Ordinance 2014-16ORDINANCE NO. 2014-16
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 2011 -24, CODIFIED AS DIVISION 2 (DROUGHT
CONTINGENCY PLAN) OF ARTICLE IV (WATER) OF CHAPTER 114
(UTILITIES) OF THE WYLIE CODE OF ORDINANCES AND
ADOPTING A WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN TO PROMOTE THE RESPONSIBLE USE OF
WATER; REQUIRING THE FILING OF THIS ORDINANCE AND PLAN
WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY;
PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING REPEALING, SAVINGS AND
SEVERABILITY CLAUSES, AN EFFECTIVE DATE AND FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") previously
adopted Ordinance No. 2011 -24 of the City of Wylie, Texas ( "Wylie "), codified as Division 2
(Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code
of Ordinances, which established a Drought Contingency Plan ( "Drought Contingency Plan ");
and
WHEREAS, Wylie recognizes that the amount of water available to its water customers
is limited and further recognizes the importance of a long -term water supply for its water
customers; and
WHEREAS, Wylie recognizes that because of natural limitations, drought conditions,
system failures and other acts of God which may occur, Wylie cannot guarantee an uninterrupted
water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality ( "TCEO ") require that Wylie adopt a Water Resource and Emergency
Management Plan; and
WHEREAS, Wylie has investigated and determined that it is an urgent need and in the
best interest of the public to repeal the existing Drought Contingency Plan and adopt the Water
Resource and Emergency Management Plan as set forth below; and
WHEREAS, pursuant to Chapter 54, TEX. Loc. Gov'T CODE, Wylie is authorized to
adopt such Ordinances as are necessary to preserve and conserve its water resources; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to repeal Ordinance No. 2011 -24 in its
entirety, to replace the existing Drought Contingency Plan and to adopt the North Texas
Municipal Water District ( "NTMWD ") Model Water Resource and Emergency Management
Plan, as modified for Wylie, as Wylie's official policy for the conservation of water; and
Ordinance No. 2014 -16 — Repealing Ordinance No. 2011 -24 Drought Contingency Plan
Adopting a Water Resource & Emergency Management Plan Page 1 of 4
WHEREAS, the City Council has investigated and determined that the adoption of the
Water Resource and Emergency Management Plan will be advantageous and beneficial to the
citizens of Wylie and will protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS THAT:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2. Repeal of Ordinance No. 201 1 -24. Ordinance No. 2011 -24, codified as
Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the
Wylie Code of Ordinances, is hereby repealed in its entirety and replaced by this Ordinance. The
effective date of the repeal discussed in this Section shall not occur until the Effective Date of
this Ordinance (hereinafter defined), at which time Ordinance No. 2011 -24 shall be repealed.
Such repeal shall not abate any pending prosecution and /or lawsuit or prevent any prosecution
and/or lawsuit from being commenced for any violation of Ordinance No. 2011 -24 occurring
before the effective date of this Ordinance.
SECTION 3. Plan Adopted. The City Council hereby approves and adopts the Water
Resource and Emergency Management Plan ( "Plan "), attached hereto as Exhibit "A" and
incorporated herein by reference for all purposes. Wylie commits to implement the requirements
and procedures set forth in the adopted Plan.
SECTION 4. Pe_ nalty. 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/Revealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 7. Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional and /or invalid by a court of competent
Ordinance No. 2014 -16 — Repealing Ordinance No. 2011 -24 Drought Contingency Plan
Adopting a Water Resource & Emergency Management Plan Page 2 of 4
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,
and each section, subsection, sentence, clause and/or phrase thereof, regardless of whether any
one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional
and/or invalid.
SECTION S. Effective Date. The Drought Contingency Plan established by Ordinance
No. 2011 -24 shall continue to apply until such time as the drought contingency or water
emergency response stage currently in effect under the Drought Contingency Plan terminates and
a less restrictive stage is applicable. At such time ("Effective Date "), this Ordinance shall
become effective, the Plan shall take effect and the appropriate water resource management stage
as provided in the Plan shall be initiated. However, in no event shall this Ordinance be effective
before its publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 22 "d day of April, 2014.
g, ei,
Eric Hogue, May Jr
ATTESTED TO AND CORRECTLY
RECORDED BY: OF ^yl
Carole Ehrlich, -y Secretary 4
Date of Publication: April 30,
918870 g
N E OF 'tE7t1►i_
Ordinance No. 2014 -16 — Repealing Ordinance No. 2011 -24 Drought Contingency Plan
Adopting a Water Resource & Emergency Management Plan Page 3 of 4
EXHIBIT "A"
Water Resource and Emergency Management Plan
The City of Wylie's
Water Resource and Emergency Management Plan
can be obtained by contacting the City Secretary's Office
Ordinance No. 2014 -I6 — Repealing Ordinance No. 2011-24 Drought Contingency Plan
Adopting a Water Resource & Emergency Management Plan Page 4 of 4
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CITY OF Al'1TYLIE
WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN
APRIL 2014
Water Resource and Emergency Management Plan
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES 1-1
2. DEFINITIONS 2-1
3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 3-1
4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN 4-1
4.1 Provisions to Inform the Public and Opportunity for Public Input 4-1
4.2 Provisions for Continuing Public Education and Information 4-1
4.3 Initiation and Termination of Water Resource and Emergency Management Stages 4-2
4.4 Procedures for Granting Variances to the Plan 4-13
4.5 Procedures for Enforcing Mandatory Water Use Restrictions 4-14
4.6 Coordination with the Regional Water Planning Group and NTMWD 4-15
4.7 Review and Update of Water Resource and Emergency Managment Plan 4-15
APPENDICES
APPENDIX A List of References
APPENDIX B Texas Commission on Environmental Quality Rules on Drought
Contingency Plans
• Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter
B, Rule §288.20—Drought Contingency Plans for Municipal Uses by
Public Water Suppliers
APPENDIX C Letters to Region C and Region D Water Planning Groups
APPENDIX D Adoption of Water Resource and Emergency Management Plan
• Municipal Ordinance Adopting Water Resource and Emergency
Management Plan
• Municipal Utility District Order Adopting Water Resource and
Emergency Management Plan
• Special Utility District Order Adopting Water Resource and
Emergency Management Plan
• Water Supply Corporation Resolution Adopting Water Resource and
Emergency Management Plan
Water Resource and Emergency Management Plan
1. INTRODUCTION AND OBJECTIVES
This document has been prepared as a Model Water Resource and Emergency Management Plan,
intended to be available for use by North Texas Municipal Water District (NTMWD) Member Cities and
Customers as they develop their own plans. This model plan addresses all of the current TCEQ
requirements for a drought contingency plan'. This model plan will replace the plans dated August
2004, April 2006 and March 2008. The March 2008 model plan shall continue to apply until such time
that the drought contingency or water emergency response stage currently in effect under the March
2008 model plan terminates and a less restrictive stage is applicable. At such time, this model plan shall
take effect, replacing the March 2008 model plan, and the appropriate water resource management
stage as provided in this model plan shall be initiated.
