Ordinance 2006-32
CITY OF WYLIE, TEXAS
ORDINANCE NO. 2006-32
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING
ORDINANCE NO. 2002-18 AND ADOPTING THE NORTH TEXAS
MUNICIPAL WATER DISTRICT MODEL DROUGHT CONTINGENCY PLAN
ATTACHED HERETO AS THE CITY OF WYLIE DROUGHT CONTINGENCY
PLAN; 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
investigated and determined that it would be advantageous and beneficial to the citizens of
the City of Wylie, Texas ("Wylie") to repeal Ordinance No. 2002-18 and adopt the City of
Wylie Drought Contingency Plan as set forth below; and
WHEREAS, Wylie recognizes that the amount of water available to its customers is
limited; and
WHEREAS, Wylie has determined an urgent need in the best interest of the public
to repeal the existing Drought Contingency Plan and adopt the plan attached hereto; and
WHEREAS, the Water Code and the regulations of the Texas Commission on
Environmental Quality require the City to adopt a Drought Contingency Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: FindinQs Incorporated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: Adoption of City of Wylie DrouQht Continqency Plan. The NTMWD
Model Drought Contingency Plan, attached hereto as Exhibit A and incorporated for all
purposes as if fully set forth herein, is hereby approved and adopted.
SECTION 3: Ordinance No. 2002-18 Repealed. Wylie Ordinance No. 2002-18 is
repealed in its entirety and replaced by this Ordinance. The effective date of the repeal
discussed in this Section shall not occur until the effective date of this Ordinance at which
time Ordinance No. 2002-18 shall be repealed.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. 2002-18 occurring before the effective date
of this Ordinance.
Ordinance No. 2006-32
Amendment - Drought Contingency Plan
454219.vl
Page 1
SECTION 4: Penalty Provision. Any customer (defined pursuant to 30 Tex. Admin.
Code Chapter 291), 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 the 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: SavinQs/Repealinq 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: Severability. 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 anyone 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 6th day of June, 2006.
ATTESTED AND ,\1111//
CORRECTLY RECOR~~~g.~...~J~VED AS TO FORM:
~ , .- -.. ~ ~
'r,' ." ~ ! 1mJ-
; ~( sEAl"\ ~ ~ ~.
AROLE L1CH,::'. e==--ABE,RN,UHY, ROE ER, BOYD & JOPLIN, P.C.
City Secretary % \. Ri"riarQ:.~. Abernathy
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";" /Iv .......~~..)t'. Fort
""" YL IE,"
""11111'" It)> Attorney
Ordinance No. 2006-32
Amendment - Drought Contingency Plan
454219.vl
Page 2
DROUGHT CONTINGENCY PLAN
FOR
NORTH TEXAS MUNICIPAL
WATER DISTRICT MEMBER CITIES
AND CUSTOMERS
August 10, 2004
Revised April 2006
Model Drought Contingency Plan
NTMWD Member Cities and Customers
TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES................................................................ 1-1
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES............ 2-1
3. DROUGHT CONTINGENCY PLAN.................................................................... 3-1
3.1 Provisions to Inform the Public and Opportunity for Public Input................ 3-1
3.2 Provisions for Continuing Public Education and Information....................... 3-1
3.3 Initiation and Termination of Drought Response Stages............................... 3-1
3.4 Drought and Emergency Response Stages .................................................... 3-2
3.5 Procedures for Granting Variances to the Plan.............................................. 3-9
3.6 Procedures for Enforcing Mandatory Water Use Restrictions ......................3-9
3.7 Coordination with the Regional Water Planning Group and NTMWD ...... 3-10
3.8 Review and Update of Drought Contingency Plan...................................... 3-10
Model Drought Contingency Plan
NTMWD Member Cities and Customers
Model Drought Contingency Plan for
North Texas Municipal Water District Member Cities and Customers
August 2004, REVISED APRIL 2006
1. INTRODUCTION AND OBJECTIVES
This document is as a model drought contingency plan, intended to be available for adoption
by North Texas Municipal Water District (NTMWD) member cities and customers. This
model plan addresses all of the current TCEQ requirements for a drought contingency plan.
