Ordinance 2011-24 ORDINANCE N0. 2011-24
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NOS. 2002-18, 2006-32, 2006-41 AND 2007-17 AND
REPEALING DIVISION 2 (DROUGHT CONTINGENCY
PROGRAM) OF ARTICLE IV (WATER) OF CHAPTER 114
(UTILITIES) OF THE WYLIE CODE OF ORDINANCES AND
ADOPTING THE NORTH TEXAS MUNICIPAL WATER DISTRICT
MODEL DROUGHT CONTINGENCY PLAN AS DIVISION 2
(DROUGHT CONTINGENCY PLAN) OF ARTICLE IV (WATER)
OF CHAPTER 114 (UTILITIES) TO THE WYLIE CODE OF
ORDINANCES; 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") has
previously adopted Ordinance No. 2002-18 of the City of Wylie ("W.�") establishing a
Drought Contingency Plan, which was subsequently amended by Ordinance Nos. 2006-
�
32, 2006-41 and 2007-17 ("Drought Contingency Plan"); and
WHEREAS, the Drought Contingency Plan was codified as Division 2 (Drought
Contingency Program) of Article IV (Water) of Chapter 114 (Utilities) in the Wylie Code
of Ordinances; and
WHEREAS, Wylie recognizes that the amount of water available to its customers
is limited; and
WHEREAS, Wylie has determined an urgent need and in the best interest of the
public to repeal the existing Drought Contingency Plan and adopt the plan as set forth
below; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to repeal Ordinance Nos. 2002-18,
2006-32, 2006-41 and 2007-17 in their entirety and repeal Division 2 (Drought
Contingency Program) of Article N (Water) of Chapter 114 (Utilities) in the Wylie Code
of Ordinances and adopt a Drought Contingency Plan for Wylie by replacing it with the
North Texas Municipal Water District and by adopting Division 2 (Drought Contingency
Plan) of Article IV (Water) of Chapter ll4 (Utilities)to the Wylie Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
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SECTION 1: Findin�s Incorporated. The findings set forth above are �
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Ordinance Nos. 2002-18, 2006-32, 2006-41 and 2007-17 Re,pealed.
Wylie Ordinance Nos. 2002-18, 2006-32, 2006-41 and 2007-17 are repealed in their
entirety and replaced by this Ordinance. The effective date of the repeal discussed in this
Section shall not occur until the effective date of this Ordinance at which time Ordinance
Nos. 2002-18, 2006-32, 2006-41 and 2007-17 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 Nos. 2002-18, 2006-32, 2006-41
and 2007-17 occurring before the effective date of this.
SECTION 3: Adoption of Division 2 (Drought Contingency Plan) of Article IV
(Water) of Chapter 114 (Utilities) to the Wvlie Code of Ordinances. Division 2 (Drought
Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities), attached hereto as
Exhibit "A" and incorporated herein for all purposes, is hereby adopted to the Wylie
Code of Ordinances.
SECTION 4: Penalty Provision. Any, person, firm, corporation or entity that
violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the
violation relates to the public health and sanitation, otherwise the fine shall be a sum not
exceeding five hundred dollars ($500.00). Each continuing day's violation shall --
constitute a separate offense. The penal provisions imposed under this Ordinance shall
not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights
and remedies available to it pursuant to local, state and federal law.
SECTION 5: Savin�s/Repealing Clause. 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 6: Severabilitv. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional 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 irrespective of the fact
that any one or more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and
after its passage and publication as required by the City Charter and by law.
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS, on this 11 day of October, 20l 1.
+ /�/
� V
Eric Hogue,Mayor
ATTESTED AND �_
co Y�co � pF �
�
`1.���!'-c.�- �,�
Car le Ehrlich, 'ty Secretary �
o.
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,�8d7�
�
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EXHIBIT"A"
DROUGHT CONTINGENCY PLAN
. . 5,'�:'.t',k
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DIVISION 2: DROUGHT CONTINGENCY PLAN
Sec. 114-91. Introduction and objectives.
(a) Water supply has always been a key issue in the development of Texas. In
recent years,the growing population and economic development of North Central Texas has
led to increasing demands for water supplies. At the same time, local and less expensive
sources of water supply are largely developed. Additional supplies to meet higher demands
will be expensive and difficult to develop. It is therefore important that NTMWD and its
Member Cities and Customers make the most efficient use of existing supplies. This will
delay the need for new supplies, minimize the environmental impacts associated with
developing new supplies,and delay the high cost of additional water supply development.