The measures included in this Model Water Resource and Emergency Management Plan are intended to
provide short-term water savings during drought or emergency conditions. Water savings associated
with ongoing, long-term strategies are discussed in the Model Water Conservation Plan for North Texas
Municipal Water District Member Cities and Customers. 2
The purpose of this model Water Resource and Emergency Management plan is as follows:
• To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
• To protect and preserve public health,welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions.
The NTMWD supplies treated potable water to its Member Cities and Customers. This model plan was
developed by NTMWD in consultation with its Member Cities and Customers. In order to adopt this
model plan, each NTMWD Member City and Customer will need to adopt ordinance(s) or regulation(s)
implementing the plan, including the determination of fines and enforcement procedures. The model
plan calls for Member Cities and Customers to adopt water resource management stages initiated by
NTMWD during a drought or water supply emergency. Member Cities and Customers may also adopt
more stringent water resource management stages than NTMWD if conditions warrant.
1-1
Water Resource and Emergency Management Plan
In the absence of drought response measures, water demands tend to increase during a drought due to
increased outdoor irrigation. The severity of a drought depends on the degree of depletion of supplies
and on the relationship of demand to available supplies. The NTMWD considers a drought to end when
all of its supply reservoirs refill to the conservation storage pool.
Superscripted numbers match references listed in Appendix A.
1-2
Water Resource and Emergency Management Plan
2. DEFINITIONS
1. AQUATIC LIFE means a vertebrate organism dependent upon an aquatic environment to sustain
its life'.
2. ATHLETIC FIELD means a public sports competition field, the essential feature of which is turf
grass, used primarily for organized sports practice, competition or exhibition events for schools,
professional sports, or sanctioned league play"
3. COMMERCIAL FACILITY means business or industrial buildings and the associated landscaping,
but does not include the fairways, greens, or tees of a golf course'.
4. COMMERCIAL VEHICLE WASH FACILITY means a permanently-located business that washes
vehicles or other mobile equipment with water or water-based products, including but not
limited to self-service car washes, full service car washes, roll-over/in-bay style car washes, and
facilities managing vehicle fleets or vehicle inventory'.
5. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in
northern and central regions of the U.S. Cool season grasses include perennial and annual rye
grass, Kentucky blue grass and fescues"'
6. CUSTOMERS include those entities to whom NTMWD provides water on a customer basis that
are not members of NTMWD.
7. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is
permitted to irrigate outdoors'.
' Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16,2012.
htt www.austintexas, ov sites default files files Water Conservation Plannin and Polic Pro osedCodeRevision DRAFT
with watering schedule-8-15-2012.pdf
'I Definition from City of San Antonio Water Conservation Ordinance adopted 2005.
http//saws.org/conservation/ordinance/docs/Ch34 Ordinance 2009.pdf
ill Definition developed by Freese and Nichols,Inc.
2-1
Water Resource and Emergency Management Plan
8. DRIP IRRIGATION is a type of micro-irrigation system that operates at low pressure and delivers
water in slow, small drips to individual plants or groups of plants through a network of plastic
conduits and emitters; also called trickle irrigation.
9. DROUGHT, for the purposes of this plan, means an extended period of time when an area
receives insufficient amounts of rainfall to replenish the water supply, causing water supply
sources (in this case reservoirs)to be depleted".
10. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant
material to evaporation and transpiration. The amount of ET can be estimated based on the
temperature,wind, and relative humidity''.
11. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times
based on weather (ET) data. These controllers are designed to replace the amount of water lost
to evapotranspiration''.
12. EXECUTIVE DIRECTOR means the Executive Director of the North Texas Municipal Water District
and includes a person the Director has designated to administer or perform any task, duty,
function, role, or action related to this plan or on behalf of the Executive Director''.
13. FOUNDATION WATERING means an application of water to the soils directly abutting the
foundation of a building structure'.
14. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney,
Mesquite, Plano, Princeton, Richardson, Rockwall, Royce City, and Wylie,Texas.
15. NEW LANDSCAPE means vegetation installed at the time of the construction of a residential or
commercial facility; installed as part of a governmental entity's capital improvement project;
installed to stabilize an area disturbed by construction'.
'V Amy Vickers: Handbook of Water Use and Conservation,Amherst Massachusetts,June 2002
v Freese and Nichols,Inc.:Water Conservation and Drought Contingency and Water Emergency Response Plan,prepared for
North Texas Municipal Water District,Fort Worth,March 2008.
2-2
Water Resource and Emergency Management Plan
16. ORNAMENTAL FOUNTAIN means an artificially created structure (up to six feet in diameter)
from which a jet, stream, valves and emission devices or flow of water emanates and is not
typically utilized for the preservation of aquatic life'.
17. PERMANANTLY INSTALLED IRRIGATION SYSTEM means a custom-made, site-specific system of
delivering water generally for landscape irrigation via a system of pipes or other conduits
installed below ground'.
18. RAIN/FREEZE SENSOR means a device designed to stop the flow of water to an automatic
irrigation system when rainfall or freeze event has been detected".
19. RECLAIMED WATER means reclaimed municipal wastewater that has been treated to a quality
that meets or exceeds the minimum standards of the 30 Texas Administrative Code, Chapter
210 and is used for lawn irrigation, industry, or other non-potable purposes'.
20. SOAKER HOSE means a perforated or permeable garden-type hose or pipe that is laid above
ground that provides irrigation at a slow and constant rate'.
21. SPRINKLER means an above-ground water distribution device that may be attached to a garden
hose'.
22. SWIMMING POOL means any structure, basin, chamber, or tank containing an artificial body of
water for swimming or diving and having a depth of two (2)feet or more at any point".
