DECEMBER 2, 2009 CITY COUNCIL BRIEFING AGENDACERTIFICATION

This certification is given pursuant to Chapter XI, Section 9 of the City Charter for theCity Council Briefing Agenda dated December 2, 2009. We hereby certify , as to thosecontracts, agreements, or other obligations on this Agenda authorized by the CityCouncil for which expenditures of money by the City are required , that all of the moneyrequired for those contracts , agreements, and other obligations is in the City treasury tothe credit of the fund or funds from which the money is to be drawn , as required andpermitted by the City Charter, and that the money is not appropriated for any otherpurpose .

ary K. SuhmCity Manager

Edward Scott ­City Controller

IJ- 11-()CfDate

\ ( I , C/ I CI l}

Date

2UG9 t40¥20 PtJ ". 0 .I c. . j I

December 2, 2009

DAlE

(FOR GENERAL INFORMATION AND RlJlLS OF COUR1C'SY PlEASE SEE OPPOSrIE SIDE.)

(LA INFORMAa6N GENERAL YREGLAS DE CORTfSfA QUE DEBEN OBSERVARSE

DURANTE LAS ASAMBI.EAS DEl. CoNSEJO MUNlOPAL APARECEN EN a, L\DO OPUESTO, FAVOR DE I..EERLAS.)

General Information

The Dallas City Council regularly meets on Wednesda~s

beginning at 9:00 a.m. in the Council Chambers, 6th floor, ~Ity

Hall, 1500 Marilla. Council agenda meetings are broadcast liveon WRR-FM radio (101.1 FM) and on Time Warner City CableChannel 16. Briefing meetings are held the first and thirdWednesdays of each month. Council agenda (voting) meetingsare held on the second and fourth Wednesdays. Anyone wishingto speak at a meeting should sign up with the City Secretary'sOffice by calling (214) 670-3738 before 9:0~ a.m. on the r:teetlngdate. Citizens can find out the name of their representative andtheir voting district by calling the City Secretary's Office.

Sign interpreters are available upon request with a 48~hour

advance notice by calling (214) 670-5208 V/TDD. The City ofDallas is committed to compliance with the Americans withDisabilitiesAct. The Council agenda is available in alternativeformats upon request.

If you have any questions about this agenda or comments orcomplaints about city services, call 311.

Rules of Courtesy

City Council meetings bring together citizens of man~ variedinterests and ideas. To insure fairness and orderly meetings, theCouncil has adopted rules of courtesy which apply to ~II

members of the Council, administrative staff, news media,citizens and visitors. These procedures provide:

That no one shall delay or interrupt the proceedings, orrefuse to obey the orders of the presiding officer.

All persons should refrain from private conversation, eating,drinking and smoking while in the Council Chamber.

Posters or placards must remain outside the CouncilChamber.

No cellular phones or audible beepers allowed in CouncilChamber while City Council is in session.

"Citizens and other visitors attending City Council meetings shallobserve the same rules of propriety, decorum and good conductapplicable to members of the City Council. Any person makingpersonal, impertinent, profane or slanderous remark.s or w~obecomes boisterous while addressing the City Council or whileattending the City Council meeting shall be removed fro~ ~he

room if the sergeant-at-arms is so directed by the presidingofficer, and the person shall be barred from furthe.r aUdien~e

before the City Council during that session of the City Council.If the presiding officer fails to act, any member of the City Councilmay move to require enforcement of th~ rules, an.d theaffirmative vote of a majority of the City Council shall require thepresiding officer to act." Section 3.3(c) of the City Council Rulesof Procedure.

Informacion General

EI Ayuntamiento de la Ciudad de Dallas. se reune regularr:nentelos rnlercolesen la Camara del Ayuntamiento en el sexto prsodela Alcaldfa, 1500 Marilla, a las 9 de la manana. Las reunionesinformativas se lIevan a cabo el primer y tercer rniercoles delmeso Estas audiencias se transmiten en vivo por la estaci6n deradio WRR-FM 101.1 Y por cablevisi6n en la estaci6n TimeWarner CityCable Canal 16. EI Ayuntamiento Municipal sereune el segundo y cuarto rnlercoles del mes para tratar asu~~ospresentados de manera oficial en la agenda para su aprobacion.Toda persona que desee hablar durante la asamblea d~1

Ayuntamiento, debe inscribirse lIamando a la SecretanaMunicipal al telefono (214) 670-3738, antes de las 9 de lamanana del dla de la asamblea. Para enterarse del nombre desu representante en el Ayuntamiento Municipal y el distritodonde usted puede votar, favor de lIamar a la SecretariaMunicipal.

lnterpretes para personas con impedimentos auditivos estandisponibles si 10 solicita con 48 horas de anticipaci6n !Iamandoal (214) 670-5208 (aparato auditivo V/TDD). La Ciudad deDallas se esfuerza por cumplir con el decreto que protege a laspersonas con impedimentos, Americans with Disabilties Act. Laagenda del Avuntamiento esta disponible en formatosalternos si 10solicita.

Si tiene preguntas sobre esta agenda, 0 si desea hacercomentarios 0 presentar quejas con respecto a servicios de laCiudad, lIame al 311.

