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HomeMy WebLinkAboutORD 2009-63 - Drought Contingency PlanORDINANCENO. d0ol-( 3 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 111272 of the Texas Water Code and Chapter 286 of Ire Texas Administrative Code require all Texas public water supply systems providing service to 3,300 or mote connections toprepare adraughtcontngencyplan; and WHEREAS, $eCity Councilhas determined that the existing Plan in Chapter 13.16 ofthe City of Georgetown Code of Ordinances needs to be updated and revised; and WHEREAS, the caption of this ordinance was printed to the Williamson Connly Sun on May 13,2009, in compliance with the ChyCharter ofthe CiryofGeorgetowm;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 has ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as B copied verbatim. The City Council hereby finds that this ordinance complies with the Vision Statement 40(G) of the City of Georgetown 20M Comprehensive Plan relating to the conservation of water resources. SECTION 2. The existing Chapter 1316 of tlhe Code of Ordinances of the City of Georgetown is hereby repealedinits emtroty. SECTION 1 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 1316 is attached hereto as Exhifif "A," and which exhibit is incorporated herein by reference as if setforfh in fall Ordinance No.0 y3_ Page 1 of 10 SECTION 9. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and a0 other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect, SECFION 5. ff any provision ofthis ordinance or application thereof to any person or circumstance, shall be held invalid, sudr invalidity shall not affect the other provisions, or appEcation thereof, of tltis ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinanee are hereby declared to be severable, SECTION6. TheMayorishereby authorized tosign thisordinance Edthe 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 GeorgenvT� PASSED AND APPROVED on FirstReadingon fhe-;�dayof &uQmW 2009 PASSED AND APPROVED on Second Reading on the 4 dayofDrc�»U�2W9. ATTEST: J Ica Ham , City Secretary APPROVEDASTOFORhh Aw15f�P City Attomey Ordinance No, 300 Page 2 of 10 THE CITY OF GEORGETOWN ByJ—ZLG7ege Ganger, Mayor Chapter 1316 DROUGHT CONTINGENCY PLAN FOR THE CITY OF GEORGETOWN 19,16.010 Purpose The purpose of the Drought Contingency Plan ('Plan")is to conserve and protect the available water supply for domestic water use, sanitation, and lire protection, and to m mmize the impact of water shortages d ming emergency conditions 13.16,020 Publirlducation 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 welisite. 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, 090 Authorization The City Nbaraget, or hisilber designee, is hereby authorized and directed to implement the applicable provisions of the Plan uponlus@er determination that such implementation is necessary to Protect the public health, safely, and welfare. 13.16.050 Application The provisions of this Plan shah apply to ad persons, customers, and property utilizing water provided by $a City, except those wholesale water ufibty 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 losses, or reuse which results in conservation of the water supply for future use. Ordinance No. 00 3 Page 3 of 10 Customer - anyperson, company, organization or entity that uses water suppled by the City,except customers that obtain water under a wholesale agreement and that have a Drought Contingency Plan for their customers. D. Notice-notificatonby 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. I IndusftialWaterUse- waterusedinamanufacturingprocess, Landscape Irrigation Use- potable water and all untreated water diverted from wells connected to the C4'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, andmedians G. New Landscape- vegetation installed at the time ofnow building construction, governmental capital improementproject, or which alters more than half the area of an existing landscape. H. Non -Essential Water Use- water uses that are not requiredfor 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 sidew&, 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 ofwater toadd toanindoor oroutdoor swimming pool orhot- 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 figh bng and permitted use m conjunction with a hydrant meter, I. WaterWaste- waterusethatservesnopurposeincluding: 1) I'Aretorepair aleak withinareasonable 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 Phasel- WaterManagement Ordinance No, d0 09 -A Page 4 of 10 Conditions for Implementation May I through September 30 of each year, Dcan and Target Maintain peak demand within production capacity with peak demand of less than or equal to 2.0 times the annual average daily usage.. Customer and Citi 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 (1PM to midn ght and morning hours (mldnightto IOAM) in accordance with an irrigation schedule thatprovides 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 customeraddress, (b) Landscape Irrigate llseisallowed anytimelfitmeetsoneormore of following criteria: (i) watering occurs by means of a hand-held hose or drip irrigation; (u) waterngoccurs within the first fourteen (14)days after installation of new landscaping; or (iii) watering occurs at a commercial plant nursery; or (iv) watetingoccurs during testing ofnew imigationsystem installation or existing irrigation system repair 13.16,080 PhaseIt -Water Conservation Ordinance No, 00q Page 5 of 10 A. Conditions forlmolementation The water level in the City's No. I well drops to, or stabilizes below 50 feet above the Pump suction for a period of more than five (5) consecutive days. ANDIOR Lake Georgetown level drops to 765 feet (above mean sea level), and no rainfall or other inflow predicted, and meHiamson County Raw Water Line is unavailable or is not capable of restoring Lake Georgetown Level to greater than 765 feet within the next tarty (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 serxice as determined by the Assistant City Manager for Utility Operations "ACM or designee. B. Demand Red ucdonTarget Peak demand of 1.6 tunes $a annual average daily usage (20% reduction), C. Customer andCity Actions 1) Continue implementation of Phase I. actions 1) and 2) 2) Suspend the use of potable water for the HowagCity municipal operatlons: Vehicle washing Stmetcleaning Park irrigation 3) Prohibit all Non-Esserfal Water Cse except: the washing of vehicles and boats is restricted to the 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 days specified for Landscape Irrigation Use 4) Prohibit all Mater Waste. 