Recognizing the need for efficient use of existing water supplies, the Texas
Commission on Environmental Quality (TCEQ) has developed guidelines and requirements
governing the development of water conservation and drought contingency plans for public
water suppliers. 1°2 TCEQ guidelines and requirements are included in Appendix B. T'he
best management practices established by the Water Conservation Implementation Task
Force 3, established pursuant to SB 1094 by the 78�' Legislature, were also considered in the
development of the water conservation measures. The North Texas Municipal Water
District (NTMWD) has developed this model water conservation and drought contingency
and water emergency response plan for its Member Cities and Customers following TCEQ
"�"'" guidelines and requirements. This model water conservation and drought contingency and
water emergency response plan was developed in concert with the NTMWD's water
conservation and drought contingency and water emergency response plan. 4 T'his model
water conservation and drought contingency and water emergency response plan replaces
the model plans dated August 2004 and April 2006.
The water conservation sections of this plan include measures that are intended to
result in ongoing, long-term water savings. The drought contingency and water emergency
response sections of this plan address strategies designed to temporarily reduce water use in
response to specific conditions.
(b) The objectives of this model water conservation plan are as follows:
(1) To reduce water consumption from the levels that would prevail without
conservation efforts.
(2) To reduce the loss and waste of water.
(3) To improve efficiency in the use of water.
' Superscripted numbers match references listed in Appendix A.
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(4) To document the level of recycling and reuse in the water supply.
(5) To extend the life of current water supplies by reducing the rate of growth
in demand.
(c) The water conservation plan presented in this document is a model water
conservation plan intended for adoption by the NTMWD Member Cities and Customers. In
order to adopt this plan, each Member City and Customer will need to do the following:
(1) Complete the water utility profile(provided in Appendix C).
(2) Complete the annual water conservation implementation report(in Appendix
I).
(3) Set five-year and ten-year goals for per capita water use.
(4) Adopt ordinance(s)or regulation(s)approving the model plan.
The water utility profile, goals, and ordinance(s) or regulations should be provided
to NTMWD in draft form for review and comments. Final adopted versions should also be
provided to NTMWD,as well as TCEQ.
This model plan includes all of the elements required by TCEQ. Some elements of
this model plan go beyond TCEQ requirements. Any water supplier wishing to adjust
elements of the plan should coordinate with NTMWD. -.�-..
To the extent this model plan conflicts with any other drought contingency plans
now existing or in the future adopted by the City,this model plan shall control.
All appendices referenced herein are available for review upon request at the office
of the City of Wylie Engineer.
Sec. 114-92. Texas Commission on Environmental Quality Rules
(a) Drought Contingency Plans. 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
and water emergency response 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."Z
Sec. 114-93. Drought Contingency and Water Emergency Response Plan
(a) Introduction. The purpose of this model drought contingency and water
emergency response plan is as follows:
(1) To conserve the available water supply in times of drought and emergency
(2) To maintain supplies for domestic water use, sanitation,and fire protection �
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� (3) To protect and preserve public health,welfare,and safety
(4) To minimize the adverse impacts of water supply shortages
(5) To minimize the adverse impacts of emergency water supply conditions.
(b) The NTMWD supplies treated water to its Member Cities and Customers.
This model plan was developed by NTMWD in consultation with its Member Cities. 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 drought stages initiated by NTMWD during a drought or water supply emergency.
Member Cities and Customers may also adopt more stringent drought or water emergency
response stages than NTMWD if conditions warrant.
(c) A drought is defined as 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. In the absence of drought response
measures, water demands tend to increase during a drought due to the need for additional
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.
(d) State Requirements for Drought Contingency and Water Emergency
Response Plans. This model drought contingency and water emergency response plan is
consistent with Texas Commission on Environmental Quality guidelines and requirements
for the development of drought contingency plans for public water suppliers, contained in
Title 30,Part 1, Chapter 288, Subchapter B,Rule 288.20 of the Texas Administrative Code.2
This rule is contained in Appendix B.
