Ordinance 2002-18
ORDINANCE NO.dCDd.-- \~
AN ORDINANCE ADOPTING A CITY OF WYLIE DROUGHT CONTINGENCY
PLAN: PROVIDING A PENALTY OF NOT LESS THAN $100 PER DAY NOR
MORE THAN $1000 PER DAY FOR EACH DAY OF NON-COMPLIANCE AND/OR
DISCONNECIlON OF WATER SERVICES TO SUCH USERS BY THE CITY: A
PUBLIC NEED OF AN EMERGENCY NATURE FOR THE ADOPTION HEREOF
OF ONE READING: PROVIDING FOR PUBLICATION AND ORDAINING
OTHER MATTERS RELATED TO THE FOREGOING.
BE IT ORDAINED BY THE CITY OF WYLIE, TEXAS:
WHEREAS, the City Council has determined it in the best interest of the City of Wylie, Texas
to adopt a Water Conservation Plan and Drought Contingency Plan, and
WHEREAS, the City Staff has recommended that such Plan be adopted by the City
Council, and
WHEREAS, the City Council now desires to evidence its approval of the Drought
Contingency Plan and adopt such plan as an official policy of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WYLIE, TEXAS:
Section 1:
Approval of the Plan
The City Council hereby approves and adopts as the City's Drought Contingency Plan attached
hereto as Exlubit "A" to be included in full as a part of this Ordinance as if recited verbatim
herein. The City commits to implement the program according to the procedures set forth in
the adopted plan.
Section 2:
Reports
,\
.
The City shall report to the Texas Water Development Board annually on the implementation
and effectiveness of the plan in accordance with the outline set forth in the plan.
Section 3:
Threshold Conditions
In regards to implementation and enforcement of the Drought Contingency Plan, the City
Manager is designated as the official responsible for implementation and enforcement, and the
guidelines for threshold determinations as listed in the Plan are hereby adopted.
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In the event severe or critical conditions persist (as defined in the Plan) for an extended period
of time, the City may ration water usage and/or tenninate service to selected users of the
system in accordance with the following sequence of increasing priority:
(1) Recreational Users
(2) Commercial Users
(3) Industrial Users
(4) School Users
(5) Residential Users
(6) Hospitals, Public Health and Safety Facilities
Section 4.
Penaltv
Users of City water except for the City, that do not comply with Section 3 of this Ordinance
shall be subject to a penalty and fine of not less than $100.00 per day nor more than $1000.00
per day for each day of non-compliance and/or disconnection or discontinuance of water
services to such users by the City. The fines shall be as listed on Table B of the PIan.
Section 5:
Notice
The City Council finds and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a designated place convenient to the
public at the City Hall for the time requires by law preceding this meeting and that such place
of posting was readily accessible at all times to the general public; that all of the foregoing was
done as required by law; and that this meeting has been open to the public as required by law at
all times during which this Ordinance and the subject matter thereof has been discussed,
considered and fonnally acted upon.
The City Council further rectifies, approved and confirms such written notice and the contents
and posting thereof.
Section 6:
Effective Date
This ordinance shall become effective uponf>ublication.
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PASS~DAND APPROVED on this ---'2 day of d~
, 2002.
ATTEST:
\~~
Barbara SaJioas ~
City Secretary
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REVIEWED AS TO FORM & LEGALITY:
City Attorney
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.
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CITY OF WYLIE, TEXAS
DROUGHT CONTINGENCY PLAN
A. INTRODUCTION
The City of Wylie is a rapidly growing community with a current population of about 18,500.
There are a combined total of 353 industrial and commercial water customers within the City
that require large volumes of water for industrial uses. The City of Wylie obtains treated water
from the North Texas Municipal Water District and is a member City in the North Texas
Municipal Water District. The North Texas Municipal Water District (NTMWD) obtains raw
water from a number of sources that are delivered to Lake Lavon The NTMWD water
treatment plant is located in the City of Wylie.
