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06-06-2006 (City Council) Agenda Packet 4,, Wylie City Council CITY WYLIE. NOTICE OF MEETING Special Called MeetingAgenda Tuesday, June 6, 2006 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mark B. Roath City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.-vv_ylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2006-32 repealing Ordinance No. 2002-18 and adopting the North Texas Municipal Water District Model Drought Contingency Plan as the City of Wylie Drought Contingency Plan. (C. Holsted, City Engineer) Executive Summary On June 1, 2006, the North Texas Municipal Water District initiated Stage 3 of the drought contingency plan. The existing City of Wylie plan was adopted prior to the revised NTMWD plan but incorporated some of the plan recommendations. Representatives of the member cities of NTMWD have met over the past few months June 6,2006 Wylie City Council Special Called Meeting Agenda Page 2 of 2 to discuss changes to the NTMWD plan in an effort to establish uniformity across all plans. The plan attached incorporates the suggested updates and has recently been adopted by most of the member cities. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 2nd of June, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: wvvw.vvylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF wu AGENDA REPORT Meeting Date: June 6, 2006 Item Number: 1 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Holsted Account Code: N/A Date Prepared: 6/02/06 Budgeted Amount: $N/A Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2006-32 repealing Ordinance No. 2002-18 and adopting the North Texas Municipal Water District Model Drought Contingency Plan as the City of Wylie Drought Contingency Plan. Recommendation Motion to approve Ordinance No. 2006-32 repealing Ordinance No. 2002-18 and adopting the North Texas Municipal Water District Model Drought Contingency Plan as the City of Wylie Drought Contingency Plan. Discussion On June 1, 2006, the North Texas Municipal Water District initiated Stage 3 of the drought contingency plan. The existing City of Wylie plan was adopted prior to the revised NTMWD plan but incorporated some of the plan recommendations. Representatives of the member cities of NTMWD have met over the past few months to discuss changes to the NTMWD plan in an effort to establish uniformity across all plans. The plan attached incorporates the suggested updates and has recently been adopted by most of the member cities. The requirements for Stage 3 include: - Prohibit hosing of paved areas, buildings, or windows. - Prohibit operation of ornamental fountains if they use treated water. - Prohibit washing or rinsing of vehicles by hose. - Prohibit using water in such a manner as to allow runoff or other waste. - Prohibit outdoor watering with sprinklers between 10:00 a.m. and 6:00 p.m. year round. - Limit landscape water to once every seven (7) days. - Existing swimming pools may not be drained and refilled. - Initiate a rate surcharge as requested by NTMWD. - Prohibit watering of golf courses using treated water. Page 1 of 2 Page 2 of 2 The City of Wylie water customers will be notified of the Stage 3 requirements through the following means: - Publication in The Wylie News. - Insert in the next water bill. - City of Wylie web site. - e-Wylie. - Informational signs placed at major roadway intersection and entrances to subdivisions. Enforcement of the stage 3 requirements will be accomplished through daily patrol by City staff and Police Department. An information line will also be set up allowing customers to obtain the latest drought information and report any violations. Approved By Initial Date Department Director City Manager 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: Findings 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 Drought Contingency 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 Page 1 454219.v1 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: Savings/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: 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 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLI E, TEXAS, on this 6th day of June, 2006. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: APPROVED AS TO FORM: CAROLE EHRLICH, ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. City Secretary Richard M. Abernathy Julie Y. Fort City Attorney Ordinance No.2006-32 Amendment—Drought Contingency Plan Page 2 454219.v1 EXHIBIT "A" DROUGHT CONTINGENCY PLAN Ordinance No.2006-32 Amendment—Drought Contingency Plan Page 3 454219.v1 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 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 of NTMWD'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 1 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 1 may terminate when NTMWD terminates its Stage 1 condition or when the circumstances that caused the initiation of Stage 1 no longer prevail. Goal for Use Reduction and Actions Available under Stage 1,Mild Stage 1, 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. 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. 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. 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. 3-5 Model Drought Contingency Plan NTMWD Member Cities and Customers ■ 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. (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 hose. Golf courses may water greens and tee boxes without restrictions. Restrictions do not apply to locations using treated wastewater effluent for irrigation.) 3-6 Model Drought Contingency Plan NTMWD Member Cities and Customers ■ 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—If NTMWD has imposed a reduction in water available to member cities and customers, impose the same percent reduction on wholesale customers. ■ Requires Notification to TCEQ—Prohibit watering of golf courses using treated water, except as needed to keep greens and tee boxes alive. 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. ■ 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. 3-7 Model Drought Contingency Plan NTMWD Member Cities and Customers ■ 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 of ten 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. ■ Notify wholesale customers of actions being taken and request them to implement similar procedures. 3-8 Model Drought Contingency Plan NTMWD Member Cities and Customers ■ 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. 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 variance. ■ Compliance with this plan cannot be accomplished due to technical or other limitations. ■ Alternative methods that achieve the same level of reduction in water use can be implemented. Variances shall be granted or denied at the discretion of the City Manager, General Manager, Mayor, Chief Executive, or official designee. All petitions for variances should be in writing and should include the following information: ■ 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 City of Wylie 2004, 2005, and 2006 Water Usage Compared to 2006 Conservation Goal 1,800,000 1,600,000 1,400,000 1,200,000 1 i i i•0 is i ,4 A 1/,'S Conse rvation CD c 0 1,000,000 CD 2006 Usage a' 2005 Usage Usage 8 800,000 e 2 ::: ,000,000 200,000 ' 0 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Month