Loading...
HomeMy WebLinkAboutORD 2011-42 - Drought Contingency PlanORDINANCE NO. ©I 0 I 1-9a AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, REPEALING THE EXISTING CHAPTER 13.16 OF THE CITY 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 City of 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 drought; and WHEREAS, section 11.1272 of the Texas Water Code and Chapter 288 of the Texas Administrative Code 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 determined that the existing Plan 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 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 in 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 complies with the Vision Statement 4.0(G) of the City of Georgetown 2030 Comprehensive Plan relating to the conservation of water resources. SECTION 2. The existing Chapter 13.16 of the Code of Ordinances of the City of Georgetown is hereby repealed in its entirety. Ordinance No. (7)0 (i° Li a Page 1 of 10 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 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 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect ten (10) days after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on thec) 1 day of Sc-'vi bev 2011 PASSED AND APPROVED on Second Reading on the 1 day of 011. ATTEST: a Brettle, City Secretary APPROVED AS TO Fe k City Attorney Ordinance No. JO H- Lia Page 2 of 10 By: THE CITY OF GEORGETOWN George rver, Mayor Chapter 13.16 DROUGHT CONTINGENCY PLAN FOR THE CITY OF GEORGETOWN 13.16. 010 Purpose The purpose of the Drought Contingency Plan ( "Plan ") 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, direct mailings, utility bill inserts, and 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 Plan to the Brazos River Authority. 13.16. 040 Authorization 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 the City of Georgetown, or the person otherwise authorized by the City Manager to have the duties and responsibilities under this Chapter. Ordinance No. a ©l I— y o� Page 3 of 10 B. Conservation - those practices and techniques that reduce the consumption of water through increased efficiency, reduced losses, 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 wholesale agreement and that have a Drought Contingency Plan for their customers. D. Notice - notification by press release or utility bill insert for the implementation of specific phases of this Plan 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. Landscape Irrigation Use - potable water and all untreated water diverted from wells connected to the City's water treatment plants intended for potable water use, excluding reclaimed water from wastewater treatment plant effluent, 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, boat, trailer, or airplane, or other 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 or 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 in conjunction with a hydrant meter. I. Water Waste - water use that serves no purpose including: Ordinance No. c;01 (° J Page 4 of 10 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 1- Water Management A. Conditions for Implementation Effective for June through October billings annually and additional billing periods if authorized by the Assistant City Manager based upon drought conditions and water demand. B. Demand Target Maintain peak demand within production capacity with peak demand of less than or equal to 2.0 times the annual average daily usage. C. Customer and City Actions 1) Mandatory City Actions (a) Increase efforts to inform the public on water conservation strategies. (b) Increase detection and repair of water leaks in the distribution system. (c ) No fire hydrant water use, except for fire protection, hydrant testing, hydrant maintenance, and uses in conjunction with a hydrant meter. (2) Mandatory Customer Actions (a) 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 10AM) in accordance with an irrigation schedule that provides for no landscape irrigation on Monday with landscape irrigation permitted no more than three days per week with the day of week and irrigation start time specified based upon customer address.. (b) Landscape Irrigate Use is allowed anytime if it meets one or more of following criteria: watering occurs by means of a hand -held hose or drip irrigation; or watering occurs within the first fourteen (14) days after installation of new landscaping, with qualifying variance; or Ordinance No. an 1 1- Hc3 Page 5 of 10 (iii) watering occurs at a commercial plant nursery; or (iv) watering occurs during testing of new irrigation system installation or existing irrigation system repair 13.16.080 Phase II -Water Conservation A. Conditions for Implementation The water level in the City's No. 1 well drops to, or stabilizes below 50 feet above the pump suction for a period of more than five (5) consecutive days. AND /OR Lake Georgetown level drops to 765 feet (above mean sea level), and no rainfall or other inflow predicted, and the Williamson County Raw Water Line is unavailable or is not capable of restoring Lake Georgetown Level to greater than 765 feet within the next thirty (30) days. AND /OR 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 "ACM ", or designee. B. Demand Reduction Target Peak demand of 1.6 times the annual average daily usage (20% reduction). C. Customer and City Actions 1) Continue implementation of Phase I, action 1) 2) Suspend the use of potable water for the following City municipal operations: Vehicle washing • Street cleaning • Park irrigation (non - athletic facilities only) 3) Prohibit all Non - Essential Water Use except: the washing of vehicles and boats is restricted to the days specified for landscape irrigation using a positive shut -off nozzle. Ordinance No. a01 of Page 6 of 10 • 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 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 10AM) in accordance with an irrigation schedule that provides for no landscape irrigation on Monday with landscape irrigation permitted no more than two days per week with the day of week and irrigation start time specified based upon customer address.. 