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ordinance be, and the same are hereby, repealed and a0 other ordinances of the City not in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