The Wylie Police Department is responsible for the upfront expenses of Sane Exams conducted for Wylie PD cases. The expenses are then reimbursed by the state. 48410 Sane Exams Reimbursement 11 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 4 OF 4 New Request:Yes New personnel?No Funds already expensed?Yes From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 4000 (4,550) 100 5211 4,550 TOTAL 0 ADDITIONAL COMMENTS: 52710 Cancer Awareness Badges Change Level of current personnel? Donation was received from Credit Union of Texas to purchase Cancer Awareness Badges for Police Officers to wear in October. The donation was accepted by City Council. ACCOUNT NO.DESCRIPTION 48440 Donation from Texas Credit Union REQUEST:Cancer Awareness Badges DEPARTMENT:POLICE Salary Grade:N/A 12 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 1 OF 2 New Request:Yes New personnel?No Funds already expensed?Yes From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5231 3,890 TOTAL 3,890 ADDITIONAL COMMENTS: REQUEST:Fire Department Trading Cards DEPARTMENT:Fire Salary Grade: Change Level of current personnel? The Night of Wonder Magic Show proceeds were donated to the fire department for the purpose of purchasing trading cards. The trading cards have been purchased by the fire department. The revenue from the Night of Wonder Magic Show was recognized in fiscal year 2017-2018, but not spent until the current Fiscal Year. ACCOUNT NO.DESCRIPTION 52630 Fire Department Trading Cards 13 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 2 OF 2 New Request:Yes New personnel?No Funds already expensed?From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5231 16,500 TOTAL 16,500 ADDITIONAL COMMENTS: REQUEST:Fire Department Uniforms and PPE DEPARTMENT:Fire Salary Grade: Change Level of current personnel? Due to reorganization, this request is for fire department uniforms and personal protective equipment due to five promotions and hiring a new firefighter that were not anticipated during last year's budget process. ACCOUNT NO.DESCRIPTION 52710 Fire Department Uniforms and PPE 14 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 1 OF 2 New Request:Yes New personnel?NO Funds already expensed?NO From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5551 5,779 TOTAL 5,779 ADDITIONAL COMMENTS: REQUEST:Catholic Foundation Donation DEPARTMENT:Library Salary Grade: Change Level of current personnel? The library receives a donation from the Catholic Foundation setup through Rita and Truett Smith estate. It is used to enhance library service. ACCOUNT NO.DESCRIPTION 56040 Catholic Foundation: Rita and Truett Smith The donation was included in the Fiscal Year 2018-19 Budget. 15 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 2 OF 2 New Request:Yes New personnel?No Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 100 5551 10,000 TOTAL 10,000 ADDITIONAL COMMENTS: REQUEST:Impact Grant Through TSLAC - STEAM Kits DEPARTMENT:Library Salary Grade: Change Level of current personnel? The library received a $10,000 Impact Grant through the Texas State Library and Archives Commission. The library has purchased STEAM Kits (Science Technology Engineering Art and Math). The library has been reimbursed by TSLAC. ACCOUNT NO.DESCRIPTION 56040 Impact Grant through TSLAC - STEAM Kits The grant revenue was included in the Fiscal Year 2018-19 Budget. 