Loading...
HomeMy WebLinkAboutOrd 1814 - drought contingency planing Ordinance No~ 1814 AN ORDINANCE RELATING TO DROUGHT CONTINCENCY PLANNING, WATER CONSERVATION AND ENFORCEMENT; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The Code of Ordinances of the City of West University Place, Texas is hereby amended by: (i) revising Section 23.015 and (ii) add ing a new Section 23.0 16 ~ as follows: Sec. 23.015.. Suspension.. resumption of senrice. (a) Suspension. "Utility service Inay be discontinued for delinquency, as provided above. Utility service may be suspended for a violation ofth.is Chapter (or another applicable regulation that relates to utility service), in accordance with the fo Hawing procedures: (1) The City may give notice that utility service is proposed to be suspended. Such notice will be given to the ratepayer, as listed in the City's records, and