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HomeMy WebLinkAboutORD 2006-22 - Drought Contingency PlanORDINANCE NO, AN ORDINANCE OF THE ^�^/t+� IT OF GEORGETO '�-1T, TEXAS, REPEALING THE EXISTING HAPTE 13.16 OF THEN #.J CITY 1 OF GEORGETOWN CODE OF ORDINANCES, AND ADOPTING A NEW CHAPTER 13.16 OF THE CODE OF ORDINANCES RELATING TO THE 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; PROVIDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Cityof Georgetown, 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 draught; and WHEREAS, section 11.172 of the Texas dater Code and. Chapter 288 of the Texas Administrative Cade require all Texas public water supply systems providing service to 3,300 or more connections to prepare a drought contingency Plan; and WHEREAS, the City Council has deterni mied that the existing flan in Chapter 13.16 of the City of Georgetown Code of Ordinances needs to be updated and revised, and WHEREAS the caption of this ordinance was printed in the Williamson County Sun on March 22nd1 2006, in compliance with the City Charter of the City of Georgetown;; and :NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT. SECTION 1. The facts and recitations contained mi the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City ;Council hereby finds that this ordinance implements ' the following elements of the Century Ilan Policy Plan and that the enactment of this ordinance is not inconsistent or m' convict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the Policy flan: SECTION 2. The existing Chapter 13.16 of the Code of Ordinances of the City of Georgetown is hereby repealed in its entirety. SECTION 3. That there' is hereby adopted a new Chapter 13.16 "Drought Contingency Plan of the City of Georgetown," of the City Code of the City of Georgetown, Texas, which new Chapter 13.16 is attached hereto as Exhibit "A, " and which exhibit is incorporated herein by reference as if set forth in full. SECTION 4. That all ordinances that are in conflict with the provisions of this Ordinance No. 900 6 4w ;M Page I of ordinance be, and the same are hereby, repealed' and all other ordn< conflict with the provisions of this ordinance shall rema�.n in full :.farce a SECTION 5. If any provision of this ordinance or application t circumstance shall be held. invalid ,such invalidity shall not affect t application thereof, of this ordinance which can be given effect without application, and to this end the previsions of this ordinance are hereby dE SECTION 6. The Mayor is hereby authorized to sign this ordinani to attest, This ordinance shall become effective and be in full force and p bli.cat on in accordance with the provisions of the Charter of the City PASSED AN U APPROVED on First Reading ( PASSED AND APPROVED on Second. Readir ATTEST. F fl By and.ra D. Lee, City Secretary Patricia E. Marls, Brown & Carls, LLP City Attorney Ordinance No. Page 2 of aces of the City not in id effect. iereof to any person or ie other provisions, or :he invalid provision or Jared to be severable. e and the City Secretary ffect ten (10) days after )f Georgetown. rtl, i 2006 ,f 4,rd 200& ETOWN Chapter 13.16 DROUGHT CONTINGENCY PLAN FORTHE CITY OF GEORGETOWN 13.16.010 Purpose The purpose' of the Drought Contingency Plan („flan")is to conserve and protect the available water supply for domestic water use, sanitation, and fire protection, and to minimize the impact of water shortages during emergency conditions. 13.16. 020 Public Education The City will provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is initiated, the drought response measures to be implemented., and the conditions necessary for termination. The information will be provided through press release and utility hill inserts and/or the City's website. 13.16.030 Coordination The service area of the City of Georgetown is located within the Brazos Region (G) and the City of Georgetown has provided a copy of this flan to the Brazos River Authority. The City Manager, or his/her designee, is hereby authorized and directed to implement the applicable provisions of the Plan upon his/her determination that such implementation is necessary to protect the public health, safety, and. welfare. 13.16.050 Application The provisions of this Plan shall apply to all persons, customers, and property' utilizing water provided by the City, except those wholesale water utility customers where a similar Plan exists for their retail customers. 