16 BUDGET PROJECTED OTHER AMENDED2018-2019 PERSONNEL SAVINGS AMENDMENTS 2018-2019 REVENUES: Service Fees 19,073,340 - - 19,073,340 Interest & Miscellaneous 57,500 - - 57,500 Total Revenues 19,130,840 - - 19,130,840 OTHER FINANCING SOURCES: Use of Fund Balance for Carry-Forward Items 409,790 - - 409,790 Use of Fund Balance for Fleet & Equipment 1,506,050 - - 1,506,050 Total Other Financing Sources 1,915,840 - - 1,915,840 Total Revenues & Transfer in 21,046,680 - - 21,046,680 EXPENDITURES: Utilities Utility Administration 911,425 - 50,000 961,425 Utility - Water 3,372,578 - 4,500 3,377,078 Utility - Sewer 1,474,277 - 7,000 1,481,277 Utility Billing 558,981 - - 558,981 Combined Services 14,585,170 - - 14,585,170 Total Expenditures 20,902,431 - 61,500 20,963,931 UTILITY FUND STATEMENT OF REVENUES AND EXPENDITURES 17 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 1 OF 3 New Request:Yes New personnel?N/A Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 611 5712 4,500 TOTAL 4,500 ADDITIONAL COMMENTS: REQUEST:EPA UCMR4 Contaminant Sampling DEPARTMENT:Public Works-Water Salary Grade: Change Level of current personnel? The 1996 Safe Drinking Water Act (SDWA) amendments require that once every five (5) years the U.S. Environmental Protection Agency (EPA) issues a new list of no more than 30 unregulated contaminants to be monitored by public water systems (PWSs). The Unregulated Contaminant Monitoring Rule (UMCR) provides EPA and other interested parties with scientifically valid data (Occurrence data) to support the EPA Administrator's determination of whether to regulate particular contaminants in the interest of protecting public health. Monitoring for the UMCR4 (4th Monitoring Rule) is scheduled to occur from 2018-2020; which includes monitoring of the following contaminants: 10 cyanotoxins, 2 metal, 8 pesticides, 1 pesticide manufacturing byproducts, 3 brominated haloacetic acid disinfecting byproducts groups, 3 alcohols, and 3 semi-volatile organic chemicals. The Unregulated Contaminant Monitoring Rule 4 for PWSs is required and unfunded by EPA. ACCOUNT NO.DESCRIPTION 56040 EPA UCMR4 Contaminant Sampling $4,500 of the anticipated $21,000 for this monitoring is being requested at this time for the remainder of the FY18-19 budget year. The remaining portion will be requested in the department's FY19-20 budget requests. 18 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 2 OF 3 New Request:Yes New personnel?N/A Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 611 5714 7,000 TOTAL 7,000 ADDITIONAL COMMENTS: REQUEST:Confined Space Retrieval Equipment DEPARTMENT:Public Works-WW Salary Grade: Change Level of current personnel? Confined space retrieval equipment (e.g. tripod, harnesses, etc.) is utilized by the Public Works Department to perform maintenance/repairs in meter vaults, wastewater collection manholes and storm drainage infrastructure. The current confined space retrieval equipment is 24 years old and is not reliable. Also, it is more cost efficient to purchase new confined space equipment than to replace parts. For safety reasons, it is essential that this piece of equipment is dependable when personnel enter a confined space. ACCOUNT NO.DESCRIPTION 52130 Confined Space Retrieval Equipment 19 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 3 OF 3 New Request:Yes New personnel?N/A Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 611 5711 50,000 TOTAL 50,000 ADDITIONAL COMMENTS: REQUEST:City Engineering Services DEPARTMENT:Public Works-Admin Salary Grade: Change Level of current personnel? In order to follow the City Charter, the City Council must hire an individual or firm to fill the position as City Engineer. Currently we have a Project Engineer that has been fulfilling a portion of the duties of the City Engineer position, but needs assistance for more time consuming tasks or engineering services outside of the Project Manager's body of knowledge. The anticipated budget below is calculated to get the City through the remainder of the FY18-19 budget year. An RFQ for the firm has been released and responses returned. Once a firm is chosen, it is anticipated that the scope of work for this budget year would only extend a maximum of 5 months. ACCOUNT NO.DESCRIPTION 56570 City Engineering Services Amount calculated at $10,000 per month for 5 months. 