Reglas de Cortesia

Las asambleas del Ayuntamiento Municipal reunena ciudadanosde diversos intereses e ideologfas. Para asegurar laimparcialidad y el orden durante las asambleas, el Ayuntamientoha adoptado ciertas reglas de cortesia que aplican a todos losmiembros del Ayuntamiento, al personal administrativo, personalde los medios de comunicaci6n, a los ciudadanos,ya visitantes.Estos reglamentos establecen 10 siguiente:

Ninguna pesona retrasara 0 lnterrurnpira los procedimientos, 0 seneqara a obedecer las 6rdenes del oficial que preside la asamblea.

Todas las personas deben de abstenerse de entablarconversaciones, comer, beber y fumar dentro de la carnaradel Ayuntamiento.

Anuncios y pancartas deben permanecer fuera de lacarnara del Ayuntamiento.

No se permite usar telefonos celulares 0 enlaceselectr6nicos (pagers) audibles en la carnara delAyuntamiento durante audiencias del AyuntamientoMunicipal.

"Los ciudadanos y visitantes presentes durante las asambleasdel Ayuntamiento Municipal deben de obedecer las mismasreglas de comportamiento, decoro y buena conducta que seaplican a los miembros del Ayuntamiento Municipal. Cualqui~r

persona que haga comentarios impertinentes, utilice vocabulanoobsceno 0 difamatorio, 0 que al dirigirse al Ayuntamiento 10 hagaen forma escandalosa, 0 si causa disturbio durante la asambleadel Ayuntamiento Municipal, sera expulsada de la carnara si eloficial que este presidiendo la asamblea asl 10 ordena. Adernas,se Ie prohlbira continuar participando en la audiencia ante elAyuntamiento Municipal. Si el oficial que preside I.a asambl~a. notoma acci6n, cualquier otro miembro del Ayuntamiento Municipalpuede tomar medidas para hacer cumplir las reglasestablecidas, y el voto afirmativo de la mayorfa del AyuntamientoMunicipal precisara al oficial que este presidiendo la sesi6n atomar acci6n." Segun la secci6n 3.3(c) de las reglas deprocedimientos del Ayuntamiento.

AGENDA

CITY COUNCIL BRIEFING MEETING WEDNESDAY, DECEMBER 2, 2009

CITY HALL 1500 MARILLA

DALLAS, TEXAS 75201 9:00 A.M.

9:00 am Invocation and Pledge of Allegiance 6ES Special Presentations

Open Microphone Speakers

VOTING AGENDA 6ES 1. Approval of Minutes of the November 18, 2009 City Council Meeting 2. Consideration of appointments to boards and commissions and the evaluation and

duties of board and commission members (List of nominees is available in the City Secretary's Office)

Briefings 6ES A. The Path to 2060: Dallas’ Long Range Water Supply Plan B. Meet and Confer Lunch Closed Session 6ES Attorney Briefings (Sec. 551.071 T.O.M.A.) - Daniel Lopez v. City of Dallas, Cause No. 09-00185-F - Corey Raye v. City of Dallas, Cause No. 09-03730-B - Lilian Romero v. City of Dallas, Cause No. 09-00120-B - Helen Watts v. City of Dallas, Cause No. 08-13000-A, Leanne Siri v. City of Dallas, Cause No. 09-04875-A, and for claims made

against the City by Sherri Lopez, Sheila Schulte-De Albrecht, Diana Salinas and Cheryl Hill - First United Methodist Church, Claim No. 09257254 Open Microphone Speakers 6ES The above schedule represents an estimate of the order for the indicated briefings and is subject to change at any time. Current agenda information may be obtained by calling (214) 670-3100 during working hours. Note: An expression of preference or a preliminary vote may be taken by the Council on any of the briefing items.

2

A closed executive session may be held if the discussion of any of the above agenda items concerns one of the following: 1. Contemplated or pending litigation, or matters where legal advice is requested of the

City Attorney. Section 551.071 of the Texas Open Meetings Act. 2. The purchase, exchange, lease or value of real property, if the deliberation in an

open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.072 of the Texas Open Meetings Act.

3. A contract for a prospective gift or donation to the City, if the deliberation in an open

meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section 551.073 of the Texas Open Meetings Act.

4. Personnel matters involving the appointment, employment, evaluation,

reassignment, duties, discipline or dismissal of a public officer or employee or to hear a complaint against an officer or employee. Section 551.074 of the Texas Open Meetings Act.

5. The deployment, or specific occasions for implementation of security personnel or

devices. Section 551.076 of the Texas Open Meetings Act. 6. Deliberations regarding economic development negotiations. Section 551.087 of the

Texas Open Meetings Act.

3

PUBLIC MEETINGS FOR DECEMBER 1 - DECEMBER 15, 2009 Tuesday, December 1, 2009 Civil Service Board 8:30 a.m. City Hall, Suite 1C-South Thursday, December 3, 2009 Community Development Commission 6:00 p.m. City Hall, Room 6ES

The State’s 16 RegionalPlanning areas are identified by the letters A to P. Dallas is in Region C.