(1) Minimum Requirements. TCEQ's minimum requirements for drought
contingency plans are addressed in the following subsections of this report:
a. 288.20(a)(1)(A) — Provisions to Inform the Public and Provide
Opportunity for Public Input—Section 3.3
b. 288.20(a)(1)(B) — Provisions for Continuing Public Education and
Information—Section 3.4
c. 288.20(a)(1)(C) — Coordination with the Regional Water Planning
Group—Section 3.9
d. 288.20(a)(1)(D)— Criteria for Initiation and Termination of Drought
Stages—Section 3.5
e. 288.20(a)(1)(E) — Drought and Emergency Response Stages —
Section 3.6
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f. 288.20(a)(1)(F) — Specific, Quantified Targets far Water Use �`
Reductions—Section 3.6
g. 288.20(a)(1)(G) — Water Supply and Demand Management
Measures for Each Stage—Section 3.6
h. 288.20(a)(1)(H) — Procedures for Initiation and Termination of
Drought Stages—Section 3.5
i. 288.20(a)(1)(I)-Procedures for Granting Variances—Section 3.7
j. 288.20(a)(1)(� - Procedures for Enforcement of Mandatory
Restrictions—Section 3.8
k. 288.20(a)(3) — Consultation with Wholesale Supplier — Sections l,
3.1, 3.5,and 3.6
l. 288.20(b) —Notification of Implementation of Mandatory Measures
—Section 3.5
m. 288.20(c)—Review and Update of Plan—Section 3.10
Sec. 114-94. Provisions to Inform the Public and Opportunity for Public Input
(a) Member Cities and Customers will provide opportunity for public input in
the development of this drought contingency and water emergency response plan by the
following means: ......,
(l) 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).
(2) Making the draft plan available on the supplier's web site (if available).
(3) Providing the draft plan to anyone requesting a copy.
(4) Holding a public meeting.
Sec. 114-95. Provisions for Continuing Public Education and Information
(a) Member Cities and Customers will inform and educate the public about the
drought contingency and water emergency response plan by the following means:
(1) Preparing a bulletin describing the plan and making it available at city hall
and other appropriate locations.
(2) Making the plan available to the public through the supplier's web site (if
available).
(3) Including information about the drought contingency and water emergency
response plan on the supplier's web site(if available).
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(4) Notifying local organizations, schools, and civic groups that staff are
available to make presentations on the drought contingency and water
emergency response plan(usually in conjunction with presentations on water
conservation programs).
(b) At any time that the drought contingency and water emergency response
plan is activated or the drought stage or water emergency response stage changes, Member
Cities and Customers will notify local media of the issues, the drought response stage or
water emergency response 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.
Sec. 114-96. Initiation and Termination of Drought or Water Emergency Response
Stages
(a) Initiation of a Drought or Water Emergency Response Stage.
(1) The City Manager, General Manager, Mayor, Chief Executive, or official
designee may order the implementation of a drought or water emergency
response stage when one or more of the trigger conditions for that stage is
met. The following actions will be taken when a drought or water
emergency response stage is initiated:
F� a. The public will be notified through local media and the supplier's
web site (if available)as described in Section 3.2.
b. 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 drought/water emergency response stage.
c. If any mandatory provisions of the drought contingency and water
emergency response 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.
(2) Drought contingency/water emergency response 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 drought response 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.
� (b) Termination of a Drought/Water Emergency Response Stage.
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(1) The City Manager, General Manager, Mayor, Chief Executive, or official �
designee may order the termination of a drought or water emergency
response stage when the conditions for termination are met or at their
discretion. The following actions will be taken when a drought or
emergency response stage is terminated:
a. The public will be notified through local media and the supplier's
web site (if available)as described in Section 3.2.
b. Wholesale customers (if any) and the NTMWD will be notified by e-
mail with a follow-up letter or fax.
c. If any mandatory provisions of the drought contingency and water
emergency response 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.
(2) The City Manager, General Manager, Mayor, Chief Executive, or official
designee may decide not to order the termination of a drought or water
emergency response 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 drought
stage. The reason for this decision should be documented. `�'°
Sec. 114-97. Drought Contingency and Water Emergency Response Stages and
Measures.
(a) Stage 1.