The purpose of this model drought contingency 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 North Texas Municipal Water District (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. Member
cities and customer may also adopt more stringent drought stages than NTMWD if
conditions warrant.
1 Superscripted numbers match references listed in Appendix A.
1-1
Model Drought Contingency Plan
NTMWD Member Cities and Customers
2. 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, 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 1."
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 3.1
· 288.20(a)(1)(B) - Provisions for Continuing Public Education and Information -
Section 3.2
.
288.20(a)(1)(C) - Coordination with the Regional Water Planning Group - Section
3.7
288.20(a)(1)(D) - Criteria for Initiation and Termination of Drought Stages -
Section 3.3
288.20(a)(1)(E) - Drought and Emergency Response Stages - Section 3.4
288.20(a)(1)(F) - Water Supply and Demand Management Measures for Each Stage
- Section 3.4
288.20(a)(1)(G) - Procedures for Initiation and Termination of Drought Stages -
Section 3.3
288.20(a)(1)(H) - Procedures for Granting Variances - Section 3.5
288.20(a)(1)(I) - Procedures for Enforcement of Mandatory Restrictions - Section
3.6
288.20(a)(3) - Consultation with Wholesale Supplier - Sections 1, 3.3, and 3.4
288.20(b) - Notification of Implementation of Mandatory Measures - Section 3.3
288.20(c) - Review and Update of Plan - Section 3.8
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2-1
Model Drought Contingency Plan
NTMWD Member Cities and Customers
3. DROUGHT CONTINGENCY PLAN
3.1 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 drought contingency 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.
3.2 Provisions for Continuing Public Education and Information
Member cities and customers will inform and educate the public about the drought
contingency 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 drought contingency 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 drought contingency plan (usually in conjunction with
presentations on water conservation programs).
At any time that the drought contingency plan is activated or the drought stage changes,
member cities and customers will notify local media of the issues, the drought response
stage, 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.
3.3 Initiation and Termination of Drought Response Stages
Initiation of a Drought Response Stage
The City Manager, General Manager, Mayor, Chief Executive, or official designee may
order the implementation of a drought response stage or water emergency when one or more
of the trigger conditions for that stage is met. The following actions will be taken when a
drought stage is initiated:
· The public will be notified through local media and the supplier's web site (if
available) as described in Section 3.2.
3-1
Model Drought Contingency Plan
NTMWD Member Cities and Customers
· Wholesale customers (if any) and the NTMWD will be notified by telephone with a
follow-up letter, e-mail, or fax that provides details of the reasons for initiation of the
drought stage.
· If any mandatory provisions of the drought contingency plan are activated, member
cities and customers will notify the Executive Director of the TCEQ within 5
business days.
Drought stages imposed by NTMWD action must be initiated by member cities and
customers. For other trigger conditions, 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.
Termination of a Drought Stage
The City Manager, General Manager, Mayor, Chief Executive, or official designee may
order the termination of a drought response stage or water emergency when the conditions
for termination are met or at their discretion. The following actions will be taken when a
drought stage is terminated:
· The public will be notified through local media and the supplier's web site (if
available) as described in Section 3.2.
Wholesale customers (if any) and the NTMWD will be notified by telephone with a
follow-up letter, e-mail, or fax.
If any mandatory provisions of the drought contingency plan that have been
activated are terminated, member cities and customers will notify the Executive
Director of the TCEQ within 5 business days.
.
.
The City Manager, General Manager, Mayor, Chief Executive, or official designee may
decide not to order the termination of a drought response stage or water emergency 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.