The Path to 2060: Dallas’ Long Range Water Supply Plan

December 2, 2009

2

Purpose of Briefing

Provide information on the City of Dallas’ water planning process and implementation of water supply strategies to meet the needs of Dallas’ citizens and customers to the year 2060

3

The department is funded from water and wastewater revenues, and receives no tax dollars

Approximately 1,500 employees

Population served (treated water)

1.3 million - Dallas

980,000+ - wholesale customer cities

699 square mile service area

306,000 retail customer accounts

4,980 miles of water mains

4,250 miles of wastewater mains

Treated 148.0 BG of water in FY09 meeting all regulatory guidelines

Treated 58.1 BG of wastewater in FY09

Fact Sheet

4

Surface water is “owned” by the State of Texas, who in turn, grants permits for its beneficial use

Dallas’ existing water rights were granted by the State based on serving the needs of Dallas and its customer cities

Existing reservoirs were constructed as a result of planning actions from the 1950s

It takes approximately 30 years to permit and construct a new reservoir

As a result of the drought of record, Dallas initiated a series of long range water supply plans in 1959, 1979, 1990, 2000, and 2005

As a result of a drought in 1996 in which some cities ran out of water, the State initiated regional planning to ensure that the State has enough water for the next 50 years

Currently we are in the third round of regional planning

Previous plans were prepared for 2002, 2007, and now 2012

Water Background

5

New Water Source Timeline Examples

Lake Ray Roberts took 25 years to build

The U.S. Congress authorized construction in 1965

Permits granted in June 1976

In June 1987, the gates of the dam were closed

The reservoir filled in May 1990

Lake Fork, existing source, was acquired in 1981

Total time will be 29 years to connect to Dallas’ system

City paid debt service until 2005

Right of way acquisition began in the late 1980s, construction of pipeline and pump station began in October 2000

Projected time for construction to be completed is January 2010

CONNECTTO SYSTEM

NEEDSASSESSMENT

(1-3 years) FEASIBILITY(2-5 years)

PERMITTING(5-10 years)

DESIGN(3-5 years)

LANDACQUISITION(5-10 years)

CONSTRUCTION(4-8 years)

0 3 6 13 17 24 30

6

Both Dallas and customer cities enjoy lower water rates because of a regional approach to water acquisition and supply

Dallas shares costs with customer cities based on a 30-year Memorandum of Agreement (MOA) and has had a successful relationship with its customer cities for more than 50 years

With a “consensus based approach” in mind, Dallas and the customer cities have been meeting to revise the MOA which expires December 2009

City staff anticipates briefing City Council in January 2010 on results and proposal

Dallas and other area water agencies looking to 2060 for possible water sources

Regional approach for new water sources

Funding for new water sources is more cost effective when it is a collaborative effort

Even with conservation and reuse, additional water supply sources for Dallas will be needed by 2035

Where We Are Today

7

DALLAS

LAKE RAYHUBBARD

LAKETAWAKONI LAKE FORK

RESERVOIR

LAKE PALESTINE

LEWISVILLE

LAKE

GRAPEVINELAKE

RAY ROBERTSLAKE

ELMFORKWTP

BACHMANWTP

EASTSIDEWTP

GRAYSON

COLLINCOOKE

DENTON

DALLAS

ELLIS

TARRANT

JOHNSON

KAUFMAN VAN ZANDT

HENDERSON

WOOD

SMITH

ROCKWALL

HUNT

HOPKINSRAINS

WISE

Existing Water Treatment Plant

Water Service Area

LEGEND

Existing Water Sources

Future Water Sources

Existing FacilitiesFuture Facilities

Future Water Treatment Plant

Existing PipelineFuture Pipeline

IRONBRIDGEPUMPSTATION

FORNEYPUMPSTATION

TAWAKONIBALANCINGRESERVOIR

18vov09

FANNIN

HUNT

Trinity River

INTAKE & PUMPSTATION(FUTURE)

SOUTHEASTWTP (FUTURE)

INTAKE & PUMPSTATION(FUTURE)

BOOSTER PUMPSTATION(FUTURE)

DALLAS WATER SERVICE AREA

8

Planning Guidelines

Dallas’ plan is to have enough reservoir firm yield to meet water demands equivalent to the drought of record in the 1950s

Dallas’ ranking for planned new water supply sources has been based on:

Costs – capital construction and power

Efficiency

Environmental impact

Likelihood for development

Water located closer to the City is generally less expensive

Lower infrastructure costs due to shorter pipelines

Lower pumping (energy) costs – a recurring, annual expense

Dallas is included in Region C as part of the Statewide water planning effort

Working with other area water providers to achieve greater economies of scale and thus reduce costs

9

Components of Water Supply Planning

Projected Projected DemandDemand

ExistingExistingSuppliesSupplies

FutureFutureNeedsNeeds Existing Supply

Projected Demand

ConservationConservation

NewNewReservoirsReservoirs

Potential Strategies

ReuseReuse

ExistingExistingReservoirsReservoirs

Ranking ofPotential Strategies

EvaluationEvaluation 4 Project Cost

201 0

Reuse $589

202 0

Palestine $492

203 0

Toledo Bend

$325

204 0

Fostrill $129

RecommendedStrategies

FutureNeeds

Dallas’ Current Water Supply Strategies

11

Sustainability Actions

Dallas built its water system to meet the drought of record

The drought of record is the worst recorded drought used for planning municipal water supplies