20 BUDGET PROJECTED OTHER AMENDED 2018-2019 PERSONNEL SAVINGS AMENDMENTS 2018-2019 REVENUES: Sales Taxes 2,600,000 - - 2,600,000 Service Fees 708,000 - - 708,000 Interest & Miscellaneous 23,300 - - 23,300 Total Revenues 3,331,300 - - 3,331,300 OTHER FINANCING SOURCES: Use of Fund Balance for Carry-Forward Items 220,552 - - 220,552 Use of Fund Balance for Fleet & Equipment 366,650 - - 366,650 Total Other Financing Sources 587,202 - - 587,202 Total Revenues & Transfer in 3,918,502 - - 3,918,502 EXPENDITURES: 4B Brown House 228,998 - - 228,998 Senior Activities 694,387 - - 694,387 Parks 573,766 - (29,000) 544,766 Recreation Center 1,986,258 - - 1,986,258 Stonehaven House 5,500 - - 5,500 Combined Services 392,984 - - 392,984 Total Expenditures 3,881,893 - (29,000) 3,852,893 4B FUND STATEMENT OF REVENUES AND EXPENDITURES 21 REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2019 RANK 1 OF 1 New Request:Yes New personnel?N/A Funds already expensed?No From: To: PURPOSE/OBJECTIVE OF REQUEST: AMOUNT 112 5614 (29,000) TOTAL (29,000) ADDITIONAL COMMENTS: REQUEST:Remove Carry Forward for 3/4 Ton Truck DEPARTMENT:4B Parks Salary Grade: Change Level of current personnel? A 3/4 Ton Truck to replace #265 was included as a carry forward in the Fiscal Year 2018-19 Budget. The truck was able to be purchased at the end of the Fiscal Year 2017-18. The request is to remove the carry forward amount from the 4B Parks budget. There was $2,500 for accessories that will remain in the FY 2018-19 as a carry forward item. ACCOUNT NO.DESCRIPTION 58510 Remove Carry Forward for 3/4 Ton Truck 22 Wylie City Council AGENDA REPORT Page 1 of 1 Meeting Date: April 9, 2019 Item Number: Work Session 1 Department: Public Works (City Secretary’s Use Only) Prepared By: Tim Porter Account Code: N/A Date Prepared: April 1, 2019 Exhibits: Presentation Subject Discuss and provide direction on the use of roundabouts as an acceptable means of traffic control at intersections within the City of Wylie. Recommendation Discussion On October 9, 2018, City Council awarded a professional services contract to Freese & Nichols, Inc. to provide engineering and design services for the widening of FM 544 from Alfred Drive to Vinson Road. At the southern limit of the project lies a wye intersection of FM 544, County Line Road and Vinson Road. Currently the intersection is controlled by a three-way stop condition. With the widening project, one option that Freese and Nichols, Inc. and City staff are discussing for the proposed intersection is a roundabout. Used in the correct application, roundabouts have many benefits over signalized intersections. Roundabouts improve safety due to slower travel speeds and one-way travel. Another benefit is reduced delay and improved traffic flow since traffic is not required to stop at the intersection. Roundabouts are also less expensive than signalized intersections when long term maintenance costs are considered. This Work Session is designed to provide the City Council with information related to the roundabout option. City staff is asking the City Council for input on using roundabouts as an acceptable means of traffic control in the City of Wylie. Modern Roundabouts GROWING INTEREST ACROSS THE UNITED STATES 1995 2005 2000 2013 2010 KEY HIGHLIGHTS: f Estimated total of approximately 