23. WATER RESOURCE MANAGEMENT PLAN means a strategy or combination of strategies for
temporary supply management and demand management responses to temporary and
potentially recurring water supply shortages and other water supply emergencies required by
Texas Administrative Code Title 30, Chapter 288, Subchapter B. This is sometimes called a
drought contingency plan'
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Water Resource and Emergency Management Plan
3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
The TCEQ rules governing development of drought contingency plans for public water suppliers are
contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code, a
current copy of which is included in Appendix B. For the purpose of these rules, a drought contingency
plan is defined as "a strategy or combination of strategies for temporary supply and demand
management responses to temporary and potentially recurring water supply shortages and other water
supply emergencies.i1
Minimum Requirements
TCEQ's minimum requirements for drought contingency plans are addressed in the following
subsections of this report:
• 288.20(a)(1)(A)— Provisions to Inform the Public and Provide Opportunity for Public Input—
Section 4.1
• 288.20(a)(1)(B)—Provisions for Continuing Public Education and Information—Section 4.2
• 288.20(a)(1)(C)—Coordination with the Regional Water Planning Group—Section 4.6
• 288.20(a)(1)(D) — Criteria for Initiation and Termination of Water Resource Management
Stages—Section 4.3
• 288.20(a)(1)(E)—Water Resource Management Stages—Section 4.3
• 288.20(a)(1)(F)—Specific, Quantified Targets for Water Use Reductions—Section 4.3
• 288.20(a)(1)(G) — Water Supply and Demand Management Measures for Each Stage —
Section 4.3
• 288.20(a)(1)(H)—Procedures for Initiation and Termination of Water Resource Management
Stages—Section 4.3
• 288.20(a)(1)(I)- Procedures for Granting Variances—Section 4.4
• 288.20(a)(1)(J)- Procedures for Enforcement of Mandatory Restrictions—Section 4.5
3-1
Water Resource and Emergency Management Plan
• 288.20(a)(3)—Consultation with Wholesale Supplier—Sections 1,4.2, and 4.3
• 288.20(b)—Notification of Implementation of Mandatory Measures—Section 4.3
• 288.20(c)—Review and Update of Plan—Section 4.7
3-2
Water Resource and Emergency Management Plan
4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN
4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT
Member Cities and Customers will provide opportunity for public input in the development of this Water
Resource and Emergency Management Plan by the following means:
• Providing written notice of the proposed plan and the opportunity to comment on the plan
by newspaper, posted notice, and notice on the supplier's web site (if available).
• Making the draft plan available on the supplier's web site (if available).
• Providing the draft plan to anyone requesting a copy.
• Holding a public meeting.
4.2 PROVISIONS FOR CONTINUING PUBLIC EDUCATION AND INFORMATION
Member Cities and Customers will inform and educate the public about the Water Resource and
Emergency Management Plan by the following means:
• Preparing a bulletin describing the plan and making it available at City Hall and other
appropriate locations.
• Making the plan available to the public through the supplier's web site (if available).
• Including information about the Water Resource and Emergency Management Plan on the
supplier's web site (if available).
• Notifying local organizations, schools, and civic groups that staff are available to make
presentations on the Water Resource and Emergency Management Plan (usually in
conjunction with presentations on water conservation programs).
• At any time that the Water Resource and Emergency Management Plan is activated or the
Water Resource and Emergency Management Plan changes, Member Cities and Customers
will notify local media of the issues, the water resource management stage (if applicable),
and the specific actions required of the public. The information will also be publicized on
the supplier's web site (if available). Billing inserts will also be used as appropriate.
4-1
Water Resource and Emergency Management Plan
4.3 INITIATION AND TERMINATION OF WATER RESOURCE AND EMERGENCY
MANAGEMENT STAGES
Initiation of a Water Resource Management Stage
The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the
implementation of a water resource management stage when one or more of the trigger conditions for
that stage is met. The following actions will be taken when a water resource management stage is
initiated:
• The public will be notified through local media and the supplier's web site (if available) as
described in Section 4.2.
• Wholesale customers (if any) and the NTMWD will be notified by e-mail with a follow-up
letter or fax that provides details of the reasons for initiation of the water resource
management stage.
• If any mandatory provisions of the Water Resource and Emergency Management Plan are
activated, Member Cities and Customers will notify the Executive Director of the TCEQ and
the Executive Director of the NTMWD within 5 business days.
• Water Resource and Emergency Management Plan stages imposed by NTMWD action must
be initiated by Member Cities and Customers.
• For other trigger conditions internal to a city or water supply entity, the City Manager,
General Manager, Mayor, Chief Executive, or official designee may decide not to order the
implementation of a water resource management stage or water emergency even though
one or more of the trigger criteria for the stage are met. Factors which could influence such
a decision include, but are not limited to, the time of the year, weather conditions, the
anticipation of replenished water supplies, or the anticipation that additional facilities will
become available to meet needs. The reason for this decision should be documented.
Termination of a Water Resource Management Stage
The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the
termination of a water resource management stage when the conditions for termination are met or at
their discretion. The following actions will be taken when a water resource management stage is
terminated:
4-2
Water Resource and Emergency Management Plan
• The public will be notified through local media and the supplier's web site (if available) as
described in Section 4.2.
• Wholesale customers (if any) and the NTMWD will be notified by e-mail with a follow-up
letter or fax.
• If any mandatory provisions of the Water Resource and Emergency Management plan that
have been activated are terminated, Member Cities and Customers will notify the Executive
Director of the TCEQ and the Executive Director of the NTMWD within 5 business days.
The City Manager, General Manager, Mayor, Chief Executive, or official designee may decide not to
order the termination of a water resource management stage even though the conditions for
termination of the stage are met. Factors which could influence such a decision include, but are not
limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions
that warrant the continuation of the water resource management stage. The reason for this decision
should be documented.
4-3
Water Resource and Emergency Management Plan
Water Resource and Emergency Management Plan Stages and Measures
Stage 1
Initiation and Termination Conditions for Stage 1
• The NTMWD has initiated Stage 1, which may be initiated due to one or more of the
following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board of
Directors,finds that conditions warrant the declaration of Stage 1.
o Water demand is projected to approach the limit of the permitted supply.
o The storage in Lavon Lake is less than 55 percent of the total conservation pool capacity.
o NTMWD's storage in Jim Chapman Lake is less than 55 percent of NTMWD's total
conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies used by
NTMWD (Lake Tawakoni and/or Lake Fork) are in a Mild drought.
o NTMWD has concern that Lake Texoma, the East Fork Raw Water Supply Project, or
some other NTMWD source may be limited in availability in the next 6 months.
o NTMWD water demand exceeds 95 percent of the amount that can be delivered to
customers for three consecutive days.
o NTMWD water demand for all or part of the delivery system equals delivery capacity
because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o Supply source is interrupted or unavailable due to invasive species.
o NTMWD's water supply system is unable to deliver water due to the failure or damage
of major water system components.
• Supplier's water demand exceeds 95 percent of the amount that can be delivered to
customers for three consecutive days.
• Supplier's water demand for all or part of the delivery system equals delivery capacity
because delivery capacity is inadequate.