3.4 Drought and Emergency Response Stages
Stage 1, Mild
Initiation and Termination Conditions for Stage 1, Mild
· The NTMWD has initiated Stage 1, Mild, which may also be initiated by one or
more of the following:
3-2
Model Drought Contingency Plan
NTMWD Member Cities and Customers
o The water level in Lake Lavon has fallen below elevation 484.0 msl (8 feet
below the top of conservation storage).
o The water level in Lake Chapman has fallen below elevation 432.0 msl (8 feet
below top of conservation storage).
o Water use is projected to approach the limit of the permitted supply.
o NTMWD has concern that Lake Texoma or some other NTMWD source may be
limited in availability in the next 6 months.
o NTMWD demand exceeds 90% of the amount that can be delivered to
customers for seven consecutive days.
o Water demand for all or part ofNTMWD's delivery system approaches 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.
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of a Stage I drought.
· Supplier's demand exceeds 90% 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 approaches delivery
capacity because 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.
Stage I may terminate when NTMWD terminates its Stage I condition or when the
circumstances that caused the initiation of Stage I no longer prevail.
Goal for Use Reduction and Actions Available under Stage 1, Mild
Stage I, Mild, is intended to raise public awareness of potential drought problems. There is
no goal for reduction of water use. 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:
· Request voluntary reductions in water use by the public and by wholesale customers.
· Increase public education efforts on ways to reduce water use.
· Review the problems that caused the initiation of Stage 1.
· Notify major water users and work with them to achieve voluntary water use
reductions.
3-3
Model Drought Contingency Plan
NTMWD Member Cities and Customers
· 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.)
· Reduce city government water use for landscape irrigation.
· Ask the public to follow voluntary landscape watering schedules.
· NotifY wholesale customers of actions being taken and request implementation of
similar procedures.
Stage 2, Moderate
Initiation and Termination Conditions for Stage 2, Moderate
· The NTMWD has initiated Stage 2, Moderate, which may be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 481.0 msl (11 feet
below the top of conservation storage).
o The water level in Lake Chapman has fallen below elevation 430.0 msl (10 feet
below top of conservation storage).
o Water use is projected to approach the limit of the permitted supply.
o NTMWD has concern that Lake Texoma or some other NTMWD source may be
limited in availability in the next 3 months.
o NTMWD demand exceeds 95% of the amount that can be delivered to
customers for five consecutive days.
o NTMWD 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 NTMWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of a Stage 2 drought.
Supplier's demand exceeds 95% of the amount that can be delivered to customers
for three consecutive days.
Supplier's demand for all or part of the delivery system equals delivery capacity
because 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.
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3-4
Model Drought Contingency Plan
NTMWD Member Cities and Customers
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.
Goal for Use Reduction and Actions Available under Stage 2, Moderate
The goal for water use reduction under Stage 2, Moderate, 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:
· Continue or initiate any actions available under Stage 1.
· 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.
· Notify wholesale customers of actions being taken and request them to implement
similar procedures.
· Prohibit outdoor watering with sprinklers between 10:00 a.m. and 6:00 p.m. year
round.
Stage 3, Severe
Initiation and Termination Conditions for Stage 3, Severe
· The NTMWD has initiated Stage 3, Severe, which may also be initiated by one or
more of the following:
o The water level in Lake Lavon has fallen below elevation 478.0 msl (14 feet
below the top of conservation storage).
o The water level in Lake Chapman has fallen below elevation 426.0 msl (14 feet
below top of conservation storage).
o Water use is projected to approach or exceed the limit of the permitted supply.
o The supply from Lake Texoma or some other NTMWD source has become
limited in availability.
o NTMWD demand exceeds 98% of the amount that can be delivered to
customers for three consecutive days.
o NTMWD 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.
3-5
Model Drought Contingency Plan
NTMWD Member Cities and Customers
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of a Stage 3 drought.
· Supplier's demand exceeds 98% of the amount that can be delivered to customers
for three consecutive days.
· Supplier's demand for all or part of the delivery system exceeds delivery capacity
because 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.