(1) Initiation and Termination Conditions for Stage 1.
a. The NTMWD has initiated Stage 1, which may be initiated due to
one or more of the following:
1. The NTMWD Executive Director, with the concurrence of
the NTMWD Board of Directors, finds that conditions
warrant the declaration of Stage 1.
2. Water demand is projected to approach the limit of the
permitted supply.
3. The storage in Lavon Lake is less than 65 percent of the total
conservation pool capacity.
4. NTMWD's storage in Jim Chapman Lake is less than 65
percent of NTMWD's total conservation pool capacity.
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5. 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.
6. 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.
7. NTMWD water demand exceeds 90 percent of the amount
that can be delivered to customers for three consecutive days.
8. Water demand for all or part of NTMWD's delivery system
approaches delivery capacity because delivery capacity is
inadequate.
9. NTMWD's supply source becomes contaminated.
10. NTMWD's water supply system is unable to deliver water
due to the failure or damage of major water system
components.
b. Supplier's water demand exceeds 90 percent of the amount that can
be delivered to customers for three consecutive days.
c. Supplier's water demand for all or part of the delivery system
�
approaches delivery capacity because delivery capacity is
inadequate.
d. Supply source becomes contaminated.
e. Supplier's water supply system is unable to deliver water due to the
failure or damage of major water system components.
f. 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.
(2) Goal for Use Reduction and Actions Available under Stage 1. Stage 1 is
intended to raise public awareness of potential drought or water emergency
problems. The goal for water use reduction under Stage 1 is a two percent
reduction in the amount of water produced by NTMWD. 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:
a. Request voluntary reductions in water use by the public and by
wholesale customers.
b. Notify wholesale customers of actions being taken and request
"'�°" implementation of similar procedures.
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c. Increase public education efforts on ways to reduce water use. �
d. Review the problems that caused the initiation of Stage 1.
e. Intensify efforts on leak detection and repair.
£ Reduce non-essential city government water use. (Examples include
street cleaning, vehicle washing, operation of ornamental fountains,
etc.)
g. Notify major water users and work with them to achieve voluntary
water use reductions.
h. Reduce city government water use for landscape irrigation.
i. Ask the public to follow voluntary landscape watering schedules.
(b) Stage 2
(1) Initiation and Termination Conditions for Stage 2.
a. The NTMWD has initiated Stage 2, which may be initiated due to
one or more of the following:
1. The NTMWD Executive Director, with the concurrence of
the NTMWD Board of Directors, finds that conditions
warrant the declaration of Stage 2.
2. Water demand is projected to approach the limit of the �
permitted supply.
3. The storage in Lavon Lake is less than 55 percent of the total
conservation pool capacity.
4. NTMWD's storage in Jim Chapman Lake is less than 55
percent of NTMWD's total conservation pool capacity.
5. 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.
6. 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 3 months.
7. NTMWD water demand exceeds 95 percent of the amount
that can be delivered to customers for three consecutive days.
8. NTMWD water demand for all or part of the delivery system
equals delivery capacity because delivery capacity is
inadequate.
9. NTMWD's supply source becomes contaminated.
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�
10. NTMWD's water supply system is unable to deliver water
due to the failure or damage of major water system
components.
b. Supplier's water demand exceeds 95 percent of the amount that can
be delivered to customers for three consecutive days.
c. Supplier's water demand for all or part of the delivery system equals
delivery capacity because delivery capacity is inadequate.
d. Supply source becomes contaminated.
e. Supplier's water supply system is unable to deliver water due to the
failure or damage of major water system components.
f. 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.
(2) Goal for Use Reduction and Actions Available under Stage 2. The goal for
water use reduction under Stage 2 is a five percent reduction in the amount
� of water produced by NTMWD. If circumstances warrant or if required by
NTMWD, the City Manager, General Manager, Mayor, Chief Executive, or
of�icial designee can set a �oal for �reater water use reduction. 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 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:
a. Continue or initiate any actions available under Stage 1.
b. Notify wholesale customers of actions being taken and request them
to implement similar procedures.
a Initiate engineering studies to evaluate alternatives should conditions
worsen.
d. Further accelerate public education efforts on ways to reduce water
use.
e. Halt non-essential city government water use. (Examples include
street cleaning, vehicle washing, operation of ornamental fountains,
etc.)
f. Encourage the public to wait until the current drought or emergency
situation has passed before establishing new landscaping.