Dallas’ drought of record was a seven year period in the 1950’s

To minimize water usage, Dallas has undertaken several sustainability actions

Leak detection

Maintenance and repair

Conservation and reuse

Actions are to sustain what we have, and add new sources to meet future growth

12

Sustainability Initiatives

Major Maintenance Initiatives

Reduce water loss by expanding leak detection to survey system every 2.5 years instead of 5 years

Unaccounted For Water for FY09 was 9.1% (industry goal is 10%)

Increased large wastewater main assessment and replacement in support of Sanitary Sewer Initiative

FY10 budget maintains annual replacement rate of 1.5% for aged mains

Focus on Infrastructure Rehabilitation and Maintenance

For the prior three years, approximately $465M or 50% of the Capital Program addresses maintenance of existing infrastructure

For FY10, $133.7M of $293.3M of the capital program is budgeted for water/ wastewater main replacements

Dividends from enhanced conservation initiatives

34 MGD savings in water from 2001-2009

Equates to 70% of the 47.40 goal for 2060

A new 5-year water conservation strategic plan is currently underway

Reuse Initiatives – 88 MGD identified in current efforts

Indirect – working with North Texas Municipal Water District to swap reuse water• 40 MGD to Lake Ray Hubbard• 36 MGD to Lake Lewisville

Return Flows – 12 MGD to Lake Lewisville

Direct – Cedar Crest golf course (less than 1 MGD)

13

Current Dallas Water Supply Strategies (Included in the State’s 2007 Water Plan)

Strategies were adopted by the City Council in March 2005

Connect existing supplies to Dallas’ systemLake Fork (currently in startup phase)Lake Palestine by 2015 (joint pipeline study underway

with Tarrant Regional Water District)

Recommended StrategiesWater ConservationAdditional direct reuseLake Ray Hubbard and Lake Lewisville indirect reuse

Contract for return flows

Lake Wright Patman floodpool reallocation

Construct Lake Fastrill

= in progress

14

The Path to 2060 – Water Supply of 1,036.11 MGD

• Our water supply in 2060 totals 1036.11 MGD• Currently we have 376.90 MGD connected• We are reasonably assured of an additional 268.19 MGD (underway)• An additional 191.02 MGD is likely• Wright Patman and Fastrill, totaling 200 MGD, are yet to be secured

1036.11 (need)- 376.90 (current)- 268.19 (underway)- 191.02 (likely)= 200.00

Current Underway Likely UnsecuredTotal Need(MGD)

• Ray Roberts/Lewisville• Grapevine• Ray Hubbard• Tawakoni• Elm Fork of Trinity

• Lake Fork - Startup Phase (102.54 MGD)• Lake Palestine - 2015 (100.00 MGD)• Conservation - various dates (47.40 MGD)• Direct Reuse - various dates (18.25 MGD)

• Contract for Return Flows - various dates (71.02 MGD)• Ray Hubbard Indirect Reuse - permitted - 2012 (60.00 MGD)• Lewisville Indirect Reuse - permitted - 2022 (60.00 MGD)

• Wright Patman Flood Pool - 2035 (100.00 MGD)• Fastrill - 2045 (100.00 MGD)

376.90 268.19 191.02 200.00 1,036.11

• 80 percent of 2060 water needs are reasonably assured, which meets Dallas’ water needs through the year 2035

15

Recommended Water Management Strategies Progress Report

Water Management

Strategies

Projected Supply (MGD)

Progress Project Status

Lake Fork 102.54 - Pipeline construction is complete (currently in startup phase) Startup

Lake Palestine 100.0 - Study with Tarrant Regional Water District to determine corridor selection

- Project Financing and Facilities Agreement with TRWD March 2010

Corridor Study/Contract Negotiations

Conservation 47.40 - Conservation program underway- Average annual savings are estimated to be approximately 34 MGD- April 2005 5-year strategic plan currently being updated

Underway

Direct Reuse 18.25 - Cedar Crest golf course currently using direct reuse water- Plans are underway to add additional facilities

Underway

Return Flows 71.02 - Obtained approximately 12 MGD of return flows as part of the Lewisville Lake Reuse permit

Underway

Lake Ray Hubbard Reuse

60.0 - Negotiated with NTMWD for reuse swap (Approx. 40 MGD)- Contract finalized in December 2008.- Infrastructure to facilitate swap under design.

Design Underway

Lewisville Lake Reuse

60.0 - Negotiated with NTMWD for reuse swap (Approx. 36 MGD)- Contract finalized in December 2008. - NTMWD Reuse permit submitted to TCEQ

Contract Negotiations

Wright Patman Flood Pool Raise

100.0 - Region C and D Study Committee appointed by the Legislature- Awaiting outcome of report due Dec. 1, 2010 to Legislature and Governor

Legislative Study

Fastrill Reservoir

100.0 - Wildlife Refuge established in footprint of reservoir site- Dallas and TWDB filed Federal lawsuit- Federal lawsuit currently at US Supreme Court

Litigation

16

Water Conservation and Reuse is a Critical Component

25 percent of Dallas’ future water need is to be provided through conservation and reuse

Stricter conservation measures adopted in 2001 have paid tremendous dividends

Added 4th tier water rate for residential usage over 15,000 gallons

Passed an ordinance regulating lawn and landscape irrigation:

• Avoiding water runoff and waste• Maintaining sprinkler systems• Summer daytime watering restrictions from June 1 to

September 30 annually• No watering during any form of precipitation• Installation of rain and freeze sensors by 2005

In 2007, the City extended the time of day watering restriction to April 1 through October 31

17

Dallas’ 5-year Strategic Water Conservation Plan

City’s long-term planning tool to help curb water waste and improve water efficiency management

Serves as foundation for state mandated water conservation plan

Strategies include projected long-term water savings, reductions in gallons per capita usage, program costs, and implementation schedules

Updated plan to be presented to the City Council in Spring 2010

18

Initiatives from the 2005 5-year Strategic Water Conservation Plan

Public Awareness Campaign

$1.2 million annual media campaign

In 2007, formed partnership with Tarrant Regional Water District expanding “Save Water” message and leveraging an additional $750,000 in media exposure

Environmental Education Initiative

Collaborative effort with Sanitation dept. for grades K-12 with participation of over 15,000 students and 400 teachers

Water Conservation Mascot “DEW” received awards for video “DEW Helps Kids Save Water” on Nickelodeon and Cartoon Network

19

Initiatives from the 2005 5-year Strategic Water Conservation Plan (cont’d)

Homeowner Assistance

Minor Plumbing Repair Program for low- income/elderly customers has replaced over 4,100 fixtures

New “Throne for Your Home” Program replaced over 7,100 toilets

Free Irrigation System Inspections for residential and commercial customers

Industrial and Commercial Outreach Efforts

Cooling Tower Audits

“Spray to Save” Restaurant Program with 2,977 pre-rinse spray nozzles replaced

20

Conservation measures adopted by the Council in Oct 2001 have been positive, including a reduction of approximately 31% in GPCD from FY98 to FY09.

Note: Annual GPCD is Pumpage minus Wholesale and Industrial Sales

Annual GPCD and Population

175

190

205

220

235

250

265

FY96FY97FY98FY99FY00FY01FY02FY03FY04FY05FY06FY07FY08FY09

Gal

lons

Per

Cap

ita P

er

Day

(GP

CD

)

10001050110011501200125013001350

Pop

ulat

ion

(100

0s)

GPCD Population

21

GPCD Comparisons Comparing Apples to Oranges

City Population Estimate

Municipal Use

(Ac-Ft)

Gallons per Capita per

Day (GPCD)

Residential (GPCD)

Houston 2,139,408 317,151 132 67San Antonio

1,320,060 221,292 150 86

Dallas 1,243,287 333,854 240 92Austin 728,821 123,231 151 87Fort Worth

676,472 117,050 154 --

Total GPCD does not tell the whole storySource: Texas Water Development Board 2007 Population Estimate

22

GPCD Comparison Comparing Apples to Oranges

Dallas

Daytime Population increases 23.4%

GPCD is approximately 50% residential

No Military Facilities

San Antonio

Daytime Population increases 3.8%

GPCD is over 90% residential

Lackland Air Force Base (has its own water supply, GPCD includes Base’s population but not Base’s water use)

Source: Texas Water Development Board

Interlocal Cooperation

24

Interlocal Cooperation Contract with Tarrant Regional Water District (TRWD)

On September 26, 2007 the City Council approved an Interlocal Cooperation Contract with TRWD that:

Allows Dallas to share the cost of water transmission from distant sources

First transmission project is from Lake Palestine

Provides the framework for increasing the reliability of water supplies for Dallas

Provides Dallas the ability to obtain interim and emergency water supplies

Dallas and TRWD have since expanded our relationship to work together to acquire Oklahoma Water

25

Potential Oklahoma River Basins for Water Supply

26

Lake Palestine Project Progress to Date

Identified significant cost savings of almost 20 percent that can be recognized by the City and TRWD working together in the transmission of raw water from East Texas

Pipeline sizing and corridor are in the final stages of selection and review

Pipeline design standards to be developed jointly with conceptual pipeline design beginning in Spring 2010

Development of Integrated Pipeline Project Financing and Facilities Agreement :

Will address the financial, legal and institutional issues associated with the project and will serve as the foundation for the contractual agreement for the design, construction, funding and operation of the transmission system

27

Initial Capital Cost Summary – Connection of Lake Palestine and Third Pipeline for TRWD

Scenarios(2008 dollars)

Independent Project Capital

Cost

Preliminary Integrated Project

Capital Cost

Preliminary Estimate of

Savings

Dallas Connection to Lake Palestine

$ 978,000,000 $791,300,000

~20%TRWD Third Pipeline $1,034,000,000 $826,800,000

Total Estimated Project Costs

$2,012,000,000 $1,618,100,000

28

Lake Palestine Pipeline Corridor Under Consideration

29

Next Steps with Tarrant Regional Water District

Dallas and TRWD are currently negotiating an Integrated Pipeline Project Financing and Facilities Agreement

Agreement will serve to connect Lake Palestine at significant savings to Dallas and TRWD

Initial studies will be finalized in early 2010

Financing and project development anticipated to be at a point to seek City Council approval to enter into an agreement with TRWD by Spring 2010

30

Return Flows and Reuse

NTMWD has constructed a wetland on the East Fork of the Trinity River near the main stem of the Trinity River