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. Severe
The goal for water use reduction under Stage 3, Severe, is a reduction of five percent 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 official
designee can set a goal for a greater water use reduction.
The City Manager, General Manager, Mayor, Chief Executive, or official designee must
implement any action(s) required by North Texas Municipal Water District. 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 within five business days if these measures are
implemented:
· Continue or initiate any actions available under Stages 1 and 2.
· Implement viable alternative water supply strategies.
· Requires Notification to TCEQ - Initiate mandatory water use restrictions as
follows:
o Prohibit hosing of paved areas, buildings, or windows.
o Prohibit operation of ornamental fountains if they use treated water.
o Prohibit washing or rinsing of vehicles by hose.
o Prohibit using water in such a manner as to allow runoff or other waste.
o Prohibit outdoor watering with sprinklers between 10:00 a.m. and 6:00 p.m.
year round.
· Requires Notification to TCEQ - Limit landscape watering with sprinklers or
irrigation systems at each service address to once every seven days. Areas north
(west) ofSH 78 may water on Tuesday and areas south (east) ofSH 78 may water
on Thursday. (Exceptions: Foundations, new plantings (first year) of shrubs, and
trees may be watered for up to 2 hours on any day by a hand-held hose or a soaker
3-6
Model Drought Contingency Plan
NTMWD Member Cities and Customers
.
hose. Golf courses may water greens and tee boxes without restrictions. New
plantings of grass may be watered for up to 1 hour on any day by any means for
the first 30 days after installation. Restrictions do not apply to locations using
treated wastewater effluent for irrigation.)
Requires Notification to TCEQ - Existing swimming pools may not be drained
and refilled (except to replace normal water loss).
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.
Notify wholesale customers of actions being taken and request them to implement
similar procedures.
Requires Notification to TCEQ - IfNTMWD has imposed a reduction in water
available to member cities and customers, impose the same percent reduction on
wholesale customers.
Requires Notification to TCEQ - Prohibit watering of golf courses using treated
water, except as needed to keep greens and tee boxes alive.
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Stage 4, Emergency
Initiation and Termination Conditions for Stage 4. Emergency
· The NTMWD has initiated Stage 4, Emergency, which may also be initiated by one
or more of the following:
o The water level in Lake Lavon has fallen below elevation 475.0 msl (17 feet
below the top of conservation storage).
o The water level in Lake Chapman has fallen below elevation 423.0 msl (17 feet
below top of conservation storage).
o Water use is projected to approach or exceed the limit of the permitted supply.
o The supply from Lake Texoma or some other NTMWD source has become
severely limited in availability.
o NTMWD demand exceeds the amount that can be delivered to customers.
o NTMWD 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.
o The NTMWD Executive Director, with the concurrence of the NTMWD Board
of Directors, finds that conditions warrant the declaration of a Stage 4 drought.
3-7
Model Drought Contingency Plan
NTMWD Member Cities and Customers
· Supplier's demand exceeds the amount that can be delivered to customers.
· Supplier's 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.
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.
Goals for Use Reduction and Actions Available under Stage 4, Emergency
The goal for water use reduction under Stage 4, Emergency, is a reduction often percent in
the amount of water produced by NTMWD. If circumstances warrant or required by
NTMWD, the City Manager, General Manager, Mayor, Chief Executive, or official
designee can set a goal for a greater water use reduction.
The City Manager, General Manager, Mayor, Chief Executive, or official designee must
implement any action(s) required by North Texas Municipal Water District. 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 within five business days if these
measures are implemented.
· Continue or initiate any actions available under Stages 1,2, and 3.
· Implement viable alternative water supply strategies.
· Requires Notification to TCEQ - Prohibit establishment of new landscaping.
· Requires Notification to TCEQ - Prohibit washing of vehicles except as necessary
for health, sanitation, or safety reasons
· 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 or a soaker hose.
