HomeMy WebLinkAboutOrdinance No. 05-1593
ORIGINAL
ORDINANCE NO. t2J 5"-1$"'13
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING 12-
188.1 DROUGHT CONTINGENCY PROVIDING RESTRICTIONS
ON CERTAIN WATER USES, PROVIDING FOR
IMPLEMENTATION NOTIFICATION; PROVIDING FOR A
REVIEW AND UPDATE OF THE PLAN; PROVIDING FOR
COORDINATION WITH THE REGIONAL WATER PLANNING
GROUPS; PROVIDING SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of The Colony, Texas recognizes that the amount of water available
to the City and its water utility customers is limited and subject to depletion during
periods of extended drought;
WHEREAS, the City recognizes that natural limitations due to drought conditions and
other acts of God cannot guarantee an uninterrupted water supply for all purposes;
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas
Commission on Environmental Quality require all public water supply systems in Texas
to prepare a drought contingency plan; and
WHEREAS, as authorized under law, and in the best interests of the citizens of The
Colony, Texas, the City Council deems it expedient and necessary to establish certain
rules and policies for the orderly and efficient management of limited water supplies
during drought and other water supply emergencies;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF THE COLONY
TEXAS:
SECTION 1. That the City of The Colony Code of Ordinances be, and the same
is, hereby amended by amending Section 12-118.1, Drought contingency, which shall
read as follows:
"Sec. 12-118.1. Drought contingency.
(a) Implementation. .....
(b) Drought phases. ... based on the following situations:
1. 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,
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iv. system outage due to the failure or damage of major water
system components.
(1) Phase 1.
a. Voluntary water rationing - Trigger conditions. .....
1. Dallas Water Utilities declares Stage 1 Water Watch.
. . . . . .
b. Voluntary water rationing - Drought contingency
measures. . . . . .
. . . . .
3. Encourage voluntary reduction of water use by radio,
TV, or newspaper.
. . . . .
(2) Phase 2.
. . . . .
(3) Phase 3.
a. Emergency condition. . . . .
. . . . .
3. Failed or damaged major water system components
causing a water system outage (tornadoes, hurricanes,
or man, etc.). . . . .
. . . . .
5. Other water emergencies as identified by the City
Manager (for example, water production or distribution
system limitations, etc.).
b. Emergency condition . . . . .
. . . . .
5. Utilize alternative water sources and/or alternative
delivery mechanisms with the prior approval of the
executive director as appropriate (interconnection with
another water system, temporary use of a non-
municipal water supply, use of reclaimed water for non-
potable purposes, etc.).
(4) Phases 1 and 2 restrictions.
..... .
During periods of water shortage and drought, the following
water use reduction will be implemented:
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a. Phase 1 - 2% water use reduction
b. Phase 2 - 6% water use reduction
c. Phase 3 - 10% water use reduction
(c) Information and education. A program of continuing public
education and information regarding the drought contingency plan has
been implemented. The public is made aware of conservation and drought
conditions by information and date transfer through the City's water
conservation program primarily through the news media. During periods
of drought conditions the City utilizes the most effective methods
developed for information dissemination on a daily basis including cable
channels, written notices, mailers and the City's Web site.
(d) Initiation procedures. .....
(e) Termination of notification actions. .....
.... .
(f) Enforcement. .....
(g) Penalties. ......
(h) Variances. .....
(i) Implementation notification. The City of The Colony will
notify the Executive Director of the TCEQ within five (5) business days of
the implementation of any mandatory provisions of the drought
contingency plan.
(j) Review and update of the plan. The City of The Colony will
review and update, as appropriate, the drought contingency plan at least
every five (5) years, based on new or updated information, such as the
adoption or revision of the regional water plan.
(k) Coordination with the Regional Water Planning Groups. In
accordance with TCEQ regulations, a copy of this adopted drought
contingency plan will be provided to the Region C Water Planning
Group."
SECTION 2. That all ordinances that are in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase, or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole or any part or provision
thereof, other than the part so declared to be invalid, illegal or unconstitutional.
SECTION 4. This ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law in such cases provides.
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DULY PASSED BY THE CITY OF THE COLONY, TEXAS, on the 16th day of
May, 2005.
APPROVED:
ATTESTED TO:
S TO FORM:
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