Ordinance 2014-15ORDINANCE NO. 2014-15
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 2009 -11, CODIFIED AS DIVISION 3 (WATER
CONSERVATION AND DROUGHT CONTINGENCY AND WATER
EMERGENCY RESPONSE PLAN) OF ARTICLE IV (WATER) OF
CHAPTER 114 (UTILITIES) OF THE WYLIE CODE OF ORDINANCES
AND ADOPTING A WATER CONSERVATION PLAN TO PROMOTE THE
RESPONSIBLE USE OF WATER; REQUIRING THE FILING OF THIS
ORDINANCE AND PLAN WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY; PROVIDING FOR PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS
AND SEVERABILITY CLAUSES, AN EFFECTIVE DATE AND FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") previously
adopted Ordinance No. 2009 -11 of the City of Wylie, Texas ( "Wylie "), codified as Division 3
(Water Conservation and Drought Contingency and Water Emergency Response Plan) of Article IV
(Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances, which established a Water
Conservation Plan ( "Water Conservation Plan "); and
WHEREAS, Wylie recognizes that the amount of water available to its water customers is
limited and further recognizes the importance of a long -term water supply for its water customers;
and
WHEREAS, Wylie recognizes that because of natural limitations, drought conditions,
system failures and other acts of God which may occur, Wylie cannot guarantee an uninterrupted
water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality ( "TCEO ") require that Wylie adopt a Water Conservation Plan; and
WHEREAS, Wylie has investigated and determined that it is an urgent need and in the best
interest of the public to repeal the existing Water Conservation Plan and adopt the Water
Conservation Plan as set forth below; and
WHEREAS, pursuant to Chapter 54, TEX. Loc. Gov'`r CODE, Wylie is authorized to adopt
such Ordinances as are necessary to preserve and conserve its water resources; and
WHEREAS, the City Council has investigated and determined that it would be advantageous
and beneficial to the citizens of Wylie to repeal Ordinance No. 2009 -11 in its entirety, to replace the
existing Water Conservation Plan and to adopt the North Texas Municipal Water District
( "NTMWD ") Model Water Conservation Plan, as modified for Wylie, as Wylie's official policyfor
the conservation of water; and
Ordinance No. 2014 -15 Repealing Ordinance No. 2009 -11 & Adopting A Water Conservation Plan Page 1 of 4
WHEREAS, the City Council has investigated and determined that the adoption of the Water
Conservation Plan will be advantageous and beneficial to the citizens of Wylie and will protect the
public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS THAT:
SECTION 1: Findings Inco!32orated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2. Repeal of Ordinance No. 2009 -11. Ordinance No. 2009 -11, codified as
Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan) of
Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances, is hereby repealed in
its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section
shall not occur until the effective date of this Ordinance, at which time Ordinance No. 2009 -11 shall
be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any
prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2009 -11
occurring before the effective date of this Ordinance.
SECTION 3: Plan Adopted. The City Council hereby approves and adopts the Water
Conservation Plan ( "Plan "), attached hereto as Exhibit "A" and incorporated herein by reference for
all purposes. Wylie commits to implement the requirements and procedures set forth in the adopted
Plan.
SECTION 4: Penally. 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 TCEO. The City Manager or her
designee is hereby directed to file one (1) copy of each of the PIan 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. 2014 -15 - Repealing Ordinance No. 2009 -11 & Adopting A Water Conservation Plan Page 2 of 4
SECTION 7: Severabili1y. 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. 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 22nd day of April, 2014.
4, e, ;I,
Eric Hogue, Ma o
ATTESTED TO AND CORRECTLY
RECORDED BY: OF
�+ . �r/r' car •_
c
Carole Ehrlich, City cretary y
Date of Publication: April 30, 2014 in the Wylie News 60'f ., RRAD
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Ordinance No. 2014 -15 — Repealing Ordinance No. 2009 -11 & Adopting A Water Conservation Plan Page 3 of 4
EXHIBIT "A"
Water Conservation Plan
The City of Wylie's
Water Conservation Flan
can be obtained by contacting the City Secretary's Office
Ordinance No. 2014 -15 — Repealing Ordinance No. 2009 -11 & Adopting A Water Conservation Plan Page 4 of 4
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STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas
and having general circulation in Collin County, Texas, who being by me duly sworn,
deposed and says that the foregoing attached:have
City of Wylie
Ordinance 2013 -15
was published in said newspaper on the following dates, to -wit:
April 30, 2014
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the _day of
to certify which witness my hand and seal of office.
Sonia A. Duggan
Commission Expires
09 -02 -2016
2014
Gt-
Notary Public in r
The State of Texas /�
My commission expires "/4 `�
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April 30 - May 1, 2014
ORDINANCE NO.
2013 -15
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
REPEALING OR-
DINANCE NO.
2009 -11, CODI-
FIED AS DIVISION
3 (WATER CON -
SERVATION AND
DROUGHT CON -
TINGENCY AND
WATER EMER-
GENCY RESPONSE
PLAN) OF ARTI-
CLE IV (WATER)
OF CHAPTER 114
(UTILITIES) OF
THE WYLIE CODE
OF: ORDINANCES
AND ADOPTING
A, WATER CON -
SERVATION PLAN
TO PROMOTE THE
RESP.ON,SIBLE USE
OF WATER; RE-
QUIRING THE FIL-
INtdF MSORDI
NANCE AND PLAN
WITH THE TEXAS
COMMISSION ON
ENVIRONMENTAL
QUALITY; PRO -
VIDING FOR PEN -
ALTIES FOR THE
VIOLATION OF
THIS► ORDINANCE;
PROVIDING . RE-
PEALING,' SAV-
INGS AND SEVER -
ABILITY CLAUSES,
AN' EFFECTIVE
DATE AND : FOR
THE PUBLICA-
TION OF THE CAP-
TION HEREOF
TAJO 1s,11w,sudIe crri nw, - Murphy Monitor - The Princeton Herald 7e 5adis,� News - THE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2014 -15
was published in said newspaper on the following dates, to -wit:
June 4, 2014
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of� , 2014
to certify which witness my hand and seal of office.
�%tg Sonia I Duggan
commission Expires
09 -02 -2016
'Islotary Public in for
The State of Texas
My commission expires
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ktrnersaiilc Princeton Office - 101 S plain - P_O. Roo 512 - Farmersrilie, "FX 75442 - 972 784 6.")" - I:ix 972 782 -7()23
June 4 -5, 2014
ORDINANCE
NO. 2014-15
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
REPEALING OR-
DINANCE NO.
2009 -11, CODI-
FIED AS DIVI-
SION 3 (WATER
CONSERVATION
AND DROUGHT
CONTINGEN-
CY AND WATER
EMERGENCY - RE-
SPONSE PLAN) OF
ARTICLE IV (WA-
TER) OF CHAPTER
114 (UTILITIES) OF
THE WYLIE CODE
OF ORDINANCES
AND ADOPTING A
WATER CONSER-
VATION PLAN TO
PROMOTE THE
RESPONSIBLE
USE OF WATER;
REQUIRING THE
FILING OF THIS
ORDINANCE AND
PLAN WITH THE
TEXAS COM-
MISSION ON
ENVIRONMEN-
TAL QUALITY;
PROVIDING FOR'
PENALTIES FOR
THE VIOLATION
OF THIS ORDI-
NANCE; PROVID-
ING REPEALING,
SAVINGS AND
SEVERABILITY
CLAUSES, AN EF-
FECTIVE DATE
AND FOR THE
PUBLICATION
OF THE CAP-
TION HEREOF.
► O< ,> `�,