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(3) Requires Notification to TCEQ - Limit landscape watering with sprinklers �
or irrigation systems to no more than two days per week. The watering
days shall be on the customer's trash day and three days thereafter unless
otherwise 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. An exemption is also
allowed for registered and properly functioning ET/Smart irrigation
systems and drip irrigation systems, which do not have restrictions to the
number of days per week of operation.
(4) Requires Notification to TCEQ - Restrict landscape and lawn irrigation
from 10 AM to 6 PM beginning April 1 through October 31 of each year.
(5) Requires Notification to TCEQ - Prohibit planting of cool season grasses
(such as rye grass or other similar grasses)that intensify cool season water
requirements.
(c) Stage 3.
(1) Initiation and Termination Conditions for Stage 3.
a. The NTMWD has initiated Stage 3, which may be initiated due to
one or more of the following:
1. The NTMWD Executive Director, with the concurrence of
the NTMWD Board of Directors, finds that conditions �
warrant the declaration of Stage 3.
2. Water demand is projected to approach or exceed the limit of
the permitted supply.
3. The storage in Lavon Lake is less than 45 percent of the total
conservation pool capacity.
4. NTMWD's storage in Jim Chapman Lake is less than 45
percent of NTMWD's total conservation pool capacity.
5. 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 3.)
6. The supply from Lake Texoma, the East Fork Raw Water
Supply Project, or some other NTMWD source has become
limited in availability.
7. NTMWD water demand exceeds 98 percent of the amount
that can be delivered to customers for three consecutive days.
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8. NTMWD water demand for all or part of the delivery system
exceeds delivery capacity because delivery capacity is
inadequate.
9. NTMWD's supply source becomes contaminated.
10. NTMWD's water supply system is unable to deliver water
due to the failure or damage of major water system
components.
b. Supplier's water demand exceeds 98 percent of the amount that can
be delivered to customers for three consecutive days.
c. Supplier's water demand for all or part of the delivery system
exceeds delivery capacity because delivery capacity is inadequate.
d. Supply source becomes contaminated.
e. Supplier's water supply system is unable to deliver water due to the
failure or damage of major water system components.
f. Supplier's individual plan may be implemented if other criteria
dictate.
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.
(2) Goals for Use Reduction and Actions Available under Stage 3.
a. The goal for water use reduction under Stage 3 is a reduction of ten
percent in the amount of water obtained from NTMWD. If
circumstances warrant or if required by NTMWD,the City Manager,
General Manager, Mayor, Chief Executive, or official designee can
set a goal for a greater water use reduction.
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
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:
1. Continue or initiate any actions available under Stages 1 and
2.
,�,�„ 2. Notify wholesale customers of actions being taken and
request them to implement similar procedures.
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3. Implement viable alternative water supply strategies. �
4. Requires Notification to TCEQ — Initiate mandatory water
use restrictions as follows:
i. Prohibit hosing of paved areas, buildings, or
windows. (Pressure washing of impervious surfaces
is allowed.)
ii. Prohibit operation of all ornamental fountains or
other amenity impoundments to the extent they use
treated water.
iii. Prohibit washing or rinsing of vehicles by hose
except with a hose end cutoff nozzle.
iv. Prohibit using water in such a manner as to allow
runoff or other waste.
5. Requires Notification to TCEQ - Limit landscape watering
with sprinklers or irrigation systems at each service address
to once every seven days. The watering day shall be on the
customer's trash day unless otherwise set by the City of
Wylie. Exceptions are as follows:
6. Foundations, new landscaping, new plantings (first year) of
shrubs, and trees may be watered for up to 2 hours on any
day by a hand-held hose, a soaker hose, or a dedicated zone
using a drip irrigation system. �'
7. Golf courses may water greens and tee boxes without
restrictions.
8. Public athletic fields used for competition may be watered
twice per week.
9. Locations using other sources of water supply for irrigation
may irrigate without restrictions.
10. Registered and properly functioning ET/Smart irrigation
systems and drip irrigation systems may irrigate without
restrictions.
11. Requires Notification to TCEQ - Limit landscape watering
with sprinklers or irrigation systems between November 1
and March 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.