Dallas has permitted return flows along the main stem of the Trinity River

NTMWD Contract will:

Exchange Dallas’ return flows from Central and/or Southside for a like amount of NTMWD return flows in Lake Ray Hubbard and Lewisville Lake

Pass NTMWD return flows through Lake Ray Hubbard until facilities can be constructed to provide NTMWD with Dallas’ Central and/or Southside return flows at NTMWD’s wetland

The City has signed a contract with the North Texas Municipal Water District (NTMWD) to exchange return flows in Lake Ray Hubbard

NTMWD has permitted return flows in Lake Ray Hubbard

31

LakeRay

Hubbard

LakeLavon

CentralWWTP

SouthsideWWTP

East SideWTP

LakeRay

Hubbard

LakeLavon

CentralWWTP

SouthsideWWTP

East SideWTP

NTMWDReturn Flows

NTMWDWetland

Reuse Swap with NTMWD Alternative Comparison

Length~37.4 Miles

ElevationDifference~80 feet

Length~11.8 Miles

ElevationDifference~12 feet

Alignment identified in2005 Long Range Water Supply Plan

(Dallas only)

Alignment considered in NTMWD Contract

Dallas’ ReuseFlows

Deliveredto NTMWD

Wetland

32

Sabine River Basin Additional Supply

Talks have begun with Sabine River Authority to:

Secure additional water supply in the Sabine River Basin

Develop run-of-the- river supplies upstream of Toledo Bend closer to Dallas

Overdraft existing reservoirs (Lakes Tawakoni and Fork)

33

Other Water Supply Initiatives

34

Lake Ray Hubbard Additional Yield

Council approved a hydrological study of this lake in 2006 to determine if additional water is available

Amount of water may be as much as an additional 67 MGD, and at a minimum it will be 27 MGD

Additional water is due to additional runoff as a result of urbanization around lake Added yield requires permitting from the State

Permit was filed in July 2007

State has asked for additional information to be provided by Jan 2010

35

Dallas’ Alternative Strategies

36

Previously Identified Alternative Water Strategies for Dallas

Alternate strategies within 100 miles Dallas’ share

George Parkhouse I and II (not yet built) 100 MGD

Marvin Nichols (not yet built) 100 MGD

Lake Texoma (Oklahoma’s share) 100 MGD

Alternate strategies within 150 miles

Lake Columbia (not yet built) 32 MGD

Oklahoma water (Kiamichi/Cache basins) 100 MGD

Lake O’ the Pines 80 MGD

Alternate strategies within 200 miles

Toledo Bend Reservoir 100-200 MGD

Lake Livingston Reservoir 100 MGD

Sam Rayburn/B. A. Steinhagen 100 MGD

Alternate strategies within 300 miles

Ogallala (Mesa) water 100-200 MGD

37

Alternate Water Management Strategies Progress Report

Water Management

Strategies

Projected Supply (MGD)

Progress Project Status

Lake Texoma 100 - No progress reported Hold

George Parkhouse

100 - Region C and D Study Committee appointed by the Legislature- Awaiting outcome of report due to Legislature and Governor by December 1, 2010

Legislative Study

Marvin Nichols Reservoir

100 - Designated Unique Reservoir Site - Region C and D Study Committee appointed by the Legislature- Awaiting outcome of report due to Legislature and Governor by December 1, 2010

Legislative Study

Lake Columbia 35 - Designated Unique Reservoir Site - Reservoir Permitted- ANRA searching for Sponsors

Hold

Lake O’ the Pines

80 - The Northeast Municipal Water District sent out a notice for the “Expression of Negotiation Interest”- Dallas Responded to “Expression of Negotiation Interest” in May 2008 but not chosen

Letter of Interest

Oklahoma Water 100 + - Negotiated an agreement with TRWD to define relationship during lawsuit and settlement negotiations

Ongoing

Sam Rayburn / B.A. Steinhagen

100 - No progress reported Hold

Lake Livingston 100 - No progress reported Hold

Toledo Bend Reservoir

200 - Sabine River Basin Supply contract negotiation underway with Sabine River Authority- Scope of work being developed for Sabine River Basin Hydrologic Study

Contract Negotiations

Mesa Groundwater

100 - Ongoing discussions with Mesa Water Hold

38

Dallas’ Input into 2012 State Water Plan

39

2011 Region C Water Plan

The Region C Planning Group consultants have prepared population and water demand projections for the Water User Groups (i.e. Cities, water districts, etc.) in the Region C Planning Area

Upcoming Dates

April 1, 2010 - Initially Prepared Plan (IPP) submitted to TWDB

Summer 2010 - Public Hearing on IPP Regional Water Plan

October 1, 2010 - Regional Water Plan to be submitted to TWDB

January 5, 2012 - State Water Plan to be submitted to the Legislature

40

Proposed Water Management Strategies for 2011 Region C Plan

Water Supply Strategies for Region C Plan

Water Management Strategies • Conservation• Contract for Return Flows• Recycled Water

• Direct Non-Potable Use• Augmentation (Indirect) through Lake Ray Hubbard• Augmentation (Indirect) through Lake Lewisville

• Connect Existing Supplies• Lake Fork Connection• Lake Palestine• Lake Ray Hubbard Overdraft