4-4
Water Resource and Emergency Management Plan
• Supply source becomes contaminated.
• Supplier's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• Supplier's individual plan may be implemented if other criteria dictate.
Stage 1 may terminate when NTMWD terminates its Stage 1 condition or when the circumstances that
caused the initiation of Stage 1 no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1
The goal for water use reduction under Stage 1 is a five percent (5%) reduction in the amount of water
produced by NTMWD from the previous annual payment period prior to drought restrictions. If
circumstances warrant or if required by NTMWD, the City Manager, General Manager, Mayor, Chief
Executive, or official designee can set a goal for greater or lesser water use reduction. The City
Manager, General Manager, Mayor, Chief Executive, or official designee may order the implementation
of any or all of the actions listed below, as deemed necessary to achieve a five percent reduction.
Measures described as "requires notification to TCEQ" impose mandatory requirements on customers.
The supplier must notify TCEQ and NTMWD within five business days if these measures are
implemented:
• Continue actions in the water conservation plan.
• Notify wholesale customers of actions being taken and request them to implement similar
procedures.
• Initiate engineering studies to evaluate alternatives should conditions worsen.
• Further accelerate public education efforts on ways to reduce water use.
• Halt non-essential city government water use. (Examples include street cleaning, vehicle
washing, operation of ornamental fountains, etc.)
• Encourage the public to wait until the current drought or emergency situation has passed
before establishing new landscaping.
• All users are encouraged to reduce the frequency of draining and refilling swimming pools.
• Requires Notification to TCEQ — Limit landscape watering with sprinklers or irrigation
systems at each service address to no more than two days per week on designated days
4-5
Water Resource and Emergency Management Plan
between April 1 —October 31. The watering days shall be on the customer's trash day and
three days thereafter unless otherwise set by the City of Wylie. Lawn and landscape
watering limited to twice per week as per the chart below:
Trash Day Watering Days
Monday Monday and Thursday
Tuesday Tuesday and Friday
Wednesday Wednesday and Saturday
Thursday Thursday and Sunday
Friday Friday and Monday
• Limit landscape watering with sprinklers or irrigation systems at each service address to
once every week on designated days between November 1 — March 31. The watering day
shall be the customer's trash day. Exceptions are as follows:
o An exception is allowed for landscape associated with new construction that may be
watered as necessary for 30 days from the installation of new landscape features.
o An exemption is also allowed for registered and properly functioning ET/Smart irrigation
systems and drip irrigation systems from the designated outdoor water use days limited
to no more than two days per week. ET/Smart irrigation and drip irrigation systems are
however subject to all other restrictions applicable under this stage.
o An exception for additional watering of landscape may be provided by hand held hose
with shutoff nozzle, use of dedicated irrigation drip zones, and/or soaker hose provided
no runoff occurs.
o Foundations, new landscaping, new plantings (first year) of shrubs, and trees (within a
ten foot radius of its trunk) may be watered by a hand-held hose, a soaker hose, or a
dedicated zone using a drip irrigation system provided no runoff occurs.
• Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain
level.
• Requires Notification to TCEQ — Landscape watering of parks, golf courses and athletic
fields using potable water are required to meet the same reduction goals and measures
4-6
Water Resource and Emergency Management Plan
outlined in this stage. Exception for golf course greens and tee boxes which may be hand
watered asneeded.
Water Resource and Emergency Management Plan
Stage 2
Initiation and Termination Conditions for Stage 2
• The NTMWD has initiated Stage 2, which may be initiated due to one or more of the
following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board of
Directors,finds that conditions warrant the declaration of Stage 2.
o Water demand is projected to approach or exceed the limit of the permitted supply.
o The storage in Lavon Lake is less than 45 percent of the total conservation pool capacity.
o NTMWD's storage in Jim Chapman Lake is less than 45 percent of NTMWD's total
conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies used by
NTMWD (Lake Tawakoni and/or Lake Fork) are in a Moderate drought. (Measures
required by SRA under a Moderate drought designation are similar to those under
NTMWD's Stage 2.)
o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or some other
NTMWD source has become limited in availability within the next 3 months.
o NTMWD water demand exceeds 98 percent of the amount that can be delivered to
customers for three consecutive days.
o NTMWD water demand for all or part of the delivery system exceeds delivery capacity
because delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or damage
of major water system components.
• Supplier's water demand exceeds 98 percent of the amount that can be delivered to
customers for three consecutive days.
• Supplier's water demand for all or part of the delivery system exceeds delivery capacity
because delivery capacity is inadequate.
• Supply source becomes contaminated.
4-8
Water Resource and Emergency Management Plan
• Supply source is interrupted or unavailable due to invasive species.
• Supplier's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• Supplier's individual plan may be implemented if other criteria dictate.
• Stage 2 may terminate when NTMWD terminates its Stage 2 condition or when the
circumstances that caused the initiation of Stage 2 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 2
The goal for water use reduction under Stage 2 is a reduction of ten percent (10%) in the amount of
water obtained from NTMWD from the previous annual payment period prior to drought restrictions. If
circumstances warrant or if required by NTMWD, the City Manager, General Manager, Mayor, Chief
Executive, or official designee can set a goal for greater or lesser water use reduction. The City
Manager, General Manager, Mayor, Chief Executive, or official designee may order the implementation
of any or all of the actions listed below, as deemed necessary to achieve a ten percent reduction.
Measures described as "requires notification to TCEQ" impose mandatory requirements on customers.
The supplier must notify TCEQ and NTMWD within five business days if these measures are
implemented:
• Continue or initiate any actions available under Stage 1.
• Notify wholesale customers of actions being taken and request them to implement similar
procedures.
• Implement viable alternative water supply strategies.
• All users are encouraged to reduce the frequency of draining and refilling swimming pools.
• Requires Notification to TCEQ — Limit landscape watering with sprinklers or irrigation
systems at each service address to once per week on designated days between April 1 —
October 31. The watering day shall be the customer's trash day. Limit landscape watering
with sprinklers or irrigation systems at each service address to once every other week on
designated days between November 1 — March 31. The watering days shall be on the
customer's trash day and three days thereafter unless otherwise set by the City of Wylie.