13.16.060 Definitions A. ACM — Assistant City Manager for Utility Operations for the City of Georgetown, or the person otherwise authorized by the City Manager to have the duties and responsibilities under this Chapter. B. Conservation - those practices and techniques that reduce the consumption of water through increased efficiency, reduced lasses, or reuse which results in conservation of the water supply for future use. C. Customer any person, company, organization or entity that uses water supplied by the City, except customers that obtain water under a Ordinance No. Page 3 of 9 E X hib 1# A wholesale agreement and that have a Drought Contingency Ilan for their customers. Do :Notice — notification by press release or utility bill insert for the implementation of specific phases of this flan by the City'Manager through the news media (local newspaper and radio station) and the City's official bulletin board and web site. E. Industrial water use — water used in a manufacturing process. F. Landscapeirrigation use - potable water used for the irrigation and maintenance of landscaped areas, including residential and commercial lawns, gardens, golf courses, parks, rights -of -way, and medians. G. New Landscape — vegetation installed at the time of new building construction, governmental capital improvement project, or which alters more than half the area of an existing landscape. H. Non -essential water use -- water uses that are not required for the protection of the public health, safety, and welfare, including, but not limited to. 1) Use of water to wash any motor vehicle, motorbike, beat, trailer, or airplane, or ether vehicle. 2) Use of water to wash sidewalks, walkways„ driveways, parking lots, or other hard -surfaced areas. 3) Flushing of gutters or permitting potable water to run or accumulate in any gutter, street, or drainage culvert. 4) Use of water to add to an indoor of outdoor swimming pool or hot tub. 5) Use of water in a fountain or pond except where necessary to support aquatic life. 6) Use of water :from fire hydrants for other than fire fighting and permitted use %n conjunction with a hydrant meter. I. water Waste -- water use that serves no purpose inclu ding. 1) Failure to repair a leak within a reasonable period after having been given notice to repair such leak, 2) Operating an irrigation system that results in water runoff or accumulation in a street or parking lot. 13.16. 070 Phase l- Voluntary water Conservation A. Conditions for Implementation Ordinance No. Fags 4 of 9 EXhJ*b1* A The City implements residential water conservation rates for its water service. B. Demand Reduction Targe4. t Water demand target for Phase I is the resultant benchmark usage established by implementation of residential conservation rates where increased usage results in progressively higher incremental water cost, C. Customer and City Actions 1) Increase efforts to inform the public on water conservation strategies. 2) Increase detection and repair of water leaks in the distribution system. ) Recommend landscape irrigation'use that limits the use of automatic irrigation systems or hose -end sprinklers during the evening (7 PM to midnight) and morning hours (midnight to 10A`uI) once every five days based upon the customer's address. 4) Restrict the use of Fire hydrant water to .fire protection, hydrant testing, hydrant maintenance, and permitted use in conjunction with a hydrant :meter. 13.16*080 Phase II - Mandatory Water Management A. Conditions for Implementation The water level in the City's :o.1 observation well drops to, or stabilizes below 643 feet (100 feet below the surface) for a period of more than five (5) consecutive clays. AND/OR Lake Georgetown level drops to 779.5 feet (above mean sea level), and no rainfall or other inflow predicted, and the Williamson County Raw Water Line is unavailable for the next thirty (30) days. AND/OR R An event occurs where water demand exceeds the supply and moderate conservation measures will maintain the ability to provide the proper level of service as determined by the Assistant City :manager for'Utility Operations "AC ", or his/her designee. B. Demand Reduction Target Water demand target for Phase II is 75%4' of normal demand (25% reduction). C. Customer and Cif Actions 1) Continue implementation of Phase 1. actions 1) and 2). Ordinance No. Page 5 of 9 gxhibi*+ A 2) Suspend the use of potable water for the following City :municipal operations. Vehicle washing • Street cleaning Park irrigation 3) Prohibit all non -essential water use except: • the washing of vehicles and boats is restricted to the time and days specified for landscape irrigation using a positive shut-off nozzle. + the washing of vehicles or boats at a commercial car wash or service station is not restricted. • the addition of water to swimming pools, hot tubs, or similar items is restricted to the time and days specified for landscape irrigation use. 4) Prohibit all water waste. 