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HomeMy WebLinkAbout1999-O-19 - Amending Drought PlanORDINANCE NO.1999-19 AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, AMENDING THE DROUGHT CONTINGENCY PLAN AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, that Section VIII (a) of the Drought Contingency Plan is amended as follows: Section One Section VIII(a) of the Drought Contingency Plan is amended to read as follows: "(a) Stage 1— Mild Water Shortage Conditions "Requirements for initiation — Beginning May V through September 3&, all customers are requested to voluntarily conserve water and limit the irrigation of landscaped areas to two days per week. The days of the week are left up to the customers. "Requirements for termination — Stage 1 of the Plan may be rescinded on September 30'." Section Two This ordinance shall take effect immediately from and after its passage and the publications of the caption, as the law in such cases provides. PASSED AND APPROVED this 6" day of July, 1999. 1� W �� o Moser, Mayor ATTEST: Reviewedby Donald B. Davis, City Administrator Approved as to form and legality Randy Thomas, City Attorney 2�'S Amended DROUGHT CONTINGENCY PLAN FOR THE CITY OF STEPHENVILLE Section I: Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Stephenville hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non -essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section X of this Plan. Section II: Public Involvement The City provided an opportunity for public input into the Plan by scheduling two public meetings. A meeting of the Water Planning Committee was held on April 261h, at 5:30 p.m. to discuss the Plan. The City Council met on May 41h, at 5:30 p.m. to adopt the Plan and Ordinance. Section III: Public Education City will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of press releases, radio announcements, cable television public announcement channels, and utility bill notices. Section IV: Coordination with Regional Water Planning Groups The service area of City is located within the Brazos Region G Planning Group and City has provided a copy of this Plan to the Brazos Region G Regional Planning Group. Section V: Authorization The Mayor or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Mayor, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. CON LN. O 1 ?97 Amended Section VI: Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by City. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Section VII: Definitions For the purposes of this Plan, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer: any person, company, or organization using water supplied by City. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights -of -way and medians. Non -essential water use: water uses that are not essential nor required for the protection of public, health, safety, and welfare, including: (a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan; (b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; CON LN.DOC 2 z�a Amended (c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; (d) use of water to wash down buildings or structures for purposes other than immediate fire protection; (e) flushing gutters or permitting water to run or accumulate in any gutter or street; (f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; (g) use of water in an outside fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than fire fighting. Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1,3, 5, 7, o:� 9. Section VIII: Triggering Criteria for Initiation and Termination of Drought Response Stages The Mayor, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in local newspaper, announcements on radio stations, and cable television public announcement channels. The triggering criteria described below are based on experience of groundwater conditions during past droughts. (a) Stage 1 - Mild Water Shortage Conditions Requirements for initiation - Beginning May 1st through September 30th, all customers are requested to voluntarily conserve water and limit the irrigation of landscaped areas to two days per week. The days of the week are left up to the customers. Requirements for termination - Stage 1 of the Plan may be rescinded on September 30th. CONMKo t1 299 Amended (b) Stage 2 - Moderate Water Shortage Conditions Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non -essential water uses for Stage 2 of this Plan, when total daily water demand equals or exceeds 4 million gallons per day for five consecutive days or 4.8 million gallons per day on any single day. Requirements for termination - Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of ten consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (c) Stage 3 - Severe Water Shortage Conditions Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non -essential water uses for Stage 3 of this Plan when total daily water demand equals or exceeds 4 million gallons per day for five consecutive days or 4.8 million gallons on a single day and/or continually falling treated water reservoir levels which do not refill overnight. Requirements for termination - Stage 3 of the Plan may be rescinded when weather conditions have changed and all of the conditions listed as triggering events have ceased to exist for a period of ten consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (d) Stage 4 - Emergency Water Shortage Conditions Requirements for initiation - Customers shall be required to comply with the requirements and restrictions for Stage 4 of this Plan when the Mayor , or his/her designee, determines that a water supply emergency exists based on: Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or 2. Natural or man-made contamination of the water supply source. Requirements for termination - Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 7 consecutive days. Section IX: Drought Response Stages The Mayor, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII of the Plan, shall determine that a mild, moderate, severe, or emergency condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation: cON1 DDc 4 31A Amended CON LND Stage 1 - Mild Water Shortage Conditions Goal: Reduce daily water demand to less than 4 million gallons per day. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and will only irrigate landscape areas on designated watering days. Water Use Restrictions: Under threat of penalty for violation, the following water use restrictions shall apply to all persons: (a) Irrigation of landscape areas shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7, or 9). (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited, except on designated watering days. Such washing, when allowed, shall be done with a hand-held bucket or a hand- held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days. (d) Operation of any outside ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from City. (f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided by City, the facility shall not be subject to these regulations. 3 (1 Amended (g) The following uses of water are defined as non -essential and are prohibited: 1. wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; 2. use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to run or accumulate in any gutter or street; and 5. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). Stage 2 - Moderate Water Shortage Conditions Goal: Reduce daily water demand to less than 4 million gallons per day. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and reduce irrigation of public landscaped areas to once every seven days. Water Use Restrictions: All requirements of Stage 1 shall remain in effect during Stage 2 except: (a) Irrigation of landscaped areas shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8) and Saturdays and Wednesdays for customers with a street address ending in an odd number (1, 3, 5, 7, or 9) and to irrigate landscapes only between the hours of 12:00 midnight to 10:00 am and 8:00 pm to 12:00 midnight on designated watering days. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight to 10:00 am and between 8:00 pm and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight to 10:00 am and between 8:00 pm and 12:00 midnight. CON NOOC 6 3f)2 Amended (d) Operation of any outside ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water form designated fire hydrants for construction purposes may be allowed under special permit from City. (f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days except between the hours of 12:00 midnight to 10:00 am and 8:00 pm to 12:00 midnight. However, if the golf course utilizes a water source other than that provided by City, the facility shall not be subject to these regulations. (g) The following uses of water are defined as non -essential and are prohibited: I. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; 2. Use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to run or accumulate in any gutter or street; and 5. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). Stage 3 - Severe Water Shortage Conditions Goal: Reduce daily water demand to less than 4 million gallons per day. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and irrigation of landscape areas will be limited to once every 10 days. Use of water for fire department practices will be discontinued. Water Use Restrictions: All requirements of Stages 1 and 2 shall remain in effect during Stage 3 except: (a) Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m and 10:00 a.m. and between 8 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose -end sprinklers is prohibited at all times. 1 CON N.D 303 Amended (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 10:00 P.M. (c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is prohibited. (d) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) No applications for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved Stage 4 - Emergency Water Shortage Conditions Goal: Achieve a 50 percent reduction in daily water demand. Supply Management Measures: City will discontinue flushing of fire hydrants and water mains (except as necessary in repair of broken water lines) and all other non -essential water uses, including water for fire department practices. Water Use Restrictions: All requirements of Stages 1, 2 and 3 shall remain in effect during Stage 4 except: (a) Irrigation of landscaped areas is absolutely prohibited. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. Section X: Enforcement CON LXD (a) No person shall knowingly or intentionally allow the use of water from City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the Mayor, or his/her designee, in accordance with provisions of this Plan. 0 304 Amended (b) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00). Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, the Mayor shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge and any other costs incurred by the City in discontinuing service. In addition, suitable assurance must be given to City that the same action shall not be repeated while this Plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court. (c) Any person, including a person classified as a water customer of City, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Section XI: Variances The Mayor, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with City within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Mayor, or his/her designee, and shall include the following: CON LND (a) Name and address of the petitioner(s). (b) Purpose of water use. (c) Specific provision(s) of the Plan from which the petitioner is requesting relief. Z 305 Amended (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (e) Description of the relief requested. (f) Period of time for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information. Variances granted by City shall be subject to the following conditions, unless waived or modified by the Mayor or his/her designee: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. Section XIII: Severability It is hereby declared to be the intention of the Mayor and City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the Mayor and City Council (governing body of the water supplier) without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. CON LND 10 306