Ordinance 2014-21ORDINANCE NO. 2014-21
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE WYLIE CODE OF ORDINANCES, CHAPTER 114
(UTILITIES), ARTICLE IV (WATER), DIVISION 2 (DROUGHT
CONTINGENCY PROGRAM), SECTIONS 114 -97 (DROUGHT
CONTINGENCY AND WATER EMERGENCY RESPONSE
STAGES AND MEASURES) AND 114 -99 (PROCEDURES FOR
ENFORCING MANDATORY WATER USE RESTRICTIONS AND
COORDINATION WITH THE REGIONAL WATER PLANNING
GROUPS); EXTENDING LANDSCAPE WATERING
RESTRICTIONS; ESTABLISHING ENFORCEMENT MEASURES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING 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 ( "Wylie "), establishing a
Drought Contingency Plan ( "Drought Contingency Plan"); and
WHEREAS, the Drought Contingency Plan is codified in the Wylie Code of
Ordinances at Chapter 114 (Utilities), Article IV (Water), Division 2 (Drought
Contingency Program); and
WHEREAS, the City Council recently adopted Ordinance No. 2014 -16, which
conditionally repealed Ordinance No. 2011 -24; and
WHEREAS, under the terms of Ordinance No. 2014 -16, Ordinance No. 2014 -16
and the repeal of Ordinance No. 2011 -24 are not effective unless and until the drought
contingency or water emergency response stage in effect under the Drought Contingency
Plan terminates and a less restrictive stage is applicable ( "Ordinance No. 2014 -16
Effective Date "); and
WHEREAS, Ordinance No. 2011 -24 and the Drought Contingency Plan
established therein continue in full force and effect until the Ordinance No. 2014 -16
Effective Date pursuant to Ordinance No. 2014 -16; and
WHEREAS, Wylie has investigated and determined that it is an urgent need and
in the best interest of the public to modify the Drought Contingency Plan by extending
landscape watering restrictions and establishing enforcement measures; and
WHEREAS, the City Council has further investigated and determined that in
order to protect the public health, safety and welfare of Wylie and its citizens, Chapter
114 (Utilities), Article IV (Water), Division 2 (Drought Contingency Program), Sections
Ordinance No. 2014 -21 — Amending Drought Contingency Program &
Water Emergency Response Stages & Measures Page 1 of 6
114 -97 (Drought contingency and water emergency response stages and measures) and
114 -99 (Procedures for enforcing mandatory water use restrictions and coordination with
the regional water planning groups) of the Wylie Code of Ordinances should be amended
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
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: Amendment to the Code of Ordinances, Chapter 114 (Utilities),
Article IV (Water), Division 2 (Drought Contingency Program), Sections 114 -97
(Drought contingency and water emergency response stages and measure) and 114 -99
(Procedures for enforcing mandatory water use restrictions and coordination with the
regional water planning groups). The Code of Ordinances, Chapter 114 (Utilities),
Article IV (Water), Division 2 (Drought Contingency Program), Sections 114 -97
(Drought contingency and water emergency response stages and measures) and 114 -99
(Procedures for enforcing mandatory water use restrictions and coordination with the
regional water planning groups) is hereby amended as follows:
"CHAPTER 114. UTILITIES
ARTICLE IV. WATER
DIVISION 2. DROUGHT CONTINGENCY PROGRAM
Sec. 114 -97. Drought contingency and water emergency response stages
and measures.
(c) Stage 3.
(2) Goals for use reduction and actions available under stage 3.
b. The city manager, general manager, mayor, chief
executive, or official designee must implement any
action(s) required by NTMWD. In addition, the city
manager, general manager, mayor, chief executive, or
official designee may order the implementation of any of
the actions listed below, as deemed necessary. Measures
Ordinance No. 2014 -21 — Amending Drought Contingency Program &
Water Emergency Response Stages & Measures Page 2 of 6
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:
11. Requires Notification to TCEQ - Limit
landscape watering with sprinklers or
irrigation systems between November 1 and
October 31 to once every two weeks. The
watering day shall be set by the City of
Wylie. An exception is allowed for
landscape associated with new construction
that may be watered as necessary for 30
days from the date of the certificate of
occupancy, temporary certificate of
occupancy, or certificate of completion.
Sec. 114 -99. Procedures for enforcing mandatory water use restrictions and
coordination with the regional water planning groups.
(a) Procedures for enforcing this Drought Contingency Plan.
(1) A person violates this Drought Contingency Plan if the person
knowingly or intentionally uses water, or permits the use of water,
provided by the City of Wylie in a manner contrary to any
provision of this Drought Contingency Plan, or in an amount in
excess of that permitted by the drought contingency and water
emergency response stages in effect at the time of such use.
(2) Any person who violates this Drought Contingency Plan shall be
subject to the following penalties:
a. On the first violation, a person will be given a written
warning.
b. On the second violation and each subsequent violation
thereafter, a citation may be issued to the person, with fines
established by ordinance.
Ordinance No. 2014 -21 — Amending Drought Contingency Program &
Water Emergency Response Stages & Measures Page 3 of 6
C. If a person is convicted of three or more violations, a flow
restrictor may be installed to limit the amount of water that
passes through the water meter of the property where the
violations occurred or originated.
d. If a person is convicted of four or more violations, water
service to the property where the violations occurred or
originated may be discontinued. Services discontinued
under such circumstances shall be restored only upon
payment of a re- connection charge, hereby established at
FIVE HUNDRED AND 00 /100 DOLLARS ($500.00), and
any other costs incurred by the City of Wylie in
discontinuing service. In addition, suitable assurance must
be given to the City Manager that the same action shall not
be repeated while the Drought Contingency Plan is in
effect.
e. In addition to the foregoing, compliance may also be
sought through injunctive relief in a court of competent
jurisdiction.
(3) Any person in apparent control of the property where a violation
occurs or originates shall be presumed to be the violator, and proof
that the violation occurred on the person's property shall constitute
a rebuttable presumption that the person in apparent control of the
property committed the violation, but any such person shall have
the right to show that he /she /it did not commit the violation. A
parent shall be presumed to be responsible for violations of his or
her minor child and proof that a violation, committed by a minor
child, occurred on property within the parent's control shall
constitute a rebuttable presumption that the parent committed the
violation, but any such parent may be excused if he or she proves
that he or she had previously directed the minor child not to use the
water as it was used in violation of this Drought Contingency Plan
and that the parent could not have reasonably known of the
violation.
SECTION 3: Penalty. Any person who violates this Ordinance or Ordinance
No. 2011 -24 shall be deemed guilty of a misdemeanor and on conviction thereof shall be
fined a sum not exceeding TWO THOUSAND AND 00 /100 DOLLARS ($2,000.00)
and/or shall be assessed the sanctions as provided in Section 2 above, which are
incorporated herein by reference for all purposes. Each day that one or more of the
provisions of this Ordinance or Ordinance No. 2011 -24 is violated shall constitute a
Ordinance No. 2014 -21 — Amending Drought Contingency Program &
Water Emergency Response Stages & Measures Page 4 of 6
separate offense. 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 4: Savings/Repealing. The Code of Ordinances shall remain in full
force and effect, save and except as amended by this or any other ordinance. 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 5: Severability. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional and/or invalid by a court of
competent jurisdiction, it is expressly provided that any and all remaining portions of this
Ordinance shall remain in full force and effect. Wylie hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless
of whether any one or more sections, subsections, sentences, clauses or phrases is
declared unconstitutional and/or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and
after its passage and publication as required by the City Charter and by law.
[The remainder of this page intentionally left blank.]
Ordinance No. 2014 -21 — Amending Drought Contingency Program &
Water Emergency Response Stages & Measures Page 5 of 6
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, on this I Oh day of June, 2014.
14� 1 �
Eric Hogue, Ma or
ATTESTED TO AND CORRECTLY
RECORDED BY:
lo Ehrlich, Uty Secretary
Date(s) of Publication: June 18, 2014 in the Wylie News
0
r" v-
��TATE OF TEXj
Ordinance No. 2014 -21 — Amending Drought Contingency Program &
Water Emergency Response Stages & Measures Page 6 of 6
C &S
MOM
TI)e lfarnu>rslrille Fumes - Murphv Monitor - 'The Princeton Herald • News - THE WYLIE YEWS
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 -21
was published in said newspaper on the following dates, to -wit:
June 18, 2014
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of '2014
to certify which witness my hand and seal of of ice.
�°R °W4 Sonia A. Duggan
� _y Commission Expires
,k "o� 09 -02 -2016
Notary Public ' for
The State of Texas
My commission expires Cv_a
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June 18 -19, 2014
ORDINANCE
NO. 2014-21
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
AMENDING THE
WYLIE CODE OF
ORDINANCES,
CHAPTER 114
(UTILITIES), AR-
TICLE IV (WA-
TER), DIVISION 2
(DROUGHT CON-
TINGENCY PRO-
GRAM), SECTIONS
114 -97 (DROUGHT
CONTINGEN-
CY AND WATER
EMERGENCY RE-
SPONSE STAGES
AND MEASURES)
AND 114 -99 (PRO-
CEDURES FOR EN-
FORCING MANDA-
TORY WATER USE
RESTRICTIONS
AND COORDINA-
TION WITH THE
REGIONAL WA-
TER PLANNING
GROUPS); EX-
TENDING LAND-
SCAPE WATERING
RESTRICTIONS;
ESTABj.jSHING
ENFO "
NT
EMPRO-
R A
VID, THE
ABILITY CLAUS-
ES; PROVIDING,
FOR AN EFFEC-
TIVE DATE OF
THIS ORDINANCE;
AND PROVIDING
FOR THE PUBLI-
CATION OF THE
CAPTION HEREOF.
6 -1024 -339