5) Restrict landscape irrigation use to the use of automatic irrigation systems or hose -end sprinklers during the evening (7PM to midnight) and morning hours (midnight to 10AivT) once every five (5) days based upon the customer's address. 6) Landscape irrigation use is permitted at anytime if it is used.. • by means of a hand-held hose or drip irrigation. • at a commercial Plant nursery. + during the testing of new irrigation system installation or existing irrigation system repair. 13.1i6*090 Phase III - Mandatory Water Restrictions A. Conditions for 1=le entati.on The water level in the City's No. 1 observation well drops to, or stabilizes below 633 feet 110 feet below the surface) for a period of more than five () consecutive' days. AND/OR Lake Georgetown level drops to 766.5 feet (above mean sea level), and no rainfall or other inflow predicted, and the Williamson County Raw Water Line is unavailable for the next thirty (30) days. AND/OR An event occurs where water demand exceeds the supply and aggressive conservation measures Till mnaintain the ability to provide the proper level of service as determined by the ACM, or his/her designee. Ordinance No. Page 6 of 9 EXhibiw B, Demand Reduction Target` Water demand target for Phase III is 50% of normal demand. (50% reduction). C. Customer and City .Actions 1) Continue the implementation of Phase I, actions 1) and 2). 2) Prohibit all non -essential water use. 3) Prohibit all water waste. 4) Landscape irrigation use is restricted to the use of a single hand-held: hose or drip irrigation. 5) Prohibit the use of raw water for landscape irrigation. 13*16*100 Prase IV - Water Emergency A* Conditions for Implementation; An event occurs where water demand exceeds the supply and severe conservation measures are required to maintain the ability to provide the proper level of service as determined by the ACM, or his/her designee. B. Demand Reduction Target Water demand target for Phase IV is 5% of normal demand (75% reduction). CO Customer and City Actions 1) Continue the mple entat on of Phase 1. actions 1) and 2). 2) Prohibit all non -essential water use. 3) Prohibit irrigation water use, including the use of raw water for Landscape irrigation. 4) Prohibit all water waste, 5) Prohibit industrial water use. Ordillance No. Page 7 of 6) The City shall arrange for the emergency purchase of water from utilities for which there exists proper agreements for such purchase. 13.16.110 Enforcement A. No person shall knowingly or intentionally allow the use of water from the City for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this flan. B. Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall, be punished by a fine of up to $2,000 dollars for each day the violation continues, with each; day constituting a separate and distinct offense. If a person is convicted of three or more violations of this Plan, the City Manager, or his/her designee 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 re -connection charge. In addition, suitable assurance must be given to the City Manager, or his/her designee, that the same action shall not be repeated while the Plan is in. effect. C. Any City CodeEnforcement Officer, police officer, or other City of Georgetown employee designated by the City Manager, may issue a citation to a person that is reasonably believed to be in violation of this Plan. The citation shall be prepared in duplicate and shall contain the name' and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation (3 to 5 days from the issue date). The alleged violator shall be served a copy of the citation, with service complete upon delivery of the citation to the alleged violator, and agent or employee, or to a person. over 14 years of age who is a family member or resident of the violator's residence. 1.3.16.1.2 Variances A.' A customer may file an application for a variance from this, Plan for the property receiving water service with the ACM. The ACM may deterinim the proper information and require that the applicant provide such information to evaluate the variance request. B. The ACM may grant a variance from. the Plan upon his/her determination that special circumstances exist that upon strict enforcement of the flan will adversely affect the health, sanitation, or fire protection for the public or the applicant. Ordinance No. A00(v SW Page 8 of 9 Exhlbilf A . ' Variances granted under this section will expire upon escalation of the Plan to the next higher phase or termination of the Plan. 1116MO Termination The City Manager, or his/her designee, is hereby authorized and directed' to terminate the applicable previsions of the Plan upon his/her determination that the applicable provisions are no longer necessary to protect the public health, safety, and :welfare. Ordinance No. Page 9 of