12. Requires Notification to TCEQ — Prohibit hydroseeding,
hydromulching, and sprigging. �
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13. Requires Notification to TCEQ —Existing swimming pools
may not be drained and refilled (except to replace normal
water loss).
14. Requires Notification to TCEQ - Initiate a rate surcharge as
requested by NTMWD.
15. Requires Notification to TCEQ - Initiate a rate surcharge
for all water use over a certain level.
16. 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.
17. Requires Notification to TCEQ — Prohibit watering of golf
courses using treated water, except as needed to keep
greens and tee boxes alive.
(d) Stage 4
(1) Initiation and Termination Conditions for Stage 4.
a. The NTMWD has initiated Stage 4, which may be initiated due to
�� one or more of the following:
1. The NTMWD Executive Director, with the concurrence of
the NTMWD Board of Directors, finds that conditions
warrant the declaration of Stage 4.
2. Water demand is projected to approach or exceed the limit of
the permitted supply.
3. The storage in Lavon Lake is less than 35 percent of the total
conservation pool capacity.
4. NTMWD's storage in Jim Chapman Lake is less than 35
percent of NTMWD's total conservation pool capacity.
5. 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.
6. The supply from Lake Texoma, the East Fork Raw Water
Supply Project, or some other NTMWD source has become
severely limited in availability.
7. NTMWD water demand exceeds the amount that can be
delivered to customers.
8. NTMWD water demand for all or part of the delivery system
�,,� seriously exceeds delivery capacity because the delivery
capacity is inadequate.
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9. NTMWD's supply source becomes contaminated. �
10. NTMWD's water supply system is unable to deliver water
due to the failure or damage of major water system
components.
b. Supplier's water demand exceeds the amount that can be delivered
to customers.
c. Supplier's water demand for all or part of the delivery system
seriously exceeds delivery capacity because the delivery capacity
is inadequate.
d. Supply source becomes contaminated.
e. 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 4 may terminate when NTMWD terminates its Stage 4 condition or
when the circumstances that caused the initiation of Stage 4 no longer
prevail.
(2) Goals for Use Reduction and Actions Available under Stage 4.
a. The goal for water use reduction under Stage 4 is a reduction of
whatever amount is necessary in the amount of water obtained from
NTMWD. If circumstances warrant or if required by NTMWD, the
City Manager, General Manager, Mayor, Chief Executive, or official
designee can set a goal for a greater water use reduction.
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
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.
1. Continue or initiate any actions available under Stages l, 2,
and 3.
2. Notify wholesale customers of actions being taken and
request them to implement similar procedures.
3. Implement viable alternative water supply strategies.
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4. Requires Notification to TCEQ — Prohibit the irrigation of
new landscaping using treated water.
5. Requires Notification to TCEQ — Prohibit washing of
vehicles except as necessary for health, sanitation, or safety
reasons.
6. Requires Notification to TCEQ — Prohibit commercial and
residential landscape watering, except that foundations and
trees may be watered for 2 hours on any day with a hand-
held hose, a soaker hose, or a dedicated zone using a drip
irrigation system. ET/Smart irrigation systems are not
exempt from this requirement.
7. Requires Notification to TCEQ — Prohibit golf course
watering with treated water except for greens and tee
boxes.
8. Requires Notification to TCEQ — Prohibit the permitting of
private pools. Pools already permitted may be completed
and filled with water. Existing private and public pools
may add water to maintain pool levels but may not be
drained and refilled.
„„�, 9. 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.
10. 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.
11. Requires Notification to TCEQ - Initiate a rate surcharge
for all water use over normal rates for all water use.
Sec. 114-98. Procedures for Granting Variances to the Plan.
(a) The City Manager, General Manager, Mayor, Chief Executive, or official
designee may grant temporary variances for existing water uses otherwise prohibited under
this drought contingency and water emergency response plan if one or more of the following
conditions are met:
(1) 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.
(2) Compliance with this plan cannot be accomplished due to technical
� or other limitations.
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(3) Alternative methods that achieve the same level of reduction in �
water use can be implemented.
(b) 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:
(1) Name and address of the petitioners
(2) Purpose of water use
(3) Specific provisions from which relief is requested
(4) Detailed statement of the adverse effect of the provision from which
relief is requested
(5) Description of the relief requested
(6) Period of time for which the variance is sought
(7) Alternative measures that will be taken to reduce water use
(8) Other pertinent information.