· Requires Notification to TCEQ - Prohibit golf course watering with treated water
except for greens and tee boxes.
· Requires Notification to TCEQ - Prohibit the permitting of private pools. Pools
already permitted may be completed and filled with water. Existing private and
public pool may add water to maintain pool levels but may not be drained and
refilled.
· 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.
3-8
Model Drought Contingency Plan
NTMWD Member Cities and Customers
· Notify wholesale customers of actions being taken and request them to implement
similar procedures.
· Requires Notification to TCEQ - IfNTMWD has imposed a reduction in water
available to member cities and customers, impose the same percent reduction on
wholesale customers.
3.5 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 drought
contingency plan if one or more of the following conditions are met:
· Failure to grant such a variance would cause an emergency condition adversely
affecting health, sanitation, or fire safety for the public or the person requesting the
vanance.
· 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:
· Name and address of the petitioners
· Purpose of water use
· Specific provisions from which relief is requested
· Detailed statement of the adverse effect of the prOVISIon from which relief is
requested
· Description of the relief requested
· Period of time for which the variance is sought
· Alternative measures that will be taken to reduce water use
· Other pertinent information.
3.6 Procedures for Enforcing Mandatory Water Use Restrictions
Mandatory water use restrictions may be imposed in Stage 3 and Stage 4 drought 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
minimum and maximum fines established by ordinance.
3-9
Model Drought Contingency Plan
NTMWD Member Cities and Customers
· After two violations have occurred, member cities and customers may install a flow
restrictor in the line to limit the amount of water that may pass through the meter in a
24-hour period.
· After three violations have occurred, member cities and customers may cut off water
service to the customer.
Appendix D contains a draft of a resolution to be adopted by the city council, board, or
governing body approving the drought contingency plan and enforcement.
3.7 Coordination with the Regional Water Planning Group and NTMWD
Appendix C includes a copy of a letter sent to the Chair of the Region C water planning
group with this water conservation and drought contingency 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.
3.8 Review and Update of Drought Contingency Plan
As required by TCEQ rules, member cities and customers will review this drought
contingency plan every five years. The plan will be updated as appropriate based on new or
updated information.
3-10
Model Drought Contingency Plan
NTMWD Member Cities and Customers
* C&S Media, Inc.
The Farrrersville Times. Murphy Monitor. The Princeton Herald. The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
1~' gd-'
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
City of Wylie
Ordinance NO. 2006-32
was published in said newspaper on the following dates, to-wit: June 14, 2006
~k, Publisher
Subscribed and sworn before me on this, the
l~
day of q wrU
, 2006
to certify which witness my hand and seal of office.
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TAMMY BURTON
Notary Public, State of Texas
My Commission Expires
February 21 , 2010
r
Nota ublic in and for
The State of Texas
M .. . -2.ZJ.WIO
y commission expires .
Murphy/SachselWylie Office' 110 N. Ballard' P.O. Box 369' Wylie, TX 75098' 972-442-5515' fax 972-442-4318
Farmersville/Princeton Office' 101 S. Main' P.O. Box 512' Farmersville, TX 75442' 972-784-6397' fax 972-782-7023
,
v ~.u. 'I.Llo.J. ., '-'~ ..., '-' .
2006-32
1 ORDINANCE OF
E CITY OF WYLIE,
. XAS REPEALING
ORDINANCE NO. 2002-
18 AND ADOPTING
THE NORTH TEXAS
MUNICIPAL WATER
DISTRICT MODEL
DROUGHT CONTIN-
GENCY PLAN
ATTACHED HERETO
AS THE CITY OF
WYLIE DROUGHT
CONTINGENCY PLAN;
PROVIDING FOR A
PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; PROVID-
ING FOR REPEALING,
SAVINGS ANDrSEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF
TH_E CAPTION HEREOF'
John Mondy, Mayor
ATTEST:
Carole Ehrlich,
City Secret~
I 4-lt-339-34 i