3,200 roundabouts in the U.S. through 2013, with 2,300 conﬁrmed. f Roundabouts are now found in all 50 states. Presented by: Lee Rodegerdts, PE GROWTH GROWING INTEREST IN AMERICA GROWTH THERE WERE 10,341 ROUNDABOUTS IN THE US BASED ON JANUARY 2017 STUDY WHAT IS NOT A MODERN ROUNDABOUT ROTARY NEIGHBORHOOD TRAFFIC CIRCLE TRAFFIC CIRCLE WHAT IS A MODERN ROUNDABOUT •YIELD CONTROL ON ENTRY •CIRCULATING TRAFFIC HAS RIGHT-OF-WAY •SLOW; CONSISTENT SPEEDS •NO WEAVING WITHIN CIRCLE FHWA RESEARCH TRAFFIC CAPACITY 33|Page percentageofleftturnsononeapproachcontributestotheconflictingtrafficfacingother entries,capacitydecreasesasthepercentageofleftturnsincreases. Figure31:Planningleveldailyintersectionvolumes(Source:NCHRP672) NCHRP672intendsthisgraphtoactasa?simple,conservativemethodforestimating roundaboutlanerequirements.CTrafficconditionsshouldmeetthefollowing requirementsforthismethodtobeused: Ratioofpeakhourtodailytraffic(K)of0.09to0.10; Directiondistributionoftraffic(D)of0.52to0.58; Ratioofminorstreettototalenteringtrafficof0.33to0.50; Volumetocapacityratioof0.85to1.00. Moredetailedanalysis(discussedlaterinthissection)isrequiredforconditionsoutside theboundarieslisted.ThethresholdsinFigure31weredeterminedusingvarious combinationsofthesevalues.Notethateventhoughaparticularscenariofallsintothe rangewhere?additionalanalysisisneeded,Cthatdoesnotnecessarilymeanaroundabout wouldnotfunctionwellbutthatitisimportanttolookcloserattheactualdesigned turningmovementvolumes. Ifexistingand/orprojectedturningmovementdataisknown,abetterestimateofthe necessarylaneconfigurationcanbemade.Intheeventthatfutureprojectionsofturning movementsarenotavailable,anestimationoffutureturningmovementsusingthe currentturningmovementsispotentiallysufficientforappropriateuseofthisplanning method. Theamountofvehiclesonthecirculatoryroadway(conflictingtraffic)directlyaffects capacity.Themoretrafficthatcrossesthepathofavehiclewaitingtoenteraroundabout, thelesstheopportunityforthatvehicletoenterthecirculatoryroadway,whichresultsinAverage Daily Trafﬁc Before Construction After Construction FHWA RESEARCH PUBLIC OPINION SAFETY ROUNDABOUT/SIGNAL COMPARISON 32 CONFLICT POINTS CONVENTIONAL INTERSECTION SAFETY ROUNDABOUT/SIGNAL COMPARISON 8 CONFLICT POINTS (NO HEAD-ON OR BROAD SIDE ACCIDENTS) MODERN ROUNDABOUT SaferRoundabouts are safer than other intersections because severe head-on and left-turn crashes do not occur. Other safety benefits include slower speeds and the fact that drivers only look in one direction to see oncoming traffic. Roundabouts have been proven to reduce overall accident rates by approximately 30-40%. Personal injury and fatal collisions have been reduced by over 75-90%. In addition, studies have shown that fewer accidents involving pedestrian and bicyclist occur at roundabouts as compared to signalized intersections. EfficientRoundabouts reduce delay by allowing motorists to yield rather than stop at a red light. They can also handle higher traffic volumes, which helps vehicles get through quicker. Economical Reducing driver delay saves time and fuel. Eliminating signals also saves approximately $3,000 to $5,000 per year in maintenance and energy. Green Roundabouts reduce fuel consumption and vehicle pollution because vehicles are not idling at a red light. The center island of a roundabout provides an opportunity to beautify the location with landscaping. Flowers, trees, or even simple green space can be placed in the center of a roundabout, making the intersection aesthetically pleasing. BENEFITS Roundabouts are becoming more common in Texas due to their many benefits. 