• Obtain Water from Existing Reservoirs • Wright Patman Lake Flood Pool Reallocation

• Develop New Reservoirs• Fastrill

New additions to list in blue and underlined

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Proposed Alternate Strategies for 2011 Region C Plan

Alternative Supply Recommendations • Additional Water Conservation• Additional Recycled Water• Lake Texoma• Toledo Bend Reservoir• Lake O’ the Pines• Lake Livingston• Sam Rayburn/B.A. Steinhagen• Mesa groundwater • Marvin Nichols Reservoir• Lake Columbia• George Parkhouse• Oklahoma Water

42

Summary

Dallas has water in reserve to meet future needs until 2035

Will need to connect Lake Palestine to meet this need

Ongoing projects with Tarrant Regional Water District to reduce the cost to connect Lake Palestine

Dallas is actively pursuing multiple strategies to meet water needs beyond 2035

Conservation and reuse are an integral part of future water supply, equaling 25% of our need

Dallas is working with regional partners to reduce future water supply costs

Appendix

44

Ongoing Lawsuits

Oklahoma

Dallas and TRWD have expanded our relationship to work together in possibly acquiring Oklahoma Water

TRWD filed a federal lawsuit against Oklahoma claiming its moratorium on the sale of water out of the State violates the Interstate Commerce Clause

It is anticipated that the case will proceed to trial in December 2009

Fastrill

Dallas’ lawsuit against the US Fish and Wildlife has been appealed to the U.S. Supreme Court

The Supreme Court asked the Solicitor's General office respond to the city's petition which takes place in only about 10-15 percent of the cases

Of this 10-15 percent, the Supreme Court hears about 10 percent of those cases

It is anticipated that the Supreme Court will decide in Nov-Dec if it will take the case

1

Meet and Confer Briefing

Presented to the Dallas City Council December 2, 2009

2

Purpose

I. What is Meet and Confer?II. State Meet and Confer LawIII. How Does the Meet and Confer Process work?IV. Meet and Confer Impacts StatewideV. What is Collective Bargaining?VI. Collective Bargaining Agreement Impacts

StatewideVII. Legislation on the Horizon at the National LevelVIII. Summary of Briefing

3

What is Meet and Confer?

• Meet and Confer is a process designed to allow police and fire groups and management an opportunity to reach agreement on important employment issues.

• Neither a public employer nor a police or fire group is required to meet and confer.

• Unlike collective bargaining, meet and confer provides an opportunity, not a requirement, for the city to reach an agreement with its police and fire employees on wages, benefits and working conditions.

4

State Meet and Confer Law

• Texas HB 2307 was enacted September 1, 2009.

• The Bill covers all City of Dallas nonexempt Police and Fire sworn employees excluding the following ranks:

Fire PoliceFire Chief Police ChiefAssistant Chief Assistant Chief

Deputy ChiefMunicipal Marshals

5

State Meet and Confer Law• Law permits police and fire groups to meet with designated

management teams to discuss employment matters such as wages, benefits, and working conditions.

• What Constitutes a Group?• Police groups that have represented 3% or more of city officers for

at least one year may appoint one representative to the Meet and Confer Team.

• Fire groups may appoint one representative to the Meet and Confer Team. Fire groups do not have to represent 3% of the officers in order to participate.

• Police and fire Groups combined constitute a Meet and Confer Team.

• Firefighters and police officers may not engage in strikes.

6

State Meet and Confer Law

• Three employment points the law suggests for Meet and Confer discussions:• Wages• Benefits• Other working conditions

• The law excludes discussions on pensions

7

How does the Meet and Confer Process work?• The established Meet and Confer Team petitions the city to

initiate discussions by submitting a request in writing to the City Manager.

• Once petition received it is presented to the governing body to consider three options:1. Grant recognition of the Meet and Confer Team2. Defer granting recognition of the Meet and Confer Team and order an

election by the voters regarding whether the municipality may meet and confer

3. Order a Certification Election to determine whether the employee groups in the Meet and Confer Team represent a majority of Police Officers and Firefighters.

If option 3 is implemented, within 30 days after the Certification Election is complete, the governing body must then proceed with either #1 or #2 above.

8

How does the Meet and Confer Process work?• If the governing body recognizes Meet and Confer, the City

Manager may designate one or more staff members to serve on a management Meet and Confer Team.

• No requirements in the law for either party to meet and confer on any issue or reach an agreement.

• All agreements must be in writing and ratified through a voting process by all uniform officers and approved by the governing body.

9

How does the Meet and Confer Process work?

• Under any agreement the city maintains the control over wages, salaries, rates of pay, hours of work or other terms of employment.

• If no agreements are reached, the state laws, local ordinances, and civil service rules remain unaffected.

10

Meet and Confer Impacts Statewide

Note: This research is based on information received from various cities. It is illustrative of Meet and Confer results in various municipalities.

11

Meet and Confer Impacts StatewideAustin:• 1995 State legislation allowed Austin to begin Meet and

Confer discussions with police. In 2007, legislature extended Meet and Confer to EMS.

• In 2009, new 4-year agreements approved for Police and EMS:• Year 1 - 0% pay increase, 0% pension increase• Year 2 - 3% pay increase plus a 1% pension increase • Year 3 - 3% pay increase plus a 1% pension increase • Year 4 - 3% pay increase plus a 1% pension increase

• Austin Police are the highest paid in Texas — 20% above State average.