Sec. 114-99. Procedures for Enforcing Mandatory Water Use Restrictions and
Coordination with the Regional Water Planning Groups
(a) Procedures for Enforcing Mandatory Water Use Restrictions "'""
(1) Mandatory water use restrictions may be imposed in Stage 2, Stage 3 and
Stage 4 drought contingency and water emergency response stages. The
penalties associated with the mandatory water use restrictions will be
determined by each entity.
(2) Appendix G contains potential ordinances, resolutions, and orders that
may be adopted by the city council, board, or governing body approving
the drought contingency plan and water response plan, including
enforcement of same.
(b) Coordination with the Regional Water Planning Groups
(1) Appendix F includes a copy of a letter sent to the Chair of the Region C
water planning group with this model drought contingency and water
emergency response plan.
(2) 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.
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Sec. 114-100. Review and Update of Drought Contingency and Water Emergency
Response Plan.
As required by TCEQ rules, Member Cities and Customers must review the drought
contingency and water emergency response plan every five years. The plan will be updated
as appropriate based on new or updated information.
�
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NEWS RELEASE
North Texas Far Immediate Release
Municipal Water District Contact:
Rick Ericson
214.706.6000 (office)
214.679.6362 (cell)
rick(c�lemaster�roup.com
NTMWD Initiates Stage 3 Water Restrictions November 1
Consumers allowed to water lawns only once every two weeks November through March
(Wylie, Texas- September 28, 2011) Officials with the North Texas Municipal Water
District(NTMWD)have initiated Stage 3 of the NTMWD Water Conservation and Drought
Contingency and Water Emergency Response Plan, March 2008, (Plan), which goes into
effect November 1. The goal of Stage 3 is a 10%reduction in water use and increased
awareness in ongoing water conservation efforts. —...
"The U.S. Drought Monitor anticipates the drought will persist or intensify through
December 2011, so we are concerned about the declining water levels of our reservoirs," said
Jim Parks, executive director of NTMWD. "Conservation is a must, especially when it
comes to watering your lawns. Stage 3 means consumers are allowed to water their lawns
only once every two weeks."
In addition to the extreme temperatures and continuing drought conditions,NTMWD
currently can't pump water from Lake Texoma due to the presence of invasive zebra
mussels. Lake Texoma normally provides almost a quarter of NTMWD's raw water supply.
As of Monday, September 26, 2011, Lake Lavon's elevation was down over 11 feet, and is at
52%of useable capacity. In addition, as of the most recent measurement,NTMWD's Lake
Chapman water supply is at 35%due to the continued drought.
The NTMWD Board action requests that Member Cities and Customers (including indirect
customers) implement the following water conservation strategies:
■ Initiate Stage 3 of the Member Cities and Customers drought contingency and water
emergency response plans no later than November 1.
■ Limit landscape watering with sprinklers or irrigation systems to once every two weeks
between November 1 and March 31 and eliminate watering from 10 AM to 6 PM.
Residents should check with their city water department for specific city restrictions. �°'"
� ■ Foundations, new landscaping, new plantings (first year) of shrubs, and trees may be
watered for up to two hours on any day by a hand-held hose, a soaker hose, or a
dedicated zone using a drip irrigation system.
■ Wait until the current drought has passed before establishing new landscaping and no
hydroseeding,hydromulching or sprigging allowed.
■ Do not drain and refill swimming pools except to replace normal water loss.
■ Halt non-essential city government water use including street cleaning, vehicle washing,
operation of ornamental fountains,etc.
■ Accelerate public education efforts on ways to reduce water usage by 10%.
■ Initiate engineering studies to evaluate alternatives should conditions worsen.
■ Watering of golf courses using treated water is prohibited except as needed to keep
greens and tee boxes alive.
NTMWD is encouraging residents to check control units, rain and freeze sensors on sprinkler
systems to prevent unnecessary usage and to repair any water leaks.
Extending the NTMWD's water supply during Stage 3 through the efficient use of existing
,,,,�,,, water resources is crucial to meeting the long-term water needs of the NTMWD's Member
Cities and Customers.
More information and tips on water conservation can be found at www.wateriq.or�and
www.ntmwd.com.
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