O-2519-5-06ORDINANCE NO. 2519-5-06
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, REPEALING ORDINANCE NO. 2333-9-04 IN ITS ENTIRETY;
REPEALING SECTION 6 OF ORDINANCE 2499-3-06; AMENDING CHAPTER 14
OF THE CODE OF ORDINANCES BY AMENDING SECTION 14-15 THROUGH 14-
16 TO ESTABLISH A NEW DROUGHT CONTINGENCY PLAN FOR THE CITY OF
ALLEN; ADOPTING THE NORTH TEXAS MUNICIPAL WATER DISTRICT
DROUGHT CONTINGENCY PLAN; ESTABLISHING PROCEDURES AND
CRITERIA FOR DECLARING A WATER EMERGENCY AND IMPLEMENTING
AND TERMINATING THE DROUGHT RESPONSE STAGES AND ESTABLISHING
RESTRICTIONS ON CERTAIN WATER USES; 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, in April 2006, North Texas Municipal Water District (the "NTMWD") revised their drought
contingency plan to address concerns arising from the regional drought which began in the summer of 2005;
and,
WHEREAS, the City Council of the City of Allen desires to adopt the revised NTMWD Model Drought
Contingency Plan with the certain 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 NTMWD Model Drought Contingency Plan with the following
amendments to read as follows:
"Sec. 1415. 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. 1416. 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 1-1, add the following as new
paragraphs after the last paragraph.]
"This plan applies to all users of the City of Allen water supply. The fast 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.
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 NTMWD."
(2) Section 3.2 Provisions for Continuing Public Education and Information. [On page 3-1,
add as a new fifth bullet point.]
"Annually the Director of Community Services will mail information on the Drought
Contingency Plan and water conservation tips to each water system user. 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 Response Stage," add a new paragraph on page 3-2 after the paragraph
beginning with "Drought stages imposed by NTMWD 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.
Ordinance No. 2519-5-06 Page 2
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
t 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.
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, internet, 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 ander the supplier's Hist 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) how 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
Stage 2. Moderate" on page 3-5.1
"The City may prohibit watering from 5:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 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 -
few (24) how 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 last bullet point sentence ending with "... Prohibit watering of golf courses using
treated water, except as needed to keep greens and tees alive."]
"The City of Allen's mandatory water conserving measures and mandatory use prohibitions
or limitations at Stage 3 are:
a. The hosing of paved areas, buildings, or windows is prohibited.
b. Operation of ornamental fountains if they use treated water is prohibited.
'
C. Washing or rinsing of vehicles by hose is prohibited. Exception: Commercial car
washes may continue to operate.
d. Using water in such a manner as to allow runoff or other waste is prohibited.
Ordinance No. 2519-5-06, Page 3
C. Outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00
' p.m. is prohibited year round after Stage 3 is announced.
f Landscape watering with sprinklers or irrigation systems at each service address is
limited to once every seven (7) days. All customers, residential and commercial, will
be allowed to water only on the day of regularly scheduled residential trash collection
as delineated by the City's map showing trash pick-up days. Exceptions:
Foundations, new plantings (first year) of shrubs, and trees may be watered for up to
a total of one (1) hour on any day by a hand-held hose, soaker hose, or drip irrigation
system. Established trees may also be watered within a ten -foot radius of their trunk
by hand-held hose, soaker hose, or drip irrigation as part of the one hour exception.
g. Golf courses may only water greens and tee boxes with treated water without
restrictions. Exception: There are no restrictions on golf course watering or
irrigating using untreated water.
h. Existing swimming pools are prohibited from being drained and refilled. Exception:
Permits to construct new pools may continue to be issued and the pools may be
constructed and filled with water. Normal water losses may be replaced in all pools,
private and public.
Other Stage 3 Provisions:
1. By Council resolution the City will initiate a rate surcharge by resolution for all
' residential and imigationonly water use over a consumption level that will be
specified in the rate setting resolution."
(9) Section 3.4 Drought and Emergency Response Stages. [Under "Stage 4, Emergency,"
under "Goals for Use Reduction and Actions Available Under Stage 4. Emergency," add
at the end of the last bullet point sentence ending with "If NTMWD has imposed a
reduction in water available to member cities and customers, impose the same percent
reduction on wholesale customers."]
"The City of Allen's mandatory water conserving measures and mandatory use prohibitions
or limitations at Stage-4 are:
a. All of the mandatory water conservation measures initiated under Stage 3 that are not
changed or specifically mentioned under this section are continued at Stage 4.
b. The establishment of new landscaping is prohibited.
C. If one of the causes for the water situation in NTMWD's Stage 4 implementing letter
is anticipation that NTMWD will exceed the limits of permitted water supply, the
washing of vehicles is prohibited except as necessary for health, sanitation, or safety
reasons. In this case, all commercial car washes are prohibited from operation.
Exception: Commercial car washes may continue to operate if Stage 4 was not
placed in effect over concern that NTMWD will exceed the limits of permitted water
supply.
' d. Commercial and residential landscape watering with sprinklers or irrigation systems
is prohibited. Exceptions: foundations and trees may be watered for two (2) hours
on any day with a hand-held hose, soaker hose, or drip irrigation system. Trees may
Ordinance No. 2519-5-06, Page 4
only be watered within a ten -foot radius of their trunk by hand-held hose, soaker
hose, or drip irrigation as part of the two hour exception.
' e. No permits for construction of private pools will be issued. Exceptions: Pools
already permitted may be completed and filled with water. Existing private and
public pools may add water to maintain pool levels, but may not be filled and
drained.
Other Staee 4 Provisions:
Commercial water users will be required to reduce water use by a percentage
established by the City Manager or official designee through direct correspondence to
the commercial entity.
By Council resolution, the City may enact an additional rate surcharge for all
residential and irrigation -only water use over a consumption level that will be
specified in the rate setting resolution. This additional rate increase may be
implemented if the Council believes that higher conservation rates are necessary to
further decrease demand, and/or because the Water and Sewer Enterprise Fund's
viability is threatened by a significant decrease in water sales."
(10) Section 3.4 Drought and Emergency Response Stages. [Under "Stage 4, Emergency,"
under "initiation and Termination Conditions for Staee 4. Emereencv," add as a bullet
point under the supplier's list of reasons to initiate this stage on page 3-8.1
' "The City is unable to recover water storage of 50% in all storage facilities within a twenty-
four (24) how period."
(11) Section 3.5 Procedures for Granting Variances to the Plan. [On page 3-9, 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 Draught and
Emergency Response Stage elevate from the Stage in which the temporary variance was approved to
any higher Stage of response."
(12) Section 3.6 Procedures for Enforcing Mandatory Water Use Restrictions. [On page 3-
10, add after the last bullet point as new paragraphs.]
"Any person, firm, or corporation violating any of the provisions or terms of the drought
contingency plan shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject to
a fine not to exceed two thousand dollars ($2,000) for each offense. Each and every day such
violation shall continue shall be deemed to constitute a separate offense. The Community Services
Director or designee is responsible for the enforcement of the Drought Contingency Plan.
For enforcement purposes, after one warning of violation, if a citation is to be issued, and the
' account holder cannot be reached to be served the citation including the account holder's apparent
refusal to accept delivery of a citation sent by certified mail, then the City may discontinue water
service until such time as the registered City utility account holder presents themselves to receive
their citation. After the citation is issued, no reconnection fee will be charged to the customer."
Ordinance No. 2519-5-06. Page 5
(13) Section 3.7 Coordination with the Regional Water Planning Group and NTMWD. [On
page 3-10, 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."
(14) Section 3.8 Review and Update of Drought Contingency Plan. [On page 3-10, add after
the last sentence, same paragraph.[
"The Community Services Direct" 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
TCEQ."
SECTION 2. Any custom", 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.
SECTION 3. 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 4. 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 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. This ordinance shall take effect immediately from and after its passage and it is accordingly
so ordained.
Ordinance No. 2519-5-06, Page 6
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 9TH DAY OF MAY 2006.
APPROVED AS TO FORM:
Peter G. Smith, City Attorney
APPROVED:
'4Qr-a�
Stephen' errell, Mayor
ATTEST:
v
Shelley B. Geor ity Secretary
Ordinance No. 2519-5-06. Page 7
' Stephanie W. Griffin, P.E.
Thomas C. Gooch, P.E.
NTD03301
WCF 03-7
MODEL DROUGHT
CONTINGENCY
PLAN FOR NORTH
TEXAS MUNICIPAL
WATER DISTRICT
MEMBER CITIES
AND CUSTOMERS
AUGUST 10, 2004
REVISED APRIL 2006
Prepared for:
NORTH TEXAS
MUNICIPAL WATER
DISTRICT
Prepared by:
Freese and Nichols, Inc.
4055 International Plaza
Suite 200
Fort Worth, TX 76109
817/735-7300
I
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 riles. 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.
Freese and Nichols, Inc.
(817)735-7300
tcg@.freese.com
Stephanie Griffin, P.E.
Freese and Nichols, Inc.
(817)735-7300
swg(� rcese.com
Denise Hickey
North Texas Municipal
Water District
(972) 442-5405
DhickeyOxtmwd.com
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
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, 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.
' ' 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
P
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 "
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(axl)(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)(M - 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(6) —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 w
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, a 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
3A 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:
Model Drought Contingency Plan NTMWD Member Cifies and Customers
'
o The water level in Lake Lavon has fallen below elevation 484.0 ml (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 bas 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.
Model Drought Continrencv 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
3-4
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 NTAMD 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 mal (14 feet
below the top of conservation storage).
o The water level in Lake Chapman has fallen below elevation 426.0 mal (14 feet
below top of conservation storage).
o Water use is projected to approach or exceed the limit of the permitted supply.
0 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 Otter 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 most
' 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 most notify TCEQ within five business days if these measures are
implemented:
• Continue or initiate any actions available under Stages I 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 (fust year) of shmbs, 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 Continrencv 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.
0 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
1
• 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
1
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 ordinances) 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.
C
3-10
I
APPENDIX A
LIST OF
D
' 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
b!W://www.U=.state.tx.us/oprd/mles/t)dilib/288&pd£ 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, August 2004.
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 Bill 1 Regulatory Requirements,'
Austin, August 1999.
(4)
City of Austin Water Conservation Division: "City of Austin Water Conservation
Plan, Developed to Meet Senate Bill 1 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
http://www.dafascitvhall.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 hoWei./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
hflp://www.cityolhouston. aov
(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.
I
(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
ft://www.epwu.org/ordinance.httnl
(25) San Antonio Water System: "Water Conservation and Reuse Plan," San Antonio,
November 1998 with June 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.
A-2
' APPENDIX B
TEXAS COMMISSION ON ENVIRONEMTNAL QUALITY RULES
ON DROUGHT CONTINGENCY PLANS
17M
' 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
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 most document coordination with the Regional
Water Planning Groups for the service area of the retail public water supplier
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
rationale orbasis 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
mm
' 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) utilization 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.
(I) 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 their 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
I
' APPENDIX C
LETTERS TO REGION C AND REGION D
WATER PLANNING GROUPS
1
' APPENDIX C
Letters to Region C and Region D Water Planning Groups
Date
Mr. Jim Parks
Chair, Region C Water Planning Group
North Texas Municipal Water District
P.O. Box 2408
Wylie, TX 75098
Dear Mr. Parks:
Enclosed please find a copy of the model drought contingency plan for member cities and
' customers of the North Texas Municipal Water District. I am submitting a copy of this
plan to the Region C Water Planning Group in accordance with the Texas Water
Development Board and Texas Commission on Environmental Quality rules.
Sincerely,
Jim Parks
North Texas Municipal Water District
C-1
' Date
Mr. Tony Williams
Chair, Region D Water Planning Group
C/O City of Kilgore
P.O. Box 990
Kilgore, TX 75663
Dear Mr. Williams:
Enclosed please find a copy of the recently adopted model drought contingency plan for
member cities and customers of the North Texas Municipal Water District. I am
submitting a copy of this plan 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 plan
on
Sincerely,
Jim Parks
Executive Director
North Texas Municipal Water District
1
C-2
I
' APPENDIX D
ADOPTION OF DROUGHT CONTINGENCY PLAN
APPENDIX D
Adoption of Drought Contingency Plan
Municipal Ordinance
Adopting Drought Contingency Plan
4. 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'7 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
Secdon 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:
' City Secretary
D-2
' Municipal Utility District Order
Adopting Drought Contingency Plan
5. 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'l, 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. Bach day a
customer fails to comply with the Plan is a separate violation. The Districfs 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.
5.1
Approved and adopted by the Board of Directors on this _day of
President, Board of Directors
Attest:
Secretary
1
D-4
' Special Utility District Order
Adopting Drought Contingency Plan
6. 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'j 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
I
iZ
' Water Supply Corporation Resolution
Adopting Drought Contingency Plan
7. 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 Quality (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
I�
' 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 confines 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. {If Applicable} Resolution No. , adopted on is hereby
repealed.
1 Approved and adopted by the on this _ day of _.
President, Board of Directors
Attest:
Secretary
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