5) Restrict Landscape Irrigation Use to the use of automaticmrigation systems or hose -end sprinklers during the evening (7PM to midnight) and morning hours (midnight to LOAM) in accordance with an irrigation schedule that provides for no landscape irrigation on Monday with landscape irogaHonpermited no more Ordinance Na. 000 - Page 6 of 10 than two days per week with the dap of week and irrigation start time specified based upon customer address, . Landscape Irrigation Use is permitted at anytime if itis used: by means of a hand-held hose or drip irrigation. within the first fourteen (14) days after New Landscape installation, at a commercial Plant nursery. during $ a testing of new irrigation system installation or existing irrigation system repair 13.16.090 Phase III- Water Restrictions A. Conditions forlmplementation The water level N 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 Mow predicted, and the Williamson CountyRaw Water Line isunavadable or isnot capable of restoring Lake Georgetown Level to greater than 760 feet within the next Ihirty (30) days. AND/OR An event occurs where water demand exceeds the supply and aggressive conservation measures will maintain $a abdity to provide the proper level of service as determined by the ACM, orhis(her designee. Demand Reduction Target Peak demand of 1.3 times the annual average daily usage (3Pfo reduction) Customer and GlyActions Continue the implementation of Phase I. actions 1) and 2). Prohibit all Non -Essential Water Use. Prohibit all Water Waste. 4) Restrict ALL Landscape Irrigaton Use to the evening (7PM to midnight) and morning hours (midnight to 10AM) in accordance with an irrigation schedule that protides for no landscape irrigation on Monday with landscape irrigation permitted no more than one dayper week with the day of week and irrigation start time specified based upon customer address Ordinance No. 00 4 Page 7 of 10 13.16.100 Phase IV - Water Emergency A. Conditions forlmplementation 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 Target Peak demand equal to the annual average daily usage (30%mductloni. C. Customer and Cir Actions 1) Continue the implementation of Phase E actions 1) and 2�, 2) Prohibit all Non -Essential Water Use. 3) Prohibit Irrigation Water Use. 4) Prohibit all Water Waste i) 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 exists proper agreements for such purchase 1316.110 Enforcement A. No person shall knowingly or Intentionally flow the use of water from the City for residential, commercial, industrial, agricuhural, governmental, or anyother purpose in a manner contrary to any provision of this Plan. B. Any person who violates flus 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 calend ar year is guilty of a misdemeanor and, upon conviction shall be Ordinance No. dO01,03 Page 8 of 10 punished by a be of up to S2,000 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 shad berestored only upon payment ofare-cmmection charge. In addition, suitable assurance must be given to the City Manager, orhisJherdesignee, that $ a same action shall not be repeated while the Plan is in effect. Any City Code Enforcement Officer or Police Officer,mayissue a warning or citation to aperson that is reasonably believed to be in violation of this Plan The warning or citation shall contain the name and address of $a alleged violator, 4 known, the offense charged, and 9 a citation, shall directhim@er 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, A service complete upon delivery of the citation by hand orby certified mail to the alleged violator, and agentor employee, or to a person over 14 years of age who is a family member or resident of $a violator's residence Any Citizen or City employee mayinihate a complaint through the Municipal Court concerning violations of 65 Plan. The complaint shall contain the name and address of the alleged violator, 9 known, the complaint, and shall submit the complaint to GeorgetownDfOiti, Systems Adminislrabou If the complaint is the fust 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 violafion. It the complaint is the second or subsequent violation in the calendar year, the complaint shall be forwarded to Municipal Court for resolution. 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 Acustomer may foe 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 PhaseIl Water Conservation and a telephone contact number has been provided. Ordinance No, dOOq �3 Page 9 of 10 C the ACM mavissue written orders varying one ormore actions required under a Phase of the Plan if necessary to target particular customers, water systema, or areas. D. The ACM may grant a variance from $ a Plan upon hislherdetermination 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. P. Variances granted under this section w111 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 Wer designee, is hereby authorized and directed to terminate the applicable provisions of the Plan upon his $er determination that the applicable provisions are no longer necessary to protect the public health, safety, and welfare Ordinance No. a c f4 Page 10 of 10