89% 76% 35% FATAL INJURY ALL Accident reduction at roundabouts Myth: Roundabouts and traffic circles/rotaries are the same thing. Fact: Traffic circles have high-speed entries, variable yield rules, low capacity, and many high-speed crashes. They are dangerous and confusing to drive. Roundabouts require motorists to yield on entry, speeds are low, capacity is high, and crashes are few and minor. They are easy and comfortable to drive. Myth: Roundabouts are not pedestrian and bicyclist friendly. Fact: There are statistically fewer pedestrian and bicycle crashes at roundabouts than at signalized intersections. Drivers are required to yield to pedestrians in the crosswalks, while refuge islands provide a space for pedestrians in the middle of each crossing so pedestrians only need to cross one direction of traffic at a time. Roundabout Myths vs. Facts How to get around Observe all standard road rules, including yielding for pedestrians in crosswalks. To safely and efficiently drive a roundabout: • Slow down. • Read advance signing and choose the correct lane. • Yield to traffic in all lanes on your left before entering. • Stay in your lane to your exit. Yield The “Golden Rule” of driving roundabouts. When you enter the roundabout, you must yield to circulating traffic. Yield means the other drivers in the circle have the right of way. A motorist approaching a roundabout should wait for a safe gap in traffic before entering. ALWAYS YIELD TO ALL CIRCULATING TRAF F I C When you enter the roundabout you must yield to circulating traffic. Drivers in the circle have the right-of-way. An approaching motorist has to wait for a safe gap in the flow of traffic before entering. YIELD The “Golden Rule” of roundabouts. How to Drive Through a R o u n d a b o u t Enter only when there is a safe gap in traffic. Yield to all traffic coming from the left. The entering driver (red) is at fault due to failure to y i e l d t o the circulating vehicle (green). The driver in the inside lane of the roundabou t can either exit or con t i n u e circulating. Entering v e h i c l e s must yield to all tra ffic coming from the left. Circulating traffic has the right of way. Continue to your exit and do not stop within the roundabout. Stopped/At Fault Yielding Circulating KEY Drivers must yield to pedestrians and bicyclists using the crosswalks. Transportation and Pub l i c W o r k s D e p a r t m e n t 1000 Throckmorton St. Fort Worth, TX 76102 Tel: 817-392-7738 TTY: 817-884-2313 www.fortworthtexas.go v / r o u n d a b o u t s www.fortworthtexas.gov / t p w Always obey the signs and markings As you get closer to the roundabout entrance, it is very important to observe the signs and arrows to determine which lane to use before entering a roundabout. Signs above the road and white arrows on the road will show the correct lane to use. Driving a Roundabout Turn by Turn `Observe all standard road rules, including yielding for pedestrians in crosswalks. `To safely and efficiently drive a roundabout: Yield to all traffic in the roundabout.Roundabout traffic travels one-way.Roundabout ahead, slow down. Guide signs near the entry to a roundabout show lane designations. • Slow down. • Read advance signing and choose correct lane. • Yield to traffic in all lanes on your left before entering. • Stay in your lane to your exit. Sample Turning Movements Right Turn / Continue Straight Continue Straight / Left Turn / U-turn The City of Fort WorthTransportation and Public Works Department1000 Throckmorton St.Fort Worth, TX 76102Tel: 817-392-7738 TTY: 817-884-2313 www.fortworthtexas.gov/roundaboutswww.fortworthtexas.gov/tpw Transportation and Public Works Department EDUCATION TOOLS FOR EDUCATING THE PUBLIC Roundabouts— Another Safe Intersection