Exceptions are as follows:
4-9
Water Resource and Emergency Management Plan
o New construction may be watered as necessary for 30 days from the date of the
installation of new landscape features.
o Foundations, new plantings (first year) of shrubs, and trees (within a ten foot radius of
its trunk) may be watered for up to two hours on any day by a hand-held hose, a
dedicated zone using a drip irrigation system and/or soaker hose provided no runoff
occurs.
o Public athletic fields used for competition may be watered twice per week.
o Locations using alternative sources of water supply only for irrigation may irrigate
without day of the week restrictions provided proper signage is employed. However,
irrigation using alternative sources of supply is subject to all other restrictions applicable
to this stage. If the alternative supply source is a well, proper proof of well registration
with the North Texas Groundwater Conservation District or Red River Ground Water
Conservation District is required. Other sources of water supply may not include
imported treated water.
o An exemption is allowed for registered and properly functioning ET/Smart irrigation
systems and drip irrigation systems from the designated outdoor water use day limited
to no more than one day per week. ET/Smart irrigation and drip irrigation systems are
however subject to all other restrictions applicable under this stage.
o Hand watering with shutoff nozzle, drip lines, and soaker hoses is allowed before 10 am
and after 6 pm provided no runoff occurs.
• Requires Notification to TCEQ—Prohibit hydro seeding, hydro mulching, and sprigging.
• Requires Notification to TCEQ- Initiate a rate surcharge as requested by NTMWD.
• Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain
level.
• Requires Notification to TCEQ— If NTMWD has imposed a reduction in water available to
Member Cities and Customers, impose the same percent reduction on wholesale customers.
• Requires Notification to TCEQ—Landscape watering of parks and golf courses using potable
water are required to meet the same reduction goals and measures outlined in this stage.
Exception for golf course greens and tee boxes which may be hand watered as needed.
4-10
Water Resource and Emergency Management Plan
Stage 3
Initiation and Termination Conditions for Stage 3
• The NTMWD has initiated Stage 3, which may be initiated due to one or more of the
following:
o The NTMWD Executive Director, with the concurrence of the NTMWD Board of
Directors,finds that conditions warrant the declaration of Stage 3.
o Water demand is projected to approach or exceed the limit of the permitted supply.
o The storage in Lavon Lake is less than 35 percent of the total conservation pool capacity.
o NTMWD's storage in Jim Chapman Lake is less than 35 percent of NTMWD's total
conservation pool capacity.
o The Sabine River Authority has indicated that its Upper Basin water supplies used by
NTMWD (Lake Tawakoni and/or Lake Fork) are in a Severe drought or Emergency.
o The supply from Lake Texoma, the East Fork Raw Water Supply Project, or some other
NTMWD source has become severely limited in availability.
o NTMWD water demand exceeds the amount that can be delivered to customers.
o NTMWD water demand for all or part of the delivery system seriously exceeds delivery
capacity because the delivery capacity is inadequate.
o NTMWD's supply source becomes contaminated.
o NTMWD's water supply system is unable to deliver water due to the failure or damage
of major water system components.
• Supplier's water demand exceeds the amount that can be delivered to customers.
• Supplier's water demand for all or part of the delivery system seriously exceeds delivery
capacity because the delivery capacity is inadequate.
• Supply source becomes contaminated.
• Supplier's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• Supplier's individual plan may be implemented if other criteria dictate.
4-11
Water Resource and Emergency Management Plan
• Stage 3 may terminate when NTMWD terminates its Stage 3 condition or when the
circumstances that caused the initiation of Stage 3 no longer prevail.
Goals for Use Reduction and Actions Available under Stage 3
The goal for water use reduction under Stage 3 is a reduction of whatever amount is necessary in the
amount of water obtained from NTMWD from the previous annual payment period prior to drought
restrictions. If circumstances warrant or if required by NTMWD, the City Manager, General Manager,
Mayor,Chief Executive,or official designee can set a goal for greater or lesser water use reduction.
The City Manager, General Manager, Mayor, Chief Executive, or official designee may order the
implementation of any or all of the actions listed below, as deemed necessary. Measures described as
"requires notification to TCEQ" impose mandatory requirements on member cities and customers. The
supplier must notify TCEQ and NTMWD within five business days if these measures are implemented.
• Continue or initiate any actions available under Stages 1, and 2.
• Notify wholesale customers of actions being taken and request them to implement similar
procedures.
• Implement viable alternative water supply strategies.
• Requires Notification to TCEQ—Initiate mandatory water use restrictions as follows:
o Hosing and washing of paved areas, buildings, structures, windows or other surfaces is
prohibited except by variance and performed by a professional service using high
efficiency equipment.
o Prohibit operation of ornamental fountains or ponds that use potable water except
where supporting aquatic life or water quality.
• Requires Notification to TCEQ — Prohibit new sod, hydro seeding, hydro mulching, and
sprigging.
• Requires Notification to TCEQ— Prohibit the use of potable water for the irrigation of new
landscaping.
• Requires Notification to TCEQ— Prohibit all commercial and residential landscape watering,
except that foundations and trees (within a ten foot radius of its trunk) may be watered for
two hours one day per week with a hand-held hose, a dedicated zone using a drip irrigation
4-12
Water Resource and Emergency Management Plan
system and/or soaker hose provided no runoff occurs. ET/Smart irrigation systems and drip
irrigation systems are not exempt from this requirement.
• Requires Notification to TCEQ— Prohibit washing of vehicles except at commercial vehicle
wash facilities.
• Requires Notification to TCEQ — Landscape watering of parks, golf courses, and athletic
fields with potable water is prohibited. Exception for golf course greens and tee boxes which
may be hand watered as needed. Variances may be granted by the water provider under
special circumstances.
• Requires Notification to TCEQ — Prohibit the filling, draining and refilling of existing
swimming pools and wading pools, except to maintain structural integrity, proper operation
and maintenance or to alleviate a public safety risk. Existing pools may add water to replace
losses from normal use and evaporation. Permitting of new swimming pools or wading pools
is prohibited.
• Requires Notification to TCEQ—Prohibit the operation of interactive water features such as
water sprays, dancing water jets, waterfalls, dumping buckets, shooting water cannons, or
splash pads that are maintained for public recreation.
• Requires Notification to TCEQ— Require all commercial water users to reduce water use by
a percentage established by the City Manager, General Manager, Mayor, Chief Executive, or
official designee.
• Requires Notification to TCEQ— If NTMWD has imposed a reduction in water available to
Member Cities and Customers, impose the same percent reduction on wholesale customers.
• Requires Notification to TCEQ- Initiate a rate surcharge for all water use over normal rates
for all water use.
4.4 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN
The City Manager, General Manager, Mayor, Chief Executive, or official designee may grant temporary
variances for existing water uses otherwise prohibited under this Water Resource and Emergency
Management Plan if one or more of the following conditions are met:
4-13
Water Resource and Emergency Management Plan
• Failure to grant such a variance would cause an emergency condition adversely affecting
health, sanitation, or fire safety for the public or the person or entity requesting the
variance.