• The City of Austin has Collective Bargaining for Firefighters.

12

Meet and Confer Impacts StatewideFort Worth:• Fort Worth established Meet and Confer discussions in

September, 2008.

• The Police Meet and Confer Team requested a 30% raise over three years.

• In the Fall 2008, a four year agreement was reached • 12.75% raise during term plus continuation of Step Pay increases• Appointment of Police Majors By Chief • Cancellation allowed if City faces a financial inability to pay or the Crime

Tax is defeated

13

San Angelo:• San Angelo established Meet and Confer discussions in 2009.

• Officers received a 10% pay increase

• Staffing shortages propelled the pay increases - 20% of positions were vacant

Meet and Confer Impacts Statewide

14

Abilene:• State legislation passed in 2005 allowed Abilene to reach its first

Meet and Confer agreements in 2006.

• Abilene negotiated its second Meet and Confer agreements in 2008 for the 2 year period covering 2008 thru 2010. • 18% pay raises for police officers• 15% pay raises for fire fighters• Unique twist to Civil Service

– No more written entrance examinations– Application process can be opened and closed the at the Chief’s discretion

Meet and Confer Impacts Statewide

15

Meet and Confer Impacts StatewideHouston Police:• The City of Houston implemented Meet and Confer with

Police in 1998 • 1998 three year agreement

• Average 18% increase in pay over 3 years• 2001 three year agreement

• Average 22% increase in pay over 3 years• 2004 – Amended the 2001 agreement

• In effect until June 2010 • Police received a minimum 2% annual increase to base salary• $12,000 incentive paid to new recruits

• Driving factors for agreement• Problem getting enough officers on the streets• $28,000 starting salary in Houston – far behind other large cities

• The City of Houston has collective bargaining for Firefighters.

16

What is Collective Bargaining?

17

What is Collective Bargaining?• Collective bargaining requires negotiations between an

employer and a group of employees regarding conditions of employment.

• Collective bargaining procedures require a written agreement with a group of employees.

• Collective bargaining is governed by federal and state statutory laws, administrative agency regulations, and judicial decisions.

18

Collective Bargaining Agreements (CBA) Impacts Statewide

Note: This research is based on information received from various cities. It is illustrative of Collective Bargaining results in various municipalities.

19

Collective Bargaining Agreement (CBA) Impacts Statewide

San Antonio:• The City of San Antonio implemented Collective Bargaining

for Fire in 1974 and Police in 1975 ..

20

Collective Bargaining Agreement (CBA) Impacts Statewide

Houston Fire:• The City of Houston implemented its first Collective

Bargaining Agreement for Fire Fighters in 2005.

• Current CBA ratified in 2009:• 2-year agreement through 2010• Remains in effect until replaced or terminated, but no later than

September 30, 2013• Base salaries increase an average of 10% over the agreement period

• Annual increases had been 2.5%

• Anticipated incremental cost for pay increase• 2010 - $11.75M • 2011 - $12M over 2010 costs• Total cost of agreement over two years is approximately $35.5 M

21

Legislation on the Horizon at the National Level

22

Legislation on the Horizon at the National Level• Public Safety Employer-Employee Cooperation Act of 2009 (HR

413/S 1611) • Introduce by Representatives Dale Kildee (D-MI) and Judd Gregg (R-NH)

• 172 House and 8 Senate cosponsors, including the following Texans:• Representative Al Green (D-9),• Representative Sheila Jackson-Lee (D-18),• Representative Ted Poe (R-2) and • Representative Ciro Rodriguez (D-23).

• Would require the Federal Labor Relations Authority to determine whether each state:• Permits public safety employees to form and join a labor union that is, or

seeks to be, recognized as the exclusive bargaining representative of public safety employees.

• Requires public safety employers to:• Recognize public safety employee labor unions• Bargain with public safety employee labor unions on hours, wages, and terms

of employment, and• Commit agreements with public safety employee labor unions to writing

• Makes an impasse resolution mechanism available, and• Requires court enforcement of all of the items above.

23

Legislation on the Horizon at the National Level• If the Federal Labor Relations Authority finds that a state does

not have the requirements, then the Authority would take charge of overseeing public safety labor unions in that state, including: • Protecting the right of employees to form and join labor unions;• Overseeing labor union elections; • Mediating disagreements and impasses, and • Investigating and resolving complaints of unfair employment practices by

public safety employers and their unions.

• The bills include language specifically:• Prohibiting strikes by public safety employees and labor unions • A grandfather for existing collective bargaining agreements• Protects state laws that prohibit a closed shop and protects state laws that

are more comprehensive.

24

Summary of Briefing• Texas HB 2307 was enacted September 1, 2009.

• Covers all Dallas nonexempt Police and Fire sworn employees.

• Wages, benefits and other working conditions are the discussion points that may be discussed during Meet and Confer. Discussions regarding Pension are not included.

• The governing body has three options regarding the petition submitted by the Employee Meet and Confer Team.

• No requirements in the law that either party meet and confer on any issue or reach an agreement.

• All written agreements must be approved by the uniform employees and ultimately the governing body.