An Educational Acti v i t y B o o k www.youtube.com/watch?v=uhHzly_6lWM EDUCATION FHWA VIDEO EDUCATION TOOLS FOR EDUCATING THE PUBLIC EDUCATION 3D MODELS & RENDERING ONLY YIELDYIELDYIELD YI ELDYI ELDYI ELDYIELD YIELDYIELDYIELD ONLYN HENDERSON INTERSECTION FORT WORTH, TEXAS TRINITY RIVER VISION FILE NAME :P:\2011\11909 Henderson St @ White Settlement Rd, Fortworth, TX\Micros\Submittal Package\Hend White Settle Roundabout Parameters 1.1.1.dgn PLOT DATE :3/30/2011 PLOT SCALE : 50.0000 sf / in. DATE PROJECT No. FIGURE No.SCALE Ourston Roundabout Engineering 3/30/2011 1"= 50 11-909 www.OURSTON.com 1.1.1 WHITE SETTLEMENT ROAD ENTRY CURVATURE - FASTEST PATHS R5: 81’ = 19 mph R1: 327’ = 33 mph R5: 166’ = 25 mph R1: 345’ = 33 mph R5: 126’ = 23 mph R1: 214’ = 28 mph R5: 87’ = 20 mph R1: 247’ = 29 mph R2: 185’ = 26 mph R2: 423’ = 35 mph R2: 224’ = 28 mph R2: 128’ = 23 mphR4: 65’ = 18 mph R4: 71’ = 19 mph Roundabout Ourston Engineering Roundabout Ourston EngineeringHE N DE RS O N ST REET W B-67AASHTO 2004 (US) WB-67 AASHTO 2004 (US)WB-67AASHTO 2 0 04 (US) WB-67AASHTO 2004 (US) WB-67AASHTO 2004 (US)WB-67AASHTO 2004 (US)WB-67AASHTO 2004 (US)WB-67AASHTO 2004 (US)ONLY YIELDYIELDYIELD YI ELDYI ELDYIELDYIELD YIELDYIELDYIELD ONLYN HENDERSON INTERSECTION FORT WORTH, TEXAS TRINITY RIVER VISION FILE NAME :P:\2011\11909 Henderson St @ White Settlement Rd, Fortworth, TX\Micros\Submittal Package\Hend White Settle Roundabout Parameters 1.1.5.dgn PLOT DATE :3/30/2011 PLOT SCALE : 50.0000 sf / in. DATE PROJECT No. FIGURE No.SCALE Ourston Roundabout Engineering 3/30/2011 1"= 50 11-909 www.OURSTON.com 1.1.5 WHITE SETTLEMENT ROAD DESIGN VEHICLE - WB 67 H E N DE RS O N ST REET System Oper a t i o n M a n a g e m e n t Texas Transp o r t a t i o n I n s t i t u t e The Texas A& M U n i v e r s i t y S y s t e m 110 North Da v i s , S u i t e 1 0 1 Arlington, TX 7 6 0 1 3 817-277-5503 Metro: 817-261-1661 Fax: 817-461-1239 http://tti.tamu. e d u August 26, 2011 M E M O R A N D U M TO: Roy Parikh, P . E . Texas Depar t m e n t o f T r a n s p o r t a t i o n – Fort Worth Scot Smith, P . E . Texas Depart m e n t o f T r a n s p o r t a t i o n – Fort Worth FROM: Yatin Rathod , P . E . Texas Trans p o r t a t i o n I n s t i t u t e Scott Cooner , P.E. Texas Transp o r t a t i o n I n s t i t u t e SUBJECT: Evaluation of P r o p o s e d M o d e r n R o u n d a b o u t a t H e n d e r s o n A v e n u e / W h i t e S e t t l e m e n t Road BACKGRO U N D The Texas Tr a n s p o r t a t i o n I n s t i t u t e ( T T I ) a t t h e r e q u e s t o f t h e F o r t W o r t h D i s t r i c t o f t h e T e x a s Department of Transp o r t a t i o n ( TxDOT) performed a s t u d y t o evaluate the propose d modern roundabout i n t e r s e c t i o n a t H e n d e r s o n A v e n u e a n d W h i t e S e t t l e m e n t R o a d a n d t o c o m p a r e t h e proposed modern roundabout i n t e r s e c t i o n w i t h a traditional si g n a l i z e d i n t e r s e c t i o n design. The proposed rou n d a b o u t a t t h i s i n t e r s e c t i o n i s a p a r t o f t h e T r i n i t y R i v e r V i s i o n ( T R V ) p r o j e c t . The Trinity R i v e r V i s i o n ( T R V ) p r o j e c t i s i m p l e m e n t i n g i m p r o v e m e n t s t o 8 8 m i l e s o f t h e Trinity River a n d i t s g r e e n b e l t s a n d t r i b u t a r i e s t h r o u g h o u t t h e F o r t Worth area. T h e p r o j e c t i n c l u d e s recreation fa c i l i t i e s , t r a i l d e v e l o p m e n t s , a n d a l s o t r a n s p o r t a t i o n i m p r o v e m e n t s . T h e C i t y o f F o r t Worth is res p o n s i b l e f o r c o n s t r u c t i o n o f b r i d g e s t h a t a r e p a r t o f t h e $ 9 0 9 m i l l i o n T R V p r o j e c t . Construction o f t h e H e n d e r s o n S t r e e t / S t a t e H i g h w a y ( S H ) 1 9 9 b r i d g e , t h e f i r s t o f t h e t h r e e b r i d g e s t o be built in t h e T R V p r o j e c t , i s d e l a y e d u n t i l 2 0 1 2 a s l o c a l o f f i c i a l s e v a l u a t e a d d i n g a m o d e r n roundabout a t o n e e n d . W o r k o n t h e b r i d g e w a s s c h e d u l e d t o s t a r t a t t h e e n d o f 2 0 1 1 b u t w a s d e l a y e d in order to a l l o w p r o j e c t p a r t n e r s , i n c l u d i n g t h e TxDOT - Fort Worth D i s t r i c t , a c h a n c e t o e v a l u a t e the proposed m o d e r n r o u n d a b o u t d e s i g n . 1 ONLY YIELDYIELDYIELD YI ELDYI ELDYI ELDYIELD YIELDYIELDYIELD ONLYN CLEAR VIEW DIAGRAM HENDERSON INTERSECTION FORT WORTH, TEXAS TRINITY RIVER VISION FILE NAME :P:\2011\11909 Henderson St @ White Settlement Rd, Fortworth, TX\Micros\Submittal Package\Hend White Settle Roundabout Parameters 1.1.7REV.dgn PLOT DATE :3/31/2011 PLOT SCALE : 50.0000 sf / in. DATE PROJECT No. FIGURE No.SCALE Ourston Roundabout Engineering 3/30/2011 1"= 50 11-909 www.OURSTON.com 1.1.7 6’10’ Low Growth: < 2’< 6"No Growth Limit Planting Heights Central IslandWHITE SETTLEMENT ROADHE N DE RS O N STREET Low Growth: < 2’ No Growth Limit Truck Apron Medium Growth: < 3.5’ LEGEND SUCCESS STORIES TXDOT APPROVAL (LARGEST ROUNDABOUT IN TEXAS) 15 SUCCESS STORIES TXDOT ROUNDABOUT ON SH 199 SUCCESS STORIES TRI-SCHOOLS PROJECT, ARLINGTON SUCCESS STORIES FOSSIL CREEK ROUNDABOUT, FORT WORTH 20 SUCCESS STORIES 4TH ARMY ROAD, CITY OF FRISCO Wylie City Council AGENDA REPORT Page 1 of 1 Meeting Date: April 9, 2019 Item Number: Work Session 2 Department: City Manager (City Secretary’s Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: April 3, 2019 Exhibits: Subject Discussion and direction regarding the possible transfer of ownership of the Wylie Cemetery and the Kreymer Cemetery to the City of Wylie. Recommendation Discussion The current board members of the Wylie Cemetery Board have approached staff to discuss the possibility of the City taking over the ownership and maintenance of the Wylie Cemetery located at 5th St. and Masters Avenue, and the Kreymer Cemetery located on the north side of Oak St, east of 5th St. The most recent board members include Richard Parker, Raymond Cooper, Jerrell Clemmons, Margie Rowell, Patsy Robertson, Betty Housewright, and Elaine Shraplau. It is becoming increasingly difficult for them to oversee the operation of the cemeteries and there are few alternatives for them to pursue. Currently the scheduling, provision of information on the availability of space, and burial arrangements are handled by the Allen Funeral Home, including the handling the costs associated with the burials. The annual mowing cost is roughly $12,000. The Board sends out an annual request for donations for upkeep and they typically receive $4,000 - $5,000 in response. The Board’s current cash balance is very healthy and would cover the mowing costs for several years. Staff has done some research and spoken with other cities that have taken over the operation of cemeteries under very similar situations. We have received some recommendations and suggestions including software for tracking purposes. It is not unusual for this scenario to be the course of progression for cemeteries that are not the large privately-owned perpetual care facilities. Should Council wish to pursue this further, staff would suggest working with the Board and the Allen Funeral Home to develop a more specific plan that could possibly be implemented with the new budget year.