• Compliance with this plan cannot be accomplished due to technical or other limitations.
• Alternative methods that achieve the same level of reduction in water use can be
implemented.
• Variances shall be granted or denied at the discretion of the City Manager, General
Manager, Mayor, Chief Executive, or official designee. All petitions for variances should be
in writing and should include the following information:
o Name and address of the petitioners
o Purpose of water use
o Specific provisions from which relief is requested
o Detailed statement of the adverse effect of the provision from which relief is requested
o Description of the relief requested
o Period of time for which the variance is sought
o Alternative measures that will be taken to reduce water use
o Other pertinent information.
4.5 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS
Mandatory water use restrictions may be imposed in Stage 1, Stage 2 and Stage 3 Water Resource and
Emergency Management Plan stages. These mandatory water use restrictions will be enforced by
warnings and penalties as follows:
• On the first violation customers will be given a written warning that they have
violated the mandatory water use restriction.
• On the second and subsequent violations citations may be issued to customers with
fines established by ordinance.
• On the third violation, a flow restrictor may be installed in the line to limit the amount of water
that passes through the meter.
• After the third violation,water service to the customer may be cut off.
4-14
Water Resource and Emergency Management Plan
Appendix D contains potential ordinances, resolutions, and orders that may be adopted by the city
council, board, or governing body approving the Water Resource and Emergency Management plan and
water response plan, including enforcement of same.
4.6 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND
NTMWD
Appendix C includes a copy of a letter sent to the Chairs of the Region C Water Planning Group and the
North East Texas Water Planning Group with this model Water Resource and Emergency Management
plan.
The suppliers will send a draft of its ordinance(s) or other regulation(s) implementing this plan to
NTMWD for their review and comment. The supplier will also send the final ordinance(s) or other
regulation(s)to NTMWD.
4.7 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY MANAGEMENT
PLAN
As required by TCEQ rules, Member Cities and Customers must review the Water Resource and
Emergency Management plan every five years. The plan will be updated as appropriate based on new
or updated information.
4-15
APPENDIX A
LIST OF REFERENCES
APPENDIX A
LIST OF REFERENCES
1. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter B, Rules 288.20 and
288.22, downloaded from
http:/Jinfo.sos.state.tx.us/pls/pub/readtacext.ViewTAC?tac view=4&ti=30&pt=1&ch=288,
June 2013
2. Freese and Nichols, Inc.: Model Water Resource Management Plan for NTMWD Members Cities
and Customers, prepared for the North Texas Municipal Water District, Fort Worth, October
2012.
3. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance
adopted August 16, 2012.
htt www.austintexas. ov sites default files files Water Conservation Plannin and Polic
ProposedCodeRevision DRAFT with watering schedule-8-15-2012.pdf
4. Definition from City of San Antonio Water Conservation Ordinance adopted 2005.
http://saws.org/conservation/ordinance/docs/Ch34 Ordinance 2009.pdf
5. Definition developed by Freese and Nichols, Inc.
6. Freese and Nichols, Inc.: Water Conservation and Drought Contingency and Water Emergency
Response Plan, prepared for North Texas Municipal Water District, Fort Worth, March 2008.
7. Texas Water Development Board, Texas Commission on Environmental Quality, Water
Conservation Advisory Council. "Guidance and Methodology for Water Conservation
Reporting.", December 2012.
8. Freese and Nichols, Inc., Alan Plummer and Associates, CP &Y Inc., Cooksey Communications,
"2011 Region C Water Plan".
A-2
APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON
DROUGHT CONTINGENCY PLANS
APPENDIX B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON
DROUGHT CONTINGENCY PLANS
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS,
GUIDELINES AND REQUIREMENTS
SUBCHAPTER B DROUGHT CONTINGENCY PLANS
RULE§288.20 Drought Contingency Plans for Municipal Uses by Public Water Suppliers
(a) A drought contingency plan for a retail public water supplier, where applicable, must include the
following minimum elements.
(1) Minimum requirements. Drought contingency plans must include the following minimum elements.
(A) Preparation of the plan shall include provisions to actively inform the public and affirmatively
provide opportunity for public input. Such acts may include, but are not limited to, having a public
meeting at a time and location convenient to the public and providing written notice to the public
concerning the proposed plan and meeting.
(B) Provisions shall be made for a program of continuing public education and information regarding
the drought contingency plan.
(C) The drought contingency plan must document coordination with the regional water planning
groups for the service area of the retail public water supplier to ensure consistency with the appropriate
approved regional water plans.
(D) The drought contingency plan must include a description of the information to be monitored by
the water supplier, and specific criteria for the initiation and termination of drought response stages,
accompanied by an explanation of the rationale or basis for such triggering criteria.
(E) The drought contingency plan must include drought or emergency response stages providing for
B-1
the implementation of measures in response to at least the following situations:
(i) reduction in available water supply up to a repeat of the drought of record;
(ii)water production or distribution system limitations;
(iii) supply source contamination; or
(iv)system outage due to the failure or damage of major water system components (e.g., pumps).
(F) The drought contingency plan must include specific, quantified targets for water use reductions to
be achieved during periods of water shortage and drought. The entity preparing the plan shall establish
the targets.The goals established by the entity under this subparagraph are not enforceable.
(G) The drought contingency plan must include the specific water supply or water demand
management measures to be implemented during each stage of the plan including, but not limited to,
the following:
(i) curtailment of non-essential water uses; and
(ii) utilization of alternative water sources and/or alternative delivery mechanisms with the prior
approval of the executive director as appropriate (e.g., interconnection with another water system,
temporary use of a non-municipal water supply, use of reclaimed water for non-potable purposes, etc.).
(H) The drought contingency plan must include the procedures to be followed for the initiation or
termination of each drought response stage, including procedures for notification of the public.
(I)The drought contingency plan must include procedures for granting variances to the plan.
(1) The drought contingency plan must include procedures for the enforcement of mandatory water
use restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of
service)for violations of such restrictions.
(2) Privately-owned water utilities. Privately-owned water utilities shall prepare a drought contingency
plan in accordance with this section and incorporate such plan into their tariff.
(3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply
from another water supplier shall consult with that supplier and shall include in the drought contingency
B-2
plan appropriate provisions for responding to reductions in that water supply.
(b) A wholesale or retail water supplier shall notify the executive director within five business days of
the implementation of any mandatory provisions of the drought contingency plan.
(c) The retail public water supplier shall review and update, as appropriate, the drought contingency
plan, at least every five years, based on new or updated information, such as the adoption or revision of
the regional water plan.
