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HomeMy WebLinkAbout1999-07-06 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, JULY 6,1999 — 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on July 6, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Mayor Pro -Tem Council members Others Attending I. CALL TO ORDER John Moser Barbara Terrell Ed Horton Joel Hillin Marshall Shelton Bill Corbin Rusty Jergins Bea Marin Wm. H. Stanley (tardy) Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor John Moser called the meeting of the Stephenville City Council to order at 5:30 p.m. on Tuesday, July 6, 1999. Mayor Moser declared a quorum present. H. CITIZENS' GENERAL DISCUSSION Betty Heath complimented the Park and Recreation Department for the good job they are doing on the grounds at the Historical House Museum. III. PERSONNEL COMMITTEE REPORT A. Pay Plan Wm. H. Stanley reported that the committee discussed the impact on employees brought on by the increase in health insurance premiums. J General Business Meeting— July 6, 1999 Stephenville City Council 279 City Administrator Davis explained that the city's pay plan consists of three components: general, public safety, and administrative. General pay plan consists of clerical and support positions, and field positions in utilities and park and recreation. Public safety pay plan consists of police and firefighters. The administrative pay plan is for the department heads. MOTION by Rusty Jergins, second by Marshall Shelton, to authorize staff to adjust the general and public safety pay plans by 3.7% and the administrative pay plan by 2.7 %. MOTION CARRIED by unanimous vote. B. Evaluations Stanley reported that the committee discuss the personnel evaluation process, the criteria and procedures used to conduct them, and who had final review of the employees' evaluations. The committee took no action. C. Job Descriptions Stanley reported that there was some concern that the duties of the staff personnel needed to be reviewed and the descriptions adjusted accordingly. The committee took no action. D. Staffing Levels Stanley mentioned there was concern about being understaffed in the fire department. This issue will be discussed further during budget workshops. IV. SOLID WASTE MANAGEMENT COMMITTEE REPORT— Consider Amending Contract with Waste Management Joel Hillin reported that the committee has requested Waste Management to provide the cost for additional services for curbside residential recycling and curbside brush and bulky waste removal. Waste Management submitted the following options: Option 1: Waste Management would continue to provide twice a week pick up of solid waste, and one time a week pick up of curb -side recycling materials. The rate for this option would be $12.59 per month ($2.50 more than the current rate). Option 2: Reduce the residential solid waste pick up to one time per week with one time per week curb -side recycling pick up. Waste Management would furnish a container for the residents to place recycled materials in at no cost for the first container. Waste Management would offer this service at the current rate of $10.09 per month. General Business Meeting— July 6, 1999 Stephenville City Council 280 Option 3: this option would require a five -year extension to the current contract. The option would include providing each residential customer a 96- gallon ploy -cart in which to store waste. This option would include a one - time - per -week collection of solid waste and one -time- per -week pick up of recycling materials. The charge for this option would be $13.25 per residence. The residential brush and bulky waste option included a one -time- per -month pick up of brush and bulky items. The cost for this service would be $2.50 per residence per month. Hillin reported that the committee decided not to amend the contract at this time regarding residential brush and bulky waste pick up. The current contract has provisions for Waste Management to pick up brush and bulky items for a charge to the customer requesting the service. Don Davis introduced Linda Pate with Waste Management. Davis reported that Linda Pate, Danny Johnson, and Steve Kellar met with a public relations firm that Waste Management uses to discuss how best we might notify the citizens and solicit their input in regard to the recycling options. MOTION by Bea Marin, seconded by Marshall Shelton, to authorize staff to work with Waste Management to develop a proposed survey plan for consideration by the Solid Waste Management Committee and for that committee to bring a recommendation to the council. MOTION CARRIED by unanimous vote. V. FINANCE COMMITTEE REPORT A. City Scenes MOTION by Marshall Shelton, seconded by Barbara Terrell, to discontinue the half - page "City Scenes" section of the Empire- Tribune. MOTION CARRIED by unanimous vote. B. Child Safety Fund Applications MOTION by Marshall Shelton, seconded by Bill Corbin, to fund the following projects from the Child Safety Funds: S.T.A.R. Council, $1,500.00; SISD School crossing guard, $900.00; Stephenville Police Department, $250.00. General Business Meeting— July 6, 1999 Stephenville City Council MOTION CARRIED by the following vote: Ayes: Council members Horton, Terrell, Shelton, Hillin, Stanley, Corbin, and Mann. Noes: None Abstentions: Council member Jergins, having executed a conflict of interest affidavit, abstained from