HomeMy WebLinkAbout1999-O-08 - Drought Contingency PlanORDINANCE NO. 1999 - 8
AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, ADOPTING A
DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE
INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES;
ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING
PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT
OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING
VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Stephenville, 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 12.1272 of the Texas Water Code and applicable rules of the Texas Natural
Resource Conservation Commission 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 Stephenville,
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 STEPHENVILLE, TEXAS:
SECTION 1.
That the City of Stephenville, Texas Drought Contingency Plan attached hereto as Exhibit
"A" and made part hereof for all purposes be, and the same is hereby adopted as the official policy
of the City.
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same are hereby, repealed and all other ordinances of the City not in conflict with the provisions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 unconstitutional, illegal or invalid, the same shall not affect the validity of
226
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 publications
of the caption, as the law in such cases provides.
DULY PASSED BY THE CITY OF STEPHENVILLE, TEXAS, on the y ��
day of M cz� 1999.
ATTESTED TO:
evie�wed by Donald B. Davis, City Administrator
Approved as to form and legality by
Randy Thomas, City Attorney
ORDINANCE NO. 1999 - 8
I
AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, ADOPTING A
DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE
INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES;
ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING
PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT
OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING
VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Stephenville, 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 12.1272 of the Texas Water Code and applicable rules of the Texas Natural
Resource Conservation Commission 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 Stephenville,
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 STEPHENVILLE, TEXAS:
SECTION 1.
That the City of Stephenville, Texas Drought Contingency Plan attached hereto as Exhibit
"A" and made part hereof for all purposes be, and the same is hereby adopted as the official policy
of the City.
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 unconstitutional, illegal or invalid, the same shall not affect the validity of
228
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 publications
of the caption, as the law in such cases provides.
DULY PASSED BY THE CITY OF STEPHENVH.LE, TEXAS, on the y ��
day ofM rz� 1999.
ATTESTED TO:
feeviewed by Donald B. Davis, City Administrator
V V�
Approved as to form and legality by
Randy Thomas, City Attorney
229
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 H: 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 26 s, at 5:30 p.m. to
discuss the Plan. The City Council met on May 4th, 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.DOC
1
Exhibit A
230
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;
CONTM�"DOC 2 Exhibit A
231
(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, or 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 shall be
required to comply with the requirements and restrictions on non -essential water uses, defined in
Section IX of this Plan.
�1 Requirements for termination - Stage 1 of the Plan may be rescinded on September 30th.
CM"L+.DX 3 Exhibit A
232
(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:
1. 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:
COR LKD 4 Exhibit A
233
MO LN,D
Stage I - 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.
Exhibit A
234
(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:
NQhN NO .....
(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.
6 Exhibit A
235
(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:
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 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:
,.,,1• ..
(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.
7 Exhibit A
236
(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
(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.
MO LNDW
3
Exhibit A
237
(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:
(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.
COMPLNOOC 9 Exhibit A
218
(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 XIH: 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.
CONiPLN.DOC
10
Exhibit A
239