Source Note: The provisions of this §288.20 adopted to be effective February 21, 1999, 24
TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective
October 7, 2004, 29 TexReg 9384
B-3
APPENDIX C
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
APPENDIX C
LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS
Date
Region C Water Planning Group
c/o North Texas Municipal Water District
P.O. Box 2408
Wylie, TX 75098
Dear Sir:
Enclosed please find a copy of the Model Water Resource and Emergency Management Plan
(which is an update to the previous Drought Contingency and Water Emergency Response Plan)
for Member Cities and Customers of the North Texas Municipal Water District. I am submitting
a copy of this plan to the Region C Water Planning Group in accordance with the Texas Water
Development Board and Texas Commission on Environmental Quality rules. The Board of the
North Texas Municipal Water District adopted the updated model plan on _, 2014.
Sincerely,
James M. Parks, Executive Director
North Texas Municipal Water District
C-1
Date
Mr. Brett McCoy
Chair, Region DVV3te[ Planning Group
7OO [R3347
Omaha, TX75571
Dear Mr. McCoy:
Enclosed please find a copy of the recently updated Model Water Resource and Emergency
Management Plan for Member Cities and Customers of the North Texas Municipal Water
District. | am submitting a copy of this plan to the Region C Water Planning Group in
accordance with the Texas Water Development Board and Texas Commission on Environmental
Quality rules. The Board of the North Texas Municipal Water District adopted the updated
model plan on 20I4.
Sincerely,
JamneaM. Parks, Executive Director
North Texas Municipal Water District
[-2
APPENDIX D
ADOPTION OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN
APPENDIX D
ADOPTION OF WATER RESOURCE AND EMERGENCY MANAGEMENT
PLAN
Municipal Ordinance
Adopting Water Resource and Emergency Management Plan
Ordinance No.
AN ORDINANCE ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN FOR
THE CITY OF TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR
PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH
THE PROVISIONS OF THE WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN.
WHEREAS,the City of , Texas (the "City"), recognizes that the amount of water available to
its water customers is limited; and
WHEREAS, the City recognizes that due to natural limitations, drought conditions, system
failures and other acts of God which may occur, the City cannot guarantee an uninterrupted
water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental
Quality (the "Commission") require that the City adopt a Water Resource and Emergency
Management Plan; and
WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a
Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to
adopt such Ordinances necessary to preserve and conserve its water resources; and
D-1
WHEREAS,the City Council of the City of desires to adopt the North Texas Municipal Water
District (the "NTMWD") Model Water Resource and Emergency Management Plan as official City
policy for the conservation of water.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THAT:
Section 1. The City Council hereby approves and adopts the NTMWD Model Water Resource
and Emergency Management Plan (the "Plan"), attached hereto as Addendum A, as if recited
verbatim herein. The City commits to implement the requirements and procedures set forth in
the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to
comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars
($2,000.00) and/or discontinuance of water service by the City. Proof of a culpable mental state
is not required for a conviction of an offense under this section. Each day a customer fails to
comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil
relief available under the law is not limited by this section.
Section 3. The City Council does hereby find and declare that sufficient written notice of the
date, hour, place and subject of the meeting adopting this Ordinance was posted at a
designated place convenient to the public for the time required by law preceding the meeting,
that such place of posting was readily accessible at all times to the general public, and that all of
the foregoing was done as required by law at all times during which this Ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the posting thereof.
Section 4. Should any paragraph, sentence, clause, phrase or word of this Ordinance be
declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be
affected.
D-2
Section 5. The City Manager or his designee is hereby directed to file a copy of the Plan and this
Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas
Administrative Code.
Section 6. The City Secretary is hereby authorized and directed to cause publication of the
descriptive caption of this ordinance as an alternative method of publication provided by law.
Section 7. {If Applicable}Ordinance No. , adopted on , is hereby repealed.
Passed by the City Council on this day of ,
Mayor
Attest:
City Secretary
D-3
Municipal Utility District Order
Adopting Water Resource and Emergency Management Plan
Order No.
AN ORDER ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN FOR THE
MUNICIPAL UTILITY DISTRICT TO PROMOTE THE RESPONSIBLE USE OF WATER
AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR
NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN.
WHEREAS,the Municipal Utility District (the "District"), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the District recognizes that due to natural limitations, drought conditions, system
failures and other acts of God which may occur, the District cannot guarantee an uninterrupted
water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental
Quality (the "Commission") require that the District adopt a Water Resource and Emergency
Management Plan; and
WHEREAS,the District has determined an urgent need in the best interest of the public to adopt
a Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapter 49 of the Water Code, the District is authorized to adopt such
policies necessary to accomplish the purposes for which it was created, including but not limited
to the preservation and conservation of water resources; and
WHEREAS, the Board of Directors of the District desires to adopt the North Texas Municipal
Water District (the "NTMWD") Model Water Resource and Emergency Management Plan as
official District policy for the conservation of water.
D-4
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE
MUNICIPAL UTILITY DISTRICT THAT:
Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Water
Resource and Emergency Management Plan (the "Plan"), attached hereto as Addendum A, as if
recited verbatim herein. The District commits to implement the requirements and procedures
set forth in the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to
comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law,
and/or discontinuance of water service by the District. Proof of a culpable mental state is not
required for a conviction of an offense under this section. Each day a customer fails to comply
with the Plan is a separate violation. The District's authority to seek injunctive or other civil
relief available under the law is not limited by this section.
Section 3. The Board of Directors does hereby find and declare that sufficient written notice of
the date, hour, place and subject of the meeting adopting this Order was posted at a designated
place convenient to the public for the time required by law preceding the meeting, that such
place of posting was readily accessible at all times to the general public, and that all of the
foregoing was done as required by law at all times during which this Order and the subject
matter thereof has been discussed, considered and formally acted upon. The Board of Directors
further ratifies, approves and confirms such written notice and the posting thereof.
Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and
this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas
Administrative Code.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared
unconstitutional or invalid for any reason,the remainder of this Order shall not be affected.
Section 6. {If Applicable}Order No. , adopted on , is hereby repealed.
D-5
Approved and adopted by the Board of Directors on this day of .
President, Board of Directors
Attest:
Secretary
D-6
Special Utility District Order
Adopting Water Resource and Emergency Management Plan
Order No.
AN ORDER ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN FOR THE
SPECIAL UTILITY DISTRICT TO PROMOTE THE RESPONSIBLE USE OF WATER AND
TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR
NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN.
WHEREAS, the Special Utility District (the "District"), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the District recognizes that due to natural limitations, drought conditions, system
failures and other acts of God which may occur, the District cannot guarantee an uninterrupted
water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental
Quality (the "Commission") require that the District adopt a Water Resource and Emergency
Management Plan; and
WHEREAS,the District has determined an urgent need in the best interest of the public to adopt
a Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapter 65 of the Water Code, the District is authorized to adopt such
policies necessary to accomplish the purposes for which it was created, including but not limited
to the preservation and conservation of water resources; and
WHEREAS, the Board of Directors of the District desires to adopt the North Texas Municipal
Water District (the "NTMWD") Model Water Resource and Emergency Management Plan as
official District policy for the conservation of water.
D-7
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE SPECIAL
UTILITY DISTRICT THAT:
Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Water
Resource and Emergency Management Plan (the "Plan"), attached hereto as Addendum A, as if
recited verbatim herein. The District commits to implement the requirements and procedures
set forth in the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to
comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law,
and/or discontinuance of water service by the District. Proof of a culpable mental state is not
required for a conviction of an offense under this section. Each day a customer fails to comply
with the Plan is a separate violation. The District's authority to seek injunctive or other civil
relief available under the law is not limited by this section.
Section 3. The Board of Directors does hereby find and declare that sufficient written notice of
the date, hour, place and subject of the meeting adopting this Order was posted at a designated
place convenient to the public for the time required by law preceding the meeting, that such
place of posting was readily accessible at all times to the general public, and that all of the
foregoing was done as required by law at all times during which this Order and the subject
matter thereof has been discussed, considered and formally acted upon. The Board of Directors
further ratifies, approves and confirms such written notice and the posting thereof.
Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and
this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas
Administrative Code.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared
unconstitutional or invalid for any reason,the remainder of this Order shall not be affected.
Section 6. {If Applicable}Order No. , adopted on , is hereby repealed.
D-8
Approved and adopted by the Board of Directors on this day of .
President, Board of Directors
Attest:
Secretary
D-9
Water Supply Corporation Resolution
Adopting Water Resource and Emergency Management Plan
Resolution No.
A RESOLUTION ADOPTING A WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN FOR
THE WATER SUPPLY CORPORATION TO PROMOTE THE RESPONSIBLE USE OF
WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE
FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN.
WHEREAS,the Water Supply Corporation (the "WSC"), recognizes that the amount of
water available to its water customers is limited; and
WHEREAS, the WSC recognizes that due to natural limitations, drought conditions, system
failures and other acts of God which may occur, the WSC cannot guarantee an uninterrupted
water supply for all purposes at all times; and
WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental
Quality (the "Commission") require that the WSC adopt a Water Resource and Emergency
Management Plan; and
WHEREAS,the WSC has determined an urgent need in the best interest of the public to adopt a
Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapter 67 of the Water Code, the WSC is authorized to adopt such
policies necessary to preserve and conserve its water resources; and
WHEREAS,the Board of Directors of the WSC desires to adopt the North Texas Municipal Water
District (the "NTMWD") Model Water Resource and Emergency Management Plan as official
WSC policy for the conservation of water.
D-10
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WATER
SUPPLY CORPORATION THAT:
Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Water
Resource and Emergency Management Plan (the "Plan"), attached hereto as Addendum A, as if
recited verbatim herein. The WSC commits to implement the requirements and procedures set
forth in the adopted Plan.
Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to
comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law,
and/or discontinuance of water service by the WSC. Proof of a culpable mental state is not
required for a conviction of an offense under this section. Each day a customer fails to comply
with the Plan is a separate violation. The WSC's authority to seek injunctive or other civil relief
available under the law is not limited by this section.
Section 3. The Board of Directors does hereby find and declare that sufficient written notice of
the date, hour, place and subject of the meeting adopting this Resolution was posted at a
designated place convenient to the public for the time required by law preceding the meeting,
that such place of posting was readily accessible at all times to the general public, and that all of
the foregoing was done as required by law at all times during which this Resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The Board of
Directors further ratifies, approves and confirms such written notice and the posting thereof.
Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and
this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas
Administrative Code. Further,the Board of Directors hereby authorizes the General Manager or
his designee to file an amendment to the WSC's tariff to incorporate the Plan therein.
Section 5. Should any paragraph, sentence, clause, phrase or word of this Resolution be
declared unconstitutional or invalid for any reason,the remainder of this Resolution shall not be
affected.
D-11
Section 6. {If Applicable}Resolution No. , adopted on , is hereby repealed.
Approved and adopted by the on this day of .
President, Board of Directors
Attest:
Secretary
D-12
cte
Abe of n'nu rsLille Zimes - !Murphy Monitor - The Princeton Herald • 7'c `;adise. News - THE WYLIE NEWS
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 -16
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 C day of , 2014
to certify which witness my hand and seal of office.
t94 Sonia A. Duggan
�,_, Commission Expires
�a 09 -02 -2016
1481407 baa�w
Notary Public in r
The State of Texas %
My commission expires
NJ m hh�'Sa� htic A ��Iit Olficv -I II) N. Balla t(I - I'() Roy 369 - 1VYhi TX 7i09n - 972-1-12 -5 1 Git Q� 2442 4,18
Varmer,cills Prrnceturt 011u:c • IDI 5. tilain - P.O. Buy 512 Fmrnersv illy, IA 75442 -972 ?84 0397 - I'ar 972-782 7023
Ic
2S.
The 10 u file r Mlle T III cS - Murphv Monitor - The Princeton Herald News - THE WYLIE NEWS
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 -16
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 41ji 2014
to certify which witness my hand and seal of office.
y Sonia A. Duggan
Commission Expo
09 -02 -2016
411j,'Iii� 16'ImAt4&
Notary Public in add gr
The State of Texas
My commission expires
Morph% sachsc'/W'%,lie Office - 1 11) N_ Ballard - P.O Ros 309 - W. -IicA X 7i;098 - 972 - 412 551 S - lay 9T 1-12 -4318
Fanner.r111 :!Princcuirr 011icc - 101 S. Main- P.O. Bov 512 - FarmcrsN tile, I'X 75442 - 972 784 63,97 -tae 973- 782.7023
i June 4-5,2014
ORDINANCE
NO. 2014-16
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
REPEALING ' OR-
DINANCE NO.
2011 -24, CODI-
FIED AS DIVI-
SION 2 (DROUGHT
CONTINGENCY
PLAN) OF ARTI-
CLE IV (WATER)
OF CHAPTER
114 (UTRXnES)
OF THE WYLIE
CODE OF ORDI-
NANCES AND
ADOPTING A WA-
TER RESOURCE
AND FAIERGEN-
CY MANAGE-
MENT 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 �,�? :.Wl
PUBLICATION' ,
OF THE CAP- ".
TION HEREOF.
4 -1t- 269 -339