voting. C. Bid Award — Public Safety Computer System Shelton reported that Brady LeBlanc, the city's computer consultant, has requested $16,071.20 to upgrade the Public Safety Computer Systems. The original estimate for conversions was approximately $450,000.00, and to date $413,220.00 has been spent. MOTION by Marshall Shelton, second by Rusty Jergins, to authorize up to $16,500.00 for upgrading the Public Safety Computer System. MOTION CARRIED by unanimous vote. D. Transportation Enhancement Program Shelton reported that the Texas Department of Transportation has announced a statewide Transportation Enhancement Program. This is a cost - reimbursement program whereby federal funds pay 80% of a project and local funds pay 20% of the project. Eligible categories are facilities for pedestrians and bicycles, scenic or historic programs, landscaping and other scenic beautification, and historic preservation. As a part of the Park City Wide Master Plan, there is design of a linear park along the Bosque River with hike and bike trails connecting the City Park to the soccer field complex on the north side of town. MOTION by Marshall Shelton, second by Rusty Jergins, to adopt Resolution No. 1999 -5 designating certain officials as being responsible for, acting for, and on behalf of the "Nominating Entity" in dealing with Bosque River Trail Development for the purpose of participating in the state -wide Transportation Enhancement Program, as approved by the Transportation Equity Act for the 2151 Century and administered by the Design Division of the Texas Department of Transportation; hereinafter referred to as the "Program ", certifying that the "Nominating Entity" is eligible to participate in said program; and certifying that the local funding share of the "Nominating Entity" is available. MOTION CARRIED by unanimous vote. General Business Meeting— July 6, 1999 Stephenville City Council 2 Q44,� E. Purchasing Policies and Procedures MOTION by Marshall Shelton, second by Rusty Jergins, to amend Section 4.01 and 4.02 of the Purchasing Manual by increasing the limit from $25.00 to $250.00 for those purchases which require a purchase order. MOTION CARRIED by unanimous vote. VI. PUBLIC HEALTH AND SAFETY COMMITTEE REPORT A. Traffic Control in West Side Development Project MOTION by Bea Marin, second by Rusty Jergins to adopt Ordinance No. 1999 -15, altering the speed limit on Wolfe Nursery Road and Ordinance No. 1999 -16, altering the speed limit on a portion of Frey Street. MOTION CARRIED by unanimous vote. MOTION by Bea Marin, second by Bill Corbin to adopt Ordinance No. 1999 -17, restricting parking on a portion of Frey Street and on Wolfe Nursery Road. MOTION CARRIED by unanimous vote. B. School Zones at all SISD Campuses MOTION by Marshall Shelton, second by Bea Marm, to adopt Ordinance No. 1999 -18, amending city speed limits, generally, in school zones. MOTION CARRIED by unanimous vote. VII. PLANNING AND DEVELOPMENT COMMITTEE REPORT Council member Jergins reported that fmal bids have been opened for the West Side Development Project, and to date, we are under budget by approximately $366,897.00. A. Bid Award -- Brittain Circle Street Reconstruction MOTION by Rusty Jergins, second by Bea Marin, to award bid for the Brittain Circle street reconstruction to All -Tex Paving of Dallas in the amount of $49,544.50. MOTION CARRIED by unanimous vote. B. Bid Award -- Brittain Circle Sewer Line MOTION by Rusty Jergins, second by Bea Marin, to award the bid for the Brittain Circle sewer line to Britt Construction Co. of Hico in the amount of $78,206.90. MOTION CARRIED by unanimous vote. General Business Meeting — July 6, 1999 Stephenville City Council a 283 z C. Bid Award - -West Side Development Landscape and Irrigation MOTION by Rusty Jergins, second by Bill Corbin, to award bid to Miller Nursery for median tree planting and irrigation of West Side Development Project in the amount of $175,262.00 (which includes the base bid of $92,665.00 plus Alternate 1 for median noses with pavers, concrete subbase and concrete mowstrip, $36,957.00; Alternate 2 for installation of irrigation system for turfgrass, $42,000.00; and Alternate 3 for installation of hydromulched Lolium multiflonun, $3,640.00). MOTION CARRIED by unanimous vote. MOTION by Rusty Jergins, second by Bea Marin, to approve Change Order No. 2 in the amount of $23,785.00 for treatment of subgrade soils on Wolfe Nursery Road. MOTION CARRIED by unanimous vote. D. Municipal Service Center Jergins reported that the committee discussed possible sites for the Municipal Service Center. Don Davis used a map to show the council the location of a suggested site for the MSC. He explained that the suggested site is a 4.5 acre tract owned by the Texas National Guard and is adjacent to the city's airport property. Davis has contacted the State Military Facility Service, which is the state agency that oversees this property, and will be discussed at the commission's July quarterly meeting. MOTION by Rusty Jergins, second by Bea Marin, to approve the Consent Agenda as follows: VIII. CONSENT AGENDA A. Approval of Minutes 1. Regular Business Meeting on June 1, 1999 2. Special Council Meeting on June 15, 1999 B. Bid Specifications 1. Street Signs 2. Hand -held and Mobile Radios 3. Scrap Metals C. Ordinance Amending Drought Contingency Plan MOTION CARRIED by unanimous roll call vote. General Business Meeting— July 