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HomeMy WebLinkAboutO-2333-9-04ORDINANCE NO. 2333-9-04 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY AMENDING SECTION 14-15 TO ESTABLISH A DROUGHT CONTINGENCY PLAN FOR THE CITY OF ALLEN TO PROMOTE RESPONSIBLE USE OF WATER AND ADOPTING THE NORTH TEXAS MUNICIPAL WATER DISTRICT DROUGHT CONTINGENCY PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; PROVIDING FOR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen, Texas (the "City"), recognizes that the amount of water available to its water customers is limited; and, WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and, WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the ' "Commission') require that the City adopt a Drought Contingency Plan; and, WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a Drought Contingency Plan; and, WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and, WHEREAS, the City Council of the City of Allen desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Drought Contingency Plan with amendments for the conservation of water. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Chapter 14 of the City of Allen Code of Ordinances is hereby amended by amending Section 14-15 and Section 14-16 to adopt the North Texas Municipal Water District Model Drought Contingency Plan with the following amendments to read as follows: "Sec. 14-15. Adoption of the North Texas Municipal Water District Model Drought Contingency Plan. There is hereby adopted by the City the North Texas Municipal Water District Drought Contingency Plan with the Amendments, a copy of which is attached hereto and made a part of this chapter for all purposes, the same as if copied in full herein, with the exception of such sections as are hereinafter deleted, modified or ' amended. Sec. 14-16. Amendments. ' The following Sections of the North Texas Municipal Water District Model Drought Contingency Plan are hereby amended to read as follows: (1) Section 1. Introduction and Objectives. [On page 1-19 add the following as new paragraphs after the last paragraph.] "This plan applies to all users of the City of Allen water supply. The first two contingency plan stages, Mild and Moderate, present voluntary conservation actions. The remaining two stages (Severe and Emergency) impose mandatory and increasingly restrictive limits on outdoor water usage. Ordinance No. 2333-9-04, Page 2 Definitions: Water shortage means a condition in which existing or projected water supply or delivery available to City customers is not anticipated to meet, or cannot meet, the ordinary water requirements of these customers. City Manager means the City Manager of the City of Allen, Texas, or designee. Director of Community Services means the Director of Community Services of the City of Allen, Texas, or designee. ' Wholesale customers mean customers that purchase water directly from North Texas Municipal Water District (NTMWD) or are sold water by the City of Allen at a discount from the full retail sales price. The City of Allen is a NTMWD wholesale customer. No users (customers) on the Allen distribution system are wholesale customers to the City of Allen or to NTMWDP (2) Section 3.2 Provisions for Continuing Public Education and Information. [On page 3-1, add as a new fifth bullet point.] • Each spring, the Director of Community Services will mail information on the Drought Contingency Plan and water conservation tips to each water system user. Water conservation tips will also be highlighted in the annual water quality report mailed to residents each summer. Water conservation educational and awareness programs will be developed and should be presented to a variety of audiences from elementary schools to adults." (3) Section 3.3 Initiation and Termination of Drought Response Stages. [Under "Initiation of a Drought Resnonse Stage," add a new paragraph on page 3-2 after the paragraph beginning with "Drought stages imposed by NT*1WD action... "] "The Director of Community Services shall advise the City Manager of determinations that the conditions of a water shortage exist. The City Manager shall then order the appropriate stage of emergency response to be implemented. In the event of a City-wide emergency the order shall be made by public announcement and published in a newspaper of general circulation in the City within twenty-four (24) hours on ' implementation. In the event of an emergency of limited geographical extent, door-to-door notification shall be made by door hangers and/or in person, at which time the City Manager authorized state of emergency shall become immediately effective. Ordinance No. 2333-9-04, Page 2 Ordinance No. 2333-9-04, Page 3 Once an emergency has been declared, the City Manager may utilize supplemental public notifications including notices posted at City Hall, Civic Centers, libraries, fire stations, post offices, major supermarkets, schools, major corporate centers, Chamber of Commerce, direct ' mail, television, radio, intemet, and other news media to notify the public." (4) Section 3.4 Drought and Emergency Response Stages. ]Under `Stage 1, Mild," add as a new bullet point on page 3-3 under the supplier's list of reasons to initiate this stage.] • The City is unable to recover water storage of 100% in all storage facilities within a twenty- four (24) hour period." (5) Section 3.4 Drought and Emergency Response Stages. ]On page 3-4, under `Stage 2, Moderate," under "Initiation and Termination Conditions for Stage 2, Moderate" add as a new bullet point under the supplier's list of reasons to initiate this stage.] • The City is unable to recover water storage of 90% in all storage facilities within a twenty- four (24) hour period." (6) Section 3.4 Drought and Emergency Response Stages. ]Under `Stage 2, Moderate," add as a new bullet point under "Goals for Use Reduction and Actions Available Under Staee 2, Moderate" on page 3-5.1 • The City may prohibit watering from 5 a.m. to 9 a.m. and 4 p.m. to 7 p.m. in order to allow ground and elevated storage to be replenished." (7) Section 3.4 Drought and Emergency Response Stages. ]On page 3-5, under "Stage 3, Severe," under "Initiation and Termination Conditions for Stage 3, Severe," add as a new ' bullet point under the supplier's list of reasons to initiate this stage.] • The City is unable to recover water storage of 75% in all storage facilities within a twenty- four (24) hour period." (8) Section 3.4 Drought and Emergency Response Stages. ]Under "Stage 3, Severe," under "Goals for Use Reduction and Actions Available Under Stage 3, Severe," add at the end of the fourth bullet point sentence on page 3-6 ending with "...using treated wastewater effluent for irrigation."] "The City of Allen's every fifth day watering schedule is as follows: Every 5" Day Waterine Schedule Last digit of Address Allowed Outside Water Days 1 1, 6, 11, 16, 21, 26 2 2, 7, 12, 17, 22, 27 3 3, 8, 13, 18, 23, 28 4 4, 9, 14, 19, 24, 29 (27)' 5 5, 10, 15, 20, 25, 30 (28)'" 6 1, 6, 11, 16, 21, 26, 7 2, 7, 12, 17, 22, 27 8 3, 8, 13, 18, 23, 28 ' 9 4, 9, 14, 19, 24, 29 (27)• 0 5, 10, 15, 20, 25, 30 (28)'• No Watering 31 Ordinance No. 2333-9-04, Page 3 * Homes with last digits of 4 and 9 may water on the 270 in months with less than 30 days. ** Homes with last digits of 5 and 0 may water on the 280 in months with less then 30 days." ' (9) Section 3.4 Drought and Emergency Response Stages. [Under "Stage 4, Emergency," under "Initiation and Termination Conditions for State 4, Emereencv," add as a bullet point under the supplier's list of reasons to initiate this stage on page 3-7.1 • The City is unable to recover water storage of 50% in all storage facilities within a twenty- four (24) hour period." (10) Section 3.5 Procedures for Granting Variances to the Plan. 10n page 3-8, add after the last bullet point as a new paragraph.[ "The Community Services Director is responsible for the administrative processing and follow-up associated with the requesting and processing of requests for variances from City customers. Variance requests may be delivered to City Hall or addressed to the Attention of the Community Services Director at City of Allen, 305 Century Parkway, Allen, Texas 75013. Variances are considered temporary and must be submitted for reconsideration should the Drought and Emergency Response Stage elevate from the Stage in which the temporary variance was approved to any higher Stage of response." (11) Section 3.7 Coordination with the Regional Water Planning Group and NTMWD. [On page 3-9, add after the last sentence, same paragraph.[ "The Community Services Director is responsible for: ' a. Coordinating the draft of this ordinance and any future proposed changes to the NTMWD for comment prior to implementation. b. Providing the final City of Allen Drought Contingency Plan and any future approved changes to the Chair of the Region C Water Planning Group and the NTMWD." (12) Section 3.8 Review and Update of Drought Contingency Plan. [On page 3-9, add after the last sentence, same paragraph.[ "The Community Services Director is responsible for performing the review and update of the City of Allen Drought Contingency Plan on the 5 -year cycle review and update mandated by TCEQY Sec. 14-17. Transfer of meter from developertbuilder to property. SECTION 2. Ordinance No. 1802-2-00, adopted on the 3' Day of February, 2000, is hereby repealed. SECTION 3. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000) and/or discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil relief available under the law is not limited by this section. Ordinance No. 2333-9-04, Page 4 iJ n SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance which shall remain in full force and effect. SECTION 5. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the provisions of this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. The City Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. SECTION 7. This ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE le DAY OF SEPTEMBER, 2004. APPROVED AS TO FORM: V-� Peter G. Smith, CITY ATTORNEY APPROVED: AQ-�' Stephen Terrell, MAYOR ATTEST: Shelley B. Geo ITY SECRETARY Y Ordinance No. 2333-9-04, Page 5 MODEL DROUGHT CONTINGENCY PLAN FOR NORTH TEXAS MUNICIPAL WATER DISTRICT MEMBER CITIES AND CUSTOMERS AUGUST 10, 2004 IIEW.G O'•.�/CENSEO;:'4 i� Fy�o% Prepared for: 1, �"SS�ONALENG\�� � L3 . NORTH TEXAS to .--- Stephanie W. Griffin, P.E. MUNICIPAL WATER DISTRICT THOMAS C. GGOCH ............... ci. 60668 ;q: Thomas C. Gooch, P.E. ✓ Prepared by: Freese and Nichols, Inc. NTD03301 4055 International Plaza WCF 03-7 Suite 200 Fort Worth, TX 76109 817/735-7300 ACKNOWLEDGEMENTS This model drought contingency plan was prepared by Freese and Nichols for the North Texas Municipal Water District (NTMWD). It is intended to be used by NTMWD member cities and customers as they develop their own drought contingency plans. This plan was prepared pursuant to Texas Commission on Environmental Quality rules. Some material is based on the existing drought contingency plans listed in Appendix A. To develop a regional approach, the emergency water management (drought contingency) plans for the City of Fort Worth and the City of Dallas were used extensively. Questions regarding this drought contingency plan should be addressed to the following: Tom Gooch, P.E. Stephanie Griffin, P.E. Denise Hickey Freese and Nichols, hic. Freese and Nichols, Inc. North Texas Municipal (817) 735-7300 (817) 735-7300 Water District tc¢@freese.com swg@freese.com (972)442-5405 Dhickev@ntmwd.com ' Model Drought Contingency Plan NCMWD Member Cities and Customers ' TABLE OF CONTENTS ' 1. INTRODUCTION AND OBJECTIVES ................. _........... _..... _................. _..... 1-1 2. TEXAS COMMLSSION 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..............................................3-8 3.6 Procedures for Enforcing Mandatory Water Use Restrictions .......................3-9 3.7 Coordination with the Regional Water Planning Group and NTMWD ......... 3-9 3.8 Review and Update of Drought Contingency Plan........................................3-9 APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Drought Contingency Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.20 — Drought Contingency Plans for Municipal Uses by Public Water Suppliers APPENDIX C Letters to Region C and Region D Water Planning Groups APPENDIX D Adoption of Drought Contingency Plan • Municipal Ordinance Adopting Drought Contingency Plan • Municipal Utility District Order Adopting Drought Contingency Plan • Special Utility District Order Adopting Drought Contingency Plan • Water Supply Corporation Resolution Adopting Drought Contingency Plan 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 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 fue protection • To protect and preserve public health, welfare, and safety • To minimize the adverse impacts of water supply shortages • To minimi to 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. r Superscripted numbers match references listed in Appendix A. 11 Model Drought Contingency Plan NTMWD Member Cities and Customers 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ Hiles 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 riles, 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)(lXF) — 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)0) - Procedures for Enforcement of Mandatory Restrictions — Section 3.6 • 288.20(ax3) — Consultation with Wholesale Supplier — Sections 1, 3.3, and 3.4 • 288.2((b) — Notification of Implementation of Mandatory Measures — Section 3.3 • 288.20(c) — Review and Update of Plan — Section 3.8 2-1 11 Model Drought Contingency Plan A7MWD 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). Malting 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-] 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. 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 temrination 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: o The water level in Lake Lavon has fallen below elevation 484.0 msl (8 feet below the top of conservation storage). 3-2 Model Drought Contingency Plan NTMWD Member Cities and Customers 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 Water use is approaching the limit of the permitted supply. • 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 would 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. • 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. 1 11 11 11 Model Drought Contingency Plan NTMWD Member Cities and Customers 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 ms] (11 feet below the top of conservation storage). 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 Water use is approaching the limit of the permitted supply. • 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. Stage 2 can 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 use that would have occurred in the absence of drought contingency measures. 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.) Model Drought Contingency Plan NTMWD Member Cities and Customers • 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 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 Water use is approaching the limit of the permitted supply. • 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 can 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 use that would have occurred in the absence of drought contingency measures. 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 3-5 Model Drought Contingency Plan NTMWD Member Cities and Customers ' 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. o Prohibit washing or rinsing of vehicles by hose. o Prohibit using water in such a manner as to allow runoff or other waste. • Requires Notification to TCEQ — Limit landscape watering at each service address to once every five days based on the last digit of the address. (Exceptions: Foundations, azaleas, new plantings (first year) of trees and shrubs 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.) Requires Notification to TCEQ — Prohibit draining and filling of existing pools and filling of new pools. (Pools may add water to replace losses during normal ' use.) • Requires Notification to TCEQ — Prohibit establishment of new landscaping. ' Initiate a rate surcharge of up to 10% for all water use over 4,000 gallons per month. Discontinue city government water use for landscape irrigation, except as needed ' to prevent foundation damage, keep golf course greens and tee boxes alive, and preserve new plantings. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • If NTMWD has imposed a reduction in water available to member cities and ' customers, impose the same percent reduction on wholesale customers. ' 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 NTMWD demand exceeds the amount that can be delivered to customers. 1 3-6 I Model Drought Contingency Plan NCMWD Member Cities and 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 Water use is approaching the limit of the permitted supply. • 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 can 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 use that would have occurred in the absence of drought contingency measures. 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 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 may be watered for 2 hours each day with a hand- held hose or a soaker hose. • Requires Notification to TCEQ — Prohibit golf course watering except for greens and tee boxes. 3-7 Model Drought Contingency Plan NTMWD Member Cities and Customers • Requires Notification to TCEQ — Prohibit any filling of private pools. Commercial and public pools may refill to replace losses during normal use. • 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. • Initiate a rate surcharge of up to 25% over normal rates for all water use over 4,000 gallons per month. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • 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. 11 Em 3-9 1 Model Drought Contingency Plan NTMWD Member Cities and Customers ' 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 fust 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 fines by minimum and maximum established ordinance. • 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 duce violations have occurred, member cities and customers may cut off water the service to 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 Chau 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. 3-9 1 APPENDIX A LIST OF Appendix A List of References (1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and Subchapter B, Rule 288.20, downloaded from hn,//www tnrcc state tx us/oord/mles/odflib/288a odf, November 2003. (2) Freese and Nichols, Inc.: North Texas Municipal Water District Water Conservation and Drought Management Plan, prepared for the North Texas Municipal Water District, Fort Worth, November 2003. The following conservation and drought contingency plans and related documents were reviewed in the development of this plan. References marked with a * were used heavily in the development of this plan. (3) City of Austin Water Conservation Division: "City of Austin Water Drought Contingency Plan, Developed to Meet Senate BID 1 Regulatory Requirements," Austin, August 1999. (4) City of Austin Water Conservation Division: "City of Austin Water Conservation Plan, Developed to Meet Senate Bill I Regulatory Requirements," Austin, August 1999. (5) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency Water Demand Management Plan," adopted by the Board of Directors, Lewisville, August 5, 1999. (6) Upper Trinity Regional Water District: "Water Conservation Plan and Emergency Water Demand Management Plan (2002 Amended)," adopted by the Board of Directors, Lewisville, February 2002. (7) *City of Dallas Water Utilities Department: "City of Dallas Water Management Plan," adopted by the City Council, Dallas, September 1999. (8) Updates to City of Dallas Water Management Plan found at htto•//www.dallascitvhall.com in September 2003. (9) *City of Dallas Water Utilities Department: "City of Dallas Water Conservation Plan," adopted by the City Council, Dallas, September 1999. (10) *City of Fort Worth: "Water Conservation plan for the City of Fort Worth," Fort Worth, August 1999. (11) Updates to the City of Fort Worth water conservation plan found at htti)://ci./fort- worth.tx.us in September 2003. (12) *City of Fort Worth: "Emergency Water Management Plan for the City of Fort Worth," Fort Worth, August 19, 2003. A-1 (13) HDR Engineering, Inc.: "Water Conservation and Emergency Demand Management Plan," prepared for the Tarrant Regional Water District, Austin, February 2000. (14) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan," prepared for Brown County Water Improvement District No. 1, Fort Worth, August 1999. (15) Freese and Nichols, Inc.: "Water Conservation and Drought Contingency Plan," prepared for the Sabine River Authority of Texas, Fort Worth, September 1994. (16) HDR Engineering, Inc.: "Water Conservation and Emergency Demand Management Plan," prepared for the Tarrant Regional Water District, Austin, June 1998. (17) HDR Engineering, Inc.: "Water Conservation Plan for the City of Corpus Christi," adopted by the City of Corpus Christi City Council, August 24, 1999. (18) City of Houston's water conservation plan downloaded September 2003 from hU://www.citvolhouston.cov (19) City of Houston: "Ordinance N. 2001-753, Amending Chapter 47 of the Code of Ordinances Relating to Water Emergencies," Houston, August 2001. (20) City of Houston: "Ordinance No. 98-764, Relating to Water Conservation," Houston, September 1998. (21) City of Houston: "Water Conservation Plan," 1998. (22) City of Houston: "Water Emergency Response Plan," Houston, July 15, 1998. (23) City of Lubbock: "Water Conservation Plan," ordinance number 10177 adopted by the City Council in August 1999. (24) City of EI Paso Water Conservation Ordinance downloaded August 14, 2003 from htto://www.enwu.orz6QWinance.html (25) San Antonio Water System: "Water Conservation and Reuse Plan," San Antonio, November 1998 with lune 2002 updates. (26) North Texas Municipal Water District: "District Policy No. 24 Water Conservation Plan Containing Drought Contingency Plan," adopted August 1999. (27) GDS Associates, Inc.: "Water Conservation Study," prepared for the Texas Water Development Board, Fort Worth, 2002. (28) A & N Technical Services, Inc.: "BMP Costs & Savings Study: A Guide to Data and Methods for Cost -Effectiveness Analysis of Urban Water Conservation Best Management Practices," prepared for The California Urban Water Conservation Council, Santa Monica, California, July 2000. (29) *City of Dallas: "City of Dallas Ordinances, Chapter 49, Section 21.1," Dallas, October 1, 2001. IA -2 APPENDIX B ! TEXAS COMMISSION ON ENVIRONEMTNAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS (ii) water production or distribution system limitations; (iii) supply source contamination; or (iv) system outage due to the failure or damage of major water system components (e.g., pumps). (F) The drought contingency plan must include the specific water supply or water M-1 ' APPENDIX B Texas Commission on Environmental Quality Rules on Drought Contingency Plans Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND t REQUIREMENTS SUBCHAPTER B DROUGHT CONTINGENCY PLANS ' RULE §288.20 Drought Contingency Plans for Municipal Uses by Public Water Suppliers ' (a) A drought contingency plan for a retail public water supplier, where applicable, shall provide information in response to each of the following. ' (1) Minimum requirements. Drought contingency plans shall include the following minimum elements. (A) Preparation of the plan shall include provisions to actively inform the public ' and affirmatively provide opportunity for public input. Such acts may include, but are not limited to, having a public meeting at a time and location ' convenient to the public and providing written notice to the public concerning the proposed plan and meeting. (B) Provisions shall be made for a program of continuing public education and information regarding the drought contingency plan. (C) The drought contingency plan must document coordination with the Regional Water Planning Groups for the service area of the retail public water supplier t to insure consistency with the appropriate approved regional water plans. (D) The drought contingency plan shall include a description of the information to be monitored by the water supplier, and specific criteria for the initiation and termination of drought response stages, accompanied by an explanation of the 1 rationale or basis for such triggering criteria. (E) The drought contingency plan must include drought or emergency response stages providing for the implementation of measures in response to at least the ' following situations: (i) reduction in available water supply up to a repeat of the drought of record; (ii) water production or distribution system limitations; (iii) supply source contamination; or (iv) system outage due to the failure or damage of major water system components (e.g., pumps). (F) The drought contingency plan must include the specific water supply or water M-1 demand management measures to be implemented during each stage of the plan including, but not limited to, the following: (i) curtailment of non-essential water uses; and (ii) udhmtion of alternative water sources and/or alternative delivery mechanisms with the prior approval of the executive director as appropriate (e.g., interconnection with another water system, temporary use of a non -municipal water supply, use of reclaimed water for non - potable purposes, etc.). (G) The drought contingency plan must include the procedures to be followed for the initiation or termination of each drought response stage, including procedures for notification of the public. (H) The drought contingency plan must include procedures for granting variances to the plan. (1) The drought contingency plan must include procedures for the enforcement of any mandatory water use restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of service) for violations of such restrictions. (2) Privately -owned water utilities. Privately -owned water utilities shall prepare a drought contingency plan in accordance with this section and shall incorporate such plan into thew tariff. (3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from another water supplier shall consult with that supplier and shall include in the drought contingency plan appropriate provisions for responding to reductions in that water supply. (b) A wholesale or retail water supplier shall notify the executive director within five business days of the implementation of any mandatory provisions of the drought contingency plan. (c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan, at least every five years, based on new or updated information, such as the adoption or revision of the regional water plan. Source Note: The provisions of this §288.20 adopted to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544 M. APPENDIX C ' LETTERS TO REGION C AND REGION D WATER PLANNING GROUPS 1 1 1 1 ' NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through U.hy ' October 7, 2004 1 Dear Sir: t Region C Water Planning Group c/o North Texas Municipal Water District P.O. Box 2408 ' Wylie, Texas 75098 Dear Sir: ' Enclosed please find a copy of the following documents: ' • Model Water Conservation Plan for the Member Cities and Customer Cities of the North Texas Municipal Water District • Model Drought Contingency Plan for Member Cities and Customer Cities of the ' North Texas Municipal Water District • Water Conservation and Drought Contingency Plan for the North Texas ' Municipal Water District We are submitting a copy of these plans to the Region C Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the attached plans on August 26, 2004. ' Sincerely, y�,� J S M. PARKS xecutive Director ' 7Mp/mcf Enclosure ' 505 E Bmwn St., Po. Box 2408. Wylrz, Texas 75098-2408 Telephoto 972/442-5405 Pax: 97L442.5405 I I I NORTH TEXAS MUNICIPAL WATER DISTRICT ft,00al Service Through Umy October 7, 2004 I Mr. Walt Sears Administrator, Region D Water Planning Group c/o Northeast Texas Municipal Water District P.O. Box 955 Hughes Springs, Texas 75656 Dear Mr. Sears: Enclosed please find a copy of the following documents: • Model Water Conservation Plan for the Member Cities and Customer Cities of the North Texas Municipal Water District • Model Drought Contingency Plan for Member Cities and Customer Cities of the North Texas Municipal Water District • Water Conservation and Drought Contingency Plan for the North Texas Municipal Water District We are submitting a copy of these plans to the Region D Water Planning Group in I accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the North Texas Municipal Water District adopted the attached plans on August 26, 2004. Sincerely, aWVo� a,, J S M. PARKS ecutive Director JMP/mcf Enclosures 505 E Bm n St, P0. Box 2 , Wyla, Texas 75098-2408 Telephone97V/ -5405 Fac: 4/]1662-5405 APPENDIX D ' ADOPTION OF DROUGHT CONTINGENCY PLAN 1 1 1 1 1 II ' APPENDIX D Adoption of Drought Contingency Plan Municipal Ordinance Adopting Drought Contingency Plan II Ordinance No. AN ORDINANCE ADOPTING A DROUGHT CONTINGENCY PLAN FOR THE CITY OF TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE ' DROUGHT CONTINGENCY PLAN. ' WHEREAS, the City of _, Texas (the "City"), recognizes that the amount of water available to its water customers is limited; and ' WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and ' WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Drought Contingency Plan; and ' WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a Drought Contingency Plan; and ' WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and ' WHEREAS, the City Council of the City of _ desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Drought Contingency Plan as official City policy for the conservation of water. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THAT: ' Section 1. The City Council hereby approves and adopts the NTMWD Model Drought Contingency Plan (the "Plan"), attached hereto as Addendum A, as if recited verbatim herein. The City commits to implement the requirements and procedures set forth in the adopted Plan. D-1 1 Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000.00) and/or discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Ordinance was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the posting thereof. Section 4. Should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected. Section 5. The City Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. Section 6. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an alternative method of publication provided by law. Section 7. (If Applicable) Ordinance No. , adopted on , is hereby repealed. Passed by the City Council on this _ day of _, . Mayor Attest: 1 ' City Secretary D-2 ' Municipal Utility District Order Adopting Drought Contingency Plan 1 Order No. AN ORDER ADOPTING A DROUGHT CONTINGENCY PLAN FOR THE ' MUNICIPAL UTILITY DISTRICT TO PROMOTE THE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR ' NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN. WHEREAS, the Municipal Utility District (the "District"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the District recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the District cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission') require that the District adopt a Drought Contingency Plan; and WHEREAS, the District has determined an urgent need in the best interest of the public to adopt a Drought Contingency Plan; and WHEREAS, pursuant to Chapter 49 of the Water Code, the District is authorized to adopt such policies necessary to accomplish the purposes for which it was created, including but not limited to the preservation and conservation of water resources; and WHEREAS, the Board of Directors of the District desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Drought Contingency Plan as official District policy for the conservation of water. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE MUNICIPAL UTILITY DISTRICT THAT: Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Drought Contingency Plan (the "Plan'), attached hereto as Addendum A, as if recited verbatim herein. The District commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law, and/or discontinuance of water service by the District. Proof of a culpable mental D-3 state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The District's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Order was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Order and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared unconstitutional or invalid for any reason, the remainder of this Order shall not be affected. I, Section 6. (If Applicable) Order No. , adopted on , is hereby repealed. Approved and adopted by the Board of Directors on this _ day of . President, Board of Directors Attest: Secretary I Special Utility District Order Adopting Drought Contingency Plan Order No. AN ORDER ADOPTING A DROUGHT CONTINGENCY PLAN FOR THE SPECIAL UTILITY DISTRICT TO PROMOTE THE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN. WHEREAS, the Special Utility District (the `District"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the District recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the District cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the District adopt a Drought Contingency Plan; and WHEREAS, the District has determined an urgent need in the best interest of the public to adopt a Drought Contingency Plan; and WHEREAS, pursuant to Chapter 65 of the Water Code, the District is authorized to adopt such policies necessary to accomplish the purposes for which it was created, including but not limited to the preservation and conservation of water resources; and WHEREAS, the Board of Directors of the District desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Drought Contingency Plan as official District policy for the conservation of water. NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE SPECIAL UTILITY DISTRICT THAT: Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Drought Contingency Plan (the `Plan"), attached hereto as Addendum A, as if recited verbatim herein. The District commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law, and/or discontinuance of water service by the District. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a D-5 customer fails to comply with the Plan is a separate violation. The District's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Order was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Order and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. Section 5. Should any paragraph, sentence, clause, phrase or word of this Order be declared unconstitutional or invalid for any reason, the remainder of this Order shall not be affected. Section 6. (If Applicable( Order No. , adopted on , is hereby repealed. Approved and adopted by the Board of Directors on this _ day of President, Board of Directors Attest: Secretary IM. Water Supply Corporation Resolution Adopting Drought Contingency Plan Resolution No. A RESOLUTION ADOPTING A DROUGHT CONTINGENCY PLAN FOR THE WATER SUPPLY CORPORATION TO PROMOTE THE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN. WHEREAS, the Water Supply Corporation (the "WSC"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the WSC recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the WSC cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Duality (the "Commission") require that the WSC adopt a Drought Contingency Plan; and WHEREAS, the WSC has determined an urgent need in the best interest of the public to adopt a Drought Contingency Plan; and WHEREAS, pursuant to Chapter 67 of the Water Code, the WSC is authorized to adopt such policies necessary to preserve and conserve its water resources; and WHEREAS, the Board of Directors of the WSC desires to adopt the North Texas Municipal Water District (the "NTMWD") Model Drought Contingency Plan as official WSC policy for the conservation of water. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WATER SUPPLY CORPORATION THAT: Section 1. The Board of Directors hereby approves and adopts the NTMWD Model Drought Contingency Plan (the "Plan"), attached hereto as Addendum A, as if recited verbatim herein. The WSC commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a monetary fine as allowed by law, and/or discontinuance of water service by the WSC. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a D-7 customer fails to comply with the Plan is a separate violation. The WSC's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The Board of Directors does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Resolution was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The Board of Directors further ratifies, approves and confirms such written notice and the posting thereof. Section 4. The General Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. Further, the Board of Directors hereby authorizes the General Manager or his designee to file an amendment to the WSC's tariff to incorporate the Plan therein. Section 5. Should any paragraph, sentence, clause, phrase or word of this Resolution be ' declared unconstitutional or invalid for any reason, the remainder of this Resolution shall not be affected. ' Section 6. {lf Applicable) Resolution No. , adopted on , is hereby repealed. ' Approved and adopted by the on this _ day of 1 ' President, Board of Directors Attest: ' Secretary ' 446\12WM1br M324bk 1 IM