6) Landscape Irrigation Use is permitted at anytime if it is used: • by means of a hand -held hose or drip irrigation. within the first fourteen (14) days after New Landscape installation, with a qualifying variance. at a commercial Plant nursery. • during the testing of new irrigation system installation or existing irrigation system repair. 13.16.090 Phase III - Water Restrictions A. Conditions for Implementation The water level in the City's No. 1 well drops to, or stabilizes below 40 feet above the pump suction for a period of more than five (5) consecutive days. AND /OR Lake Georgetown level drops to 760 feet (above mean sea level), and no rainfall or other inflow predicted, and the Williamson County Raw Water Line is unavailable or is not capable of restoring Lake Georgetown Level to greater than 760 feet within the next thirty (30) days. AND /OR An event occurs where water demand exceeds the supply and aggressive conservation measures will maintain the ability to provide the proper level of service as determined by the ACM, or his /her designee. Ordinance No. 0011 -y a Page 7 of 10 B. Demand Reduction Target Peak demand of 1.3 times the annual average daily usage (35% reduction C. Customer and City Actions 1) Continue implementation of Phase I, action 1) 2) Prohibit all Non - Essential Water Use. 3) Prohibit all Water Waste. 4) Restrict ALL Landscape Irrigation Use to the evening (7PM to midnight) and morning hours (midnight to 10AM) in accordance with an irrigation schedule that provides for no landscape irrigation on Monday with landscape irrigation permitted no more than one day per week with the day of week and irrigation start time specified based upon customer address 13.16.100 Phase 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 designee. B. Demand Reduction Targe Peak demand equal to the annual average daily usage (50% reduction). C. Customer and City Actions 1) Continue the implementation of Phase I. action 1) 2) Prohibit all Non- Essential Water Use. 3) Prohibit Irrigation Water Use. 4) Prohibit all Water Waste. 5) Prohibit or limit as deemed necessary all Industrial Water Use. 6) The City shall arrange for the emergency purchase of water from utilities for which there Ordinance No. ic)0 l Page 8 of 10 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 Plan. B. Any person who violates this Plan shall first be provided a warning in writing. The warning shall state the specific offense and provide a City contact for assistance with efforts to remediate the violation. C. Any person who violates this Plan for the second and subsequent times in a calendar year 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. D. If a person is convicted of three or more violations of this Plan in a calendar year, the City Manager, or 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. E. Any City Code Enforcement Officer or Police Officer, may issue a warning or citation to a person that is reasonably believed to be in violation of this Plan. The warning or citation shall contain the name and address of the alleged violator, if known, the offense charged, and if a citation, shall direct him /her to appear in the municipal court on the date shown on the citation. The alleged violator shall be served a copy of the warning or citation, with service complete upon delivery of the citation by hand or by certified mail 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. F. Any Citizen or City employee may initiate a complaint through the Municipal Court concerning violations of this Plan. The complaint shall contain the name and address of the alleged violator, if known, the complaint, and shall submit the complaint to Georgetown Utility Systems Administration. If the complaint is the first violation in the calendar year, then a warning shall be issued and such warning shall state the specific offense and provide a City contact for assistance with efforts to remediate the violation. It the complaint is the second or subsequent violation in the calendar year, the complaint shall be forwarded to Municipal Court for resolution. Ordinance No. 001 (— Li a Page 9 of 10 13.16.120 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 determine the proper information and require that the applicant provide such information to evaluate the variance request. B. A customer may file an application for a variance from this Plan due to vacation absence and the variance shall remain in effect for the period of the vacation absence if the customer complies with the requirements of Section 13.16.080 Phase II Water Conservation and a telephone contact number has been provided. C. The ACM may issue written orders varying one or more actions required under a Phase of the Plan if necessary to target particular customers, water systems, or areas. D. The ACM may grant a variance from the Plan upon his/her determination that special circumstances exist that upon strict enforcement of the Plan will adversely affect the health, sanitation, or fire protection for the public or the applicant. E. Variances granted under this section will expire upon escalation of the Plan to the next higher phase unless granted under paragraph 13.16.120 B. or termination of the Plan. 13.16.130 Termination The City Manager, or his /her designee, is hereby authorized and directed to terminate the applicable provisions 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 10 of 10