6, 1999 Stephenville City Council 284 IX. CITY ADMINISTRATOR'S REPORT Don Davis reported that Mayor Moser and Council Members Jergins and Marin attended the Legislative Briefing with him and that a written report on this meeting will be forwarded to the council. Rusty Jergins reported that it was suggested that councils should invite their local congressmen to one of their meetings. Jergins suggested that we invite Senator David Sibley and Representative David Lengefeld to a council meeting. Danny Johnson reported that water usage for the last few days has averaged slightly over 3 million gallons per day. X. EXECUTIVE SESSION. At 7:05 p.m., Mayor Moser recessed the open portion of the meeting and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.071 Consultations with Attorney and Sec. 551.074 Personnel Matters. M XII. ATTEST: A. TNRCC Administrative Order B. Claim of Mike and Cheryl Longley C. Director of Human Resources position ACTION TAKEN ON ITEMS DISCUSSED necessary) IN EXECUTIVE SESSION (if MOTION by Rusty Jergins, second by Bea Marin, to authorize staff to negotiate a contract and hire the firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. to represent the city with respect to the TNRCC Municipal Solid Waste Enforcement matter. MOTION CARRIED by unanimous vote. ADJOURN MOTION by Rusty Jergins, seconded by Wm. H. Stanley, to adjourn the meeting. Motion carried by unanimous approval at 10:30 p.m. Jo Moser, ayor Cindy E SoVtary General Business Meeting— July 6, 1999 Stephenville City Council 285 RESOLUTION NO. 1999-5 A RESOLUTION OF THE CITY OF STEPHENVILLE, TEXAS, HEREINAFTER REFERRED TO AS THE "NOMINATING ENTITY" DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "NOMINATING ENTITY" IN DEALING WITH BOSQUE RIVER TRAIL DEVELOPMENT FOR THE PURPOSE OF PARTICIPATING IN THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM, AS APPROVED BY THE TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY AND ADMINISTERED BY THE DESIGN DIVISION OF THE TEXAS DEPARTMENT OF TRANSPORTATION; HEREINAFTER REFERRED TO AS THE "PROGRAM ", CERTIFYING THAT THE "NOMINATING ENTITY" IS ELGIBLE TO PARTICIPATE IN SAID PROGRAM; AND CERTIFYING THAT THE LOCAL FUNDING SHARE OF THE "NOMINATING ENTITY" IS AVAILABLE. WHEREAS, the "PROGRAM" allows the "NOMINATING ENTITY" to submit the Bosque River Trail Project for cost reimbursement consideration by the Texas Department of Transportation; and WHEREAS, the "NOMINATING ENTITY" is eligible to participate and receive cost reimbursement under the "PROGRAM ", and WHEREAS, the "NOMINATING ENTITY" is desirous of authorizing an official to represent and act for the "NOMINATING ENTITY" in dealing with the Texas Department of Transportation concerning the Bosque River Trail Project; NOW THEREFORE,BE IT RESOLVED BY THE NOMINATING ENTITY BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1: That the "NOMINATING ENTITY" is committed to the Bosque River Trail Project, development, implementation and construction; and SECTION 2: That the "NOMINATING ENTITY" will provide maintenance and management services when the Bosque Rive Trail Project is developed; and SECTION 3: That the "NOMINATING ENTITY" local funding share of the development and construction cost of the Bosque River Trail Project is available; and SECTION 4: That the "NOMINATING ENTITY" hereby authorizes and directs its City Administrator to act for the "NOMINATING ENTITY" in dealing with the Texas Department of Transportation; and SECTION 5: The "NOMINATING ENTITY" hereby specifically authorizes the City Administrator to prepare, sign and submit all information and forms as required to participate in said "PROGRAM ". APPROVED and ADOPTED by the City Council of the City of Stephenville held on this day 60' of July, 1999 ATTEST: City Administrator Approved as to form and content by Randy Thomas, City Attorney J Moser, Mayor 287 ORDINANCE NO. 1999-15 SPEED ZONE ORDINANCE AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX,R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF STEPHENVILLE AS SET OUT IN THE ORDINANCE: AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit there at or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: Street: Wolfe Nursery Road County-: Erath The full length of Wolfe Nursery Road zoned at 40 miles per hour. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two hundred dollars ($200.00). This ordinance modifies previous ordinances pertaining to the above - referenced highway. 288 PASSED and APPROVED this day of al, 1999. Reviewed by Donald B. Davis Approved as to form and legality Randy Thomas, City Attorney 289 ORDINANCE NO. 1999-16 SPEED ZONE ORDINANCE AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX,R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF STEPHENVILLE AS SET OUT IN THE ORDINANCE: AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit there at or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: Street : Frey Street County.: Erath Four hundred feet west of the intersection of Frey Street and Rowland Street to be intersection of FM 988 and Frey Street zoned at 40 miles per hour. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two hundred dollars ($200.00). This ordinance modifies previous ordinances pertaining to the above - referenced highway. 