Item Coversheet


City Council Agenda Request
September 5, 2017


AGENDA REQUEST NO: V.E.

AGENDA OF: City Council Meeting

INITIATED BY: Katie Clayton, PE, Water Resources Manager

PRESENTED BY: Katie Clayton, Water Resources Manager

RESPONSIBLE DEPARTMENT: Public Works

AGENDA CAPTION:
Consideration of and action on authorizing execution of a Groundwater Reduction Plan Participation Agreement, by and between the City of Sugar Land, Texas, and First Colony Property Owners' Association, Inc. 
RECOMMENDED ACTION:
Approve Groundwater Reduction Plan Participation Agreement between the City of Sugar Land and First Colony Property Owners Association.
EXECUTIVE SUMMARY:

First Colony Property Owners Association (FCPOA) owns a small groundwater well that supplies water to an amenity lake north of Lexington Blvd. The well was exempt from groundwater reduction requirements prior to the 2015 Amendment to the Fort Bend Subsidence District (FBSD) Rules. FBSD Rules require FCPOA reduce groundwater Pumpage or join a groundwater reduction plan. To become compliant, the FCPOA requested to join the Sugar Land Groundwater Reduction Plan along with the other 17 entities participating in the city’s GRP. FCPOA Directors approved the terms of the GRP Agreement, effective date July 20, 2017.

 

The City of Sugar Land's GRP is designed to serve as the alternative water sources for all entities within the current City Limits and Extra Territorial Jurisdiction (ETJ). FCPOA is within the current City of Sugar Land City Limits.

 

The FBSD Regulatory Plan requires Groundwater permit holders to limit their Groundwater withdrawals to seventy percent of their total water demand by 2014 and forty percent by 2025. A Groundwater Reduction Plan showing how groundwater conversion goals will be accomplished must be submitted by each Groundwater permit holder to the Subsidence District. The City has developed a Groundwater Reduction Plan (GRP) that meets the Regulatory Plan requirements. Included in the City’s GRP are other groundwater well owners in the City and City’s extraterritorial jurisdiction (ETJ). The GRP is comprised of 17 participants, totaling 77 wells. All GRP members have entered into a GRP Participant Agreement with the City, which is fundamentally the same for all members.

 

The City’s GRP contract terms is summarized below.

 

Groundwater Reduction Plan Participation Agreement Summary

  • The City will include the Participant and their pumpage in the City’s GRP
  • The Participant will provide the GRP with estimated water demands through 2030
  • The Participant will adopt and follow the City’s Water Conservation and Drought Contingency Plan. The Participant must comply with the City’s ordinance for
    additional or replacement wells

 

Mandatory Conversion:

  • The City, as the GRP Administrator, retains sole decision-making ability for all conversion decisions but will notify the participant 6 months prior to any conversion
  • The GRP will receive all conversion credits for the benefit of all participants
  • The Surface Water Fund will pay for all mandatory conversion infrastructure.
  • If participant’s groundwater source is converted to alternative water, the GRP will pay all costs associated with conversion and operations of the system
  • The GRP will use its best efforts to supply a volume of non-groundwater to maintain lake levels to an acceptable level

Voluntary Conversion:

  • The participant may complete a voluntary conversion project at its expense, but the GRP will receive all conversion credits for the benefit of all participants.
  • Upon request of the Participant the GRP administrator may purchase the voluntary conversion project.

Pumpage Fee:

  • The Participant will pay the GRP Administrator the Pumpage Fee for all Water, except Water received by the Participant from another GRP Participant or the City beginning on the GRP Agreement effective date
  • The Fee is established by ordinance and is currently $1.75 per 1,000 gallons
  • All out of City Participants will pay a 20% Out of City Service Charge
  • Fees collected will be deposited into the City owned and managed Surface Water Fund

Metering and Billing:

  • The City will read GRP related meter each month and prepare a report of the Participant’s total Water use for the previous month. The GRP Administrator will send a statement of charges to the Participant showing the calculation of monthly charges which will be calculated per the City’s ordinance
  • The Participant will test the meters at least once every 12 months. The City may be present and witness any test performed
  • If a test shows that the meter is inaccurate according to the AWWA standards, billing adjustments may be made for a period of time extending back to the time when the inaccuracy began, if ascertainable; if not ascertainable, for a period extending back to the last test date of the Measuring Equipment or 60 days, whichever is shorter

Term:

  • The agreement is in effect for as long as the FBSD Regulatory Plan is in effect
  • The agreement may be terminated by written mutual agreement


The Public Works Department recommends approval of the Groundwater Reduction Plan Participation Agreement between the City of Sugar Land and First Colony Property Owners Association.



BUDGET

EXPENDITURE REQUIRED:  N/A

CURRENT BUDGET: N/A

ADDITIONAL FUNDING: N/A

FUNDING SOURCE:

ATTACHMENTS:
DescriptionType
Location MapContracts
GRP Agreement with First Colony Property Owners Assoc.Agreement