The purpose of the Drought Contingency Plan is to establish methods and procedures to deal
with temporary situations of critical water supply. The stages in the Plan are specifically
identified as mild drought or limitations, moderate drought or limitations, severe drought or
limitations, and critical or emergency conditions. The critical or emergency conditions stage
includes contamination, or disaster conditions.
B. PUBLIC AND CITY INVOLVEMENT
The provisions of this Plan shall apply to all City of Wylie custorners including any future
amendments to the Plan as passed by the City Council of the City of Wylie.
Opportunity for public input into the Plan will be accomplished by publishing a notice in the
local newspaper about the Plan regarding a public meeting scheduled to seek public input. A
rough draft of the Plan was provided to the NTMWD for their review and comment.
.
Upon adoption of the Final Plan, an advertisement will be placed in the newspaper offering
a free copy for 30 days to any customer.
A copy of the Final Plan will also be provided to the North Texas Municipal Water
District.
The City will review the provisions of this plan and update the plan as appropriate or at
least once every five years.
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C. TIlRESHOLD CONDmONS
Four threshold conditions have been established for the critical situations listed above. The
City of Wylie will implement the drought contingency measures, to the degree necessary, when
conditions are met for any of these situations.
Essentially, for the threshold conditions to be met for any of these situations, the demand on
the water system must exceed, or threaten to exceed, the supply available. Therefore, one
critical element in this plan is to constantly be aware of the water supply available to the City of
Wylie.
The types of problems most likely to create a threshold condition, as descnbed above, include,
but are not limited to, the following:
Demand approaching or exceeding the total system capacity;
Demand approaching or exceeding the total delivery capacity of the provider (North
Texas Municipal Water District);
Contamination ofprovider's raw water source;
Mechanical or electrical failure at the water plant or pumping station(s);
A significant fluctuation in the groundwater table is detected;
Water levels in storage tanks are not being maintained at a level of at least 75% of their
capacity.
The following threshold conditions have been established for the City of Wylie to utilize in
determining the degree of urgency for initiation of the Drought Contingency Plan and for the
triggers for each stage of the plan. The thr.eshold conditions may be created by one or more of
the problems just descnbed or by other concUtions which may arise.
1. Mild Conditions Occur When:
Average daily water use reaches 900,10 of the system's finn pumping capacity.
Average daily water use reaches 90% of the production capacity and/or the contractual
amount of the water provider.
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2. Moderate Conditions Occur When:
Average daily water consumption reaches 95% of the system's :finn pumping capacity
for a period of three days.
Average daily water consumption reaches 95% of the production capacity and/or the
contractual amount of the water provider.
Water levels in ground and/or elevated storage facilities are not being maintained
(greater than 50% of full volume) during periods when the water plant is operating at
100% of its production capacity.
3. Severe Conditions Occur When:
Average daily water consumption reaches 100% of the system's total pumping capacity
(high service pumping capacity) for a period of three days.
Average daily water consumption exceeds 100% of the production capacity and/or the
contractual amount of the water provider.
Water levels in ground and/or elevated storage facilities are less than 25% of full
volume.
Water system fails due to acts of God (tornadoes, hurricanes, etc.) or man. Severe
conditions are reached innnediately upon detection.
4. Critical or Emergency Conditions Occur When:
Average daily water consumption reaches 100% of the system's total pumping capacity
(high service pumping capacity) for a period often days.
.
Average daily water consumption eiceeds 100% of the production capacity and/or the
contractual amount of the water provider.
Water levels in ground and/or elevated storage facilities are less than 15% of full
volume.
Water source is identified as contaminated by the supplier;
Water system fuils due to acts of God (tornadoes, hurricanes, etc.) or man. Critical or
emergency conditions are reached immediately upon detection.
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The City of Wylie may establish any threshold condition it deems appropriate. Drought
contingency measures outlined in this program, as well as additional measures, can be
implemented at any time. In emergency situations, the City of Wylie Manager bas the authority
to enact any of the conditions that might be appropriate. Also, demand conditions and water
supply conditions do not have to occur simuhaneously to invoke the threshold conditions.
D. DROUGHT CONTINGENCY MEASURES
The Drought Contingency Measures are outlined below and summarized on Table A.
1. Mild Conditions
The City of Wylie will place a Notice of Drought Contingency Plan Implementation in
the local newspaper to inform the public that the Stage 1 condition has been reached.
The Notice will include a list of Drought Contingency Plan Stage 2 Mandatory
Restrictions. Stage 1 restriction is to restrict watering from lOam to 7 p.m All
consumers will be requested to voluntarily limit watering to two days a week.
2. Moderate Conditions
The City of Wylie will place a Notice of Drought Contingency Plan Implementation
in the local newspaper to inform the public that the Stage 2 condition has been
reached. The Notice will include a list of Drought Contingency Plan Stage 3
Mandatory Restrictions. Stage 2 water use restrictions include the following:
a Watering time restriction from Stage I is continued.
b. All landscape and lawn watering using irrigation systems and hose end
sprinklers shall be limited to two days a week in accordance with the following
schedule:
.
.
Even Address: Monday & Thursday Odd Address: Tuesday & Friday
c. All City parks and golf courses supplied by the City will be required to restrict
watering to two days a week on the same basis.
d. All noncommercial vehicle washing shall be limited to the same two days a
week as required for watering.
e. Water deliveries to wholesale customers will be curtailed by use of rate of flow
controllers as provided in Texas Water Code ~ 11.039.
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3. Severe Conditions
The City of Wylie will place a Notice of Drought Contingency Plan Implementation
in the local newspaper to inform the public that the Stage 3 condition has been
reached. The Notice will include a list of Drought Contingency Plan Stage 4
Mandatory Restrictions. Stage 3 water use restrictions include the following:
a Watering time restriction from Stage 1 is continued.
b. All landscape and lawn watering using irrigation systems and hose end
sprinklers shall be limited to once every five days in accordance with the
following schedule:
Ending Number of Address Allowable Watering Dates
0&5 5, 10, 15,20,25 & 30
1 & 16 1, 6, 11, 16, 21 & 26
2&7 2,7, 12, 17,22 & 27
3&8 3,8, 13, 18,23 & 28
4&9 4,9, 14, 19,24 & 29
c. All City parks and golf courses supplied by the City will be required to restrict
watering to one out offive days on the same basis.
d. All noncorrnnercial vehicle washing shall be limited to the same one day out of
five as required for watering.
e. All hosing off pavement and other nonessential use is prolubited unless the City
grants a variance to allow such activities.
.
f. Water deliveries to wholesale customers will be curtailed by use of rate of flow
controllers as provided in Texas Water Code ~11.039.
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4. Critical or Emergency Conditions
The City of Wylie will provide for water to be trucked into the City in cases where
Critical or Emergency Conditions persist and it is determined that the health or
safety of the public requires that such measures be taken.
The City of Wylie will place a Notice of Drought Contingency Plan
Implementation in the local newspaper to inform the public that the Stage 4
condition has been reached. The Notice will include a list of Drought Contingency
Plan Stage 4 Mandatory Restrictions. Stage 4 water use restrictions include the
following:
a All landscape and lawn watering using irrigation systems and hose end
sprinklers shall be prolnbited until return to Stage 3 or lower without the City
granting a variance.
b. All vehicle washing is prolnbited until return to Stage 3 or lower without the
City granting a variance.
c. All hosing off pavement and other nonessential use is prolnbited unless the City
grants a variance to allow such activities.
d. All non-emergency uses of water are prolnbited unless the City grants a
variance to allow such activities.
e. Water deliveries to wholesale customers will be curtailed by use of rate offlow
controllers as provided in Texas Water Code ~11.039.
E. INFORMATION AND EDUCATION
.
To the extent poSSIble, the public should be advised of impending drought conditions prior to
the start of Drought Conditions Operations.
At each stage of Drought Conditions Operations, notice shall be provided as outlined in the
Plan and as shown in TABLE A, or as deemed appropriate by City Council.
Education operations will also include distnbution of information on how water users can
conserve water and lower utility costs.
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Public notifications will also be used to inform the public when Drought Conditions Operations
have changed the Stage of operations and when they have ended and water supply operations
have returned to normal
F. VARIANCES
After consideration of the impact on other water users, including emergency needs, the City
Manager may, in writing, grant a temporary variance, for a period not to exceed 14 days, to the
Contingency Plan Operations water use requirements provided by the Plan if it is determined
that failure to grant such variance would cause an emergency condition affecting the public
health, welfare or safety and if one or more of the following conditions are met:
1. Compliance with the Plan cannot be technically accomplished during the duration of
the water supply shortage or other condition for which the Plan is in effect.
2. Ahemative methods can be implemented that will achieve the same level of reduction
of treated water use.
3. Strict compliance with the Plan would resuh in catastrophic economic impact to a
business depending on the use of water for the purposes restricted by the Plan and an
acceptable plan is submitted to significantly reduce water usage and it is detennined by
the City Engineer that sufficient water resources are available for the requested
variance.
Customers requesting an exemption from the provisions of the Plan shall file a petition for
variance with the City Manager within 5 business days of the implementation of the Plan.
All petitions for variances shall be reviewed by the City Engineer and may only be
approved by the City Council. All petitions for variances shall include the following:
1. Name and address of the petitioner(~).
.'
2. Detailed statement with supporting data and information as to how the water use
restrictions' under the Plan adversely affects the petitioner or what damage or harm
will occur to the petitioner or others if the petitioner complies with the Plan.
3. Description of relief requested and a plan to significantly reduce water usage if
variance is sought under Section E as outlined in the Plan.
4. Period of time for which the variance is sought.
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5. Variance granted by the City of Wylie shall expire when the Plan is no longer in
effect.
No variance shall be retroactive or otherwise justify any violation of this plan occurring
prior to the issuance of the variance.
G. IMPLEMENTATION AND ENFORCEMENT
The City Manager with consultation with the City Council of the City of Wylie may
authorize Drought Conditions Operations in the City of Wylie when advised by City staff
that threshold conditions have been attained. The City Manager with consultation with
the City Council may also authorize Drought Conditions Operations as necessary due to
significant equipment failure, natural disaster or other cause that impacts the City of Wylie
water distnbution system.
After authorization by City Council, the City Manager will cause an advertisement to be
placed in the local newspaper to notify the public that the City will begin Drought
Conditions Operations and inform the public of the requirements and fines as each stage
begins and ends. For Stage 2 Operations an advertisement will be placed in the newspaper
and/or mailing a notice of Stage 2 and Stage 3 requirements and fines. For Stage 3
Operations an advertisement will be placed in the newspaper and/or mailing a notice with
public service announcements as deemed appropriate of Stage 3 and Stage 4 requirements
and fines. For Stage 4 Operations an advertisement will be placed in the newspaper
and/or mailing a notice with public service announcements as deemed appropriate of Stage
4 requirements and fines.
Once the authorization has been given, operations shall continue under the Drought
Contingency Plan, with progression from one stage to another as determined by the
appropriate trigger condition. Operations may be returned to normal procedures once the
,
trigger conditions have dissipated and by authorization of the City Council.
The City Council will pass Ordinances that set forth the fines and penalties included in the
Plan and authorize the issuance of citations for violations of the water use requirements
contained in the Plan.
The City will require every wholesale water contract entered into, extended or renewed after
adoption of the Plan to include a provision stating that in case of a shortage of water resuhing
from drought, the water to be distnbuted shall be divided in accordance with Texas Water
Code ~11.039.
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H. SEVERABILITY
It is hereby the intention of the City of Wylie that the sections, paragraphs, sentences, clauses,
phrases and tables or section of this Plan are severable and, if any phrase, paragraphs,
sentences, clauses, phrases and tables or section of this Plan shall be declared unconstitutional
by the valid judgment and decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining paragraphs, sentences, clauses, phrases
and tables or sections of this Plan, since the same would not have been enacted by the City of
Wylie without incorporation into this Plan of any such unconstitutional paragraphs, sentences,
clauses, phrases and tables or section.
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City of Wylie, Texas
Drought Contingency Plan
TABLE B - FINES
".ODroug..t RespOnse Stage --:c . Violation . .... '. . .~ ,:
'C ......' ' c '; " .< ......,;Fme.'. , : :.
1st Occurrence
Stage 1 Watering Time Restriction Minimum $100 and Maximum $250
Mild Drought or Limitations 2nd Occurrence & All Thereafter
Minimum $250/day and Maximum $500/day
1st Occurrence
Watering Time Restriction Minimum $100 and Maximum $250
2nd Occurrence & All Thereafter
Minimum $250/day and Maximum $500/day
Stage 2 1 st Occurrence
Moderate Drought or Limitations Minimum $250 and Maximum $500
Watering Day Restriction 2nd Occurrence & All Thereafter
Minimum $500/day and Maximum $lOOO/day
Vehicle Washing All Occurrences
Minimum $100 and Maximum $250
1st Occurrence
Watering Time Restriction Minimum $100 and Maximum $250
2nd Occurrence & All Thereafter
Minimum $250/day and Maximum $500/day
1 st Occurrence
Stage 3 Minimum $250 and Maximum $500
Severe Drought or Limitations Watering Day Restriction 2nd Occurrence & All Thereafter
Minimum $500/day and Maximum $lOOO/day
All Occurrences
Vehicle Washing Minimum $100 and Maximum $250
Hosing of Pavement & Buildings All Occurrences
Other Nonessential Use Minimum $100 and Maximum $250
All Occurrences
Watering Time Restriction Minimum $250/day and Maximum $500/day
All Occurrences
Watering Day Restriction Minimum $500/day and Maximum $lOOO/day
Stage 4 All Occurrences
Critical or Emergency Conditions Vehicle Washing Minimum $250 and Maximum $500
All Occurrences
Hosing of Pavement & Buildings Minimum $250 and Maximum $500
All Occurrences
All Other Non-Emergency Uses Minimum $250 and Maximum $500
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THE WYLIE NEWS
~~V~!~!L\1I~~~ac~t:,~~lrr!IY ami the surrounding area
110 N. Ballard St.
P.O. Box 369
Wylie, Texas 7509R
972.442.5515
Fax 972.442.431 R
STATE OF TEXAS
COUNTY Ol~ COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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
pubf~cat~on 06 o~d~nance~ 2002-12 th~ough 2002-20
was published in said newspaper on the following dates, to-wit:
Auq. 2 g
, 2002, and
,2002.
~/
Cha. j ~brock
Subscribed and sworn to before me this the 5th
to certify which witness my hand and seal of office.
day of
Sept.
, 2002,
4~ 9. &i
N tary Public in and for
e State of Texas
My Conlmission Expires
13/-05
2002-18
AN ORDINANCE
ADOPTING A CITY OF
WYLIE DROUGHT
CONTINGENCY PLAN;
PROVIDING FOR A
PENALTY OF NOT LESS
THAN S100 PER DAY
NOR MORE THAN
S1000 PER DAY FOR
EACH DAY OF NON-
COMPLIANCE AND/OR
DISCONNECTION OF
WATER SERVICES TO
SUCH USERS BY THE
CITY; A PUBLIC NEED
OF AN EMERGENCY
NATURE FOR THE
ADOPTION HEREOF OF
ONE READING: PRO-
VIDING FOR THE PUB-
LICATION AND
ORDAINING OTHER
MATTERS RELATED TO
THE FORGOING.
John Mondy, Mayor
Attest: Barbara Salinas
City Secretary