290 PASSED and APPROVED this cth day of a ", 1999. ATTEST: Cindy L. Reviewed by Donald B. Davis Approved as to form and legality Randy Thomas, City Attorney ME ORDINANCE NO. 1999-17 AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, RESTRICTING PARK [NG ON FREY STREET AND WOLFE NURSERY ROAD OR PARTS THEREOF, WITH IN TBE CORPORATE LBUTS OF THE CITY OF STEPHENVILLE AS SET OUT IN THIS ORDINANCE: AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, the City of Stephenville finds that it is in the best interest of the City to restrict parking on Frey Street from a point 400 ft. west of its intersection with Rowland Street to its intersection with FM 988. WHEREAS, the City of Stephenville finds that it is in the best interest of the City to restrict parking the full length of Wolfe Nursery Road. WHEREAS, the City of Stephenville finds that both of the streets are being constructed in an undeveloped area. The streets are designed for the flow of traffic on two lanes in each direction, and the streets are not designed for on - street parking. Future development will require off - street parking. NOW, TBEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, that this no parking zone become effective as herein provided. Sectinn One A no parking zone is established on both sides of Frey Street from 400 ft west of the intersection with Rowland Street to its intersection of FM 988. Section Two A no parking zone is established on either side of Wolfe Nursery Road. Section Three If any person violates any of the provisions of this ordinance, he shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $20.00 nor more than $200.00. Each day of each said violation shall be deemed a separate offense. 292 PASSED AND APPROVED this r j� h day of July, 1999. ATTEST: �..: i ,� L2j-6j Cindy L. i &Aa &Wo Reviewed by Donald B D. Administrator City Approved as to form and legality Randy Thomas, City Attorney ME ORDINANCE 1999 -18 i AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, AMENDING CITY SPEED LMITS; GENERALLY; IN SCHOOL ZONES AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, the City of Stephenville finds that it is in the best interest of the City to amend the existing speed ordinance Sec. 13 -6 to add Sec. 13 -6.1 School Zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One That Sec. 13 -6.1 City speed limits; in school zones. Subsection (a & b) amended to read as follows: (a) The Chief of Police of Stephenville is authorized to designate all school zones. The maximum prima facie speed limit for any person to operate or drive any vehicle in or through an area designated as a school zone shall be 20 miles -per- hour. The 20 miles- per -hour shall be in effect during certain designated hours when school is in session. The area shall be marked by signs showing the 20 miles- per -hour speed limit to be in effect during the designated hours or when warning lights flash. (b) Whenever the Chief of Police has erected and installed signs for the designated school zones, or has caused the same to be done under his direction, the Chief of Police shall thereafter file a report with the city secretary in writing and signed officially by the Chief of Police, stating the location of the school zones. The city secretary shall file and maintain such report of the Chief of Police among the official papers of the office of the city secretary. Certion Two If any person violates any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $20.00 nor more than $200.00. Each day of each violation shall be deemed a separate offense. 294 PASSED and APPROVED this F +h day of July, 1999. City Administrator Approved as to form and legality by Randy Thomas, City Attorney =Vro-� J Moser, Mayor 295 ORDINANCE 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 1' through September 30', 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. a4uy�� o Moser, Mayor ATTEST: , Reviewed by Donald B. Davis, City Administrator Approved as to form and legality Randy Thomas, City Attorney 206 Amended DROUGHT CONTINGENCY PLAN FOR THE t 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`h, at 5:30 p.m. to discuss the Plan. The City Council met on May 4`h, 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. l' CONMNDOC 1 2S{ 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; CONMNDOC 2 2.99 Amended (c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; i (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 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. CO=NDOC 3 299 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 dally 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: I. 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: CON N.DOC 4 300 Amended 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: M, (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 (l, 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. 5 301. re;r 4rX41 (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. corrrnuv.00c 6 , 302 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: 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: nc.IMMI.nza (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. 7 303 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 (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. CO=N.DOC 8 304 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: (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. CO=NDOC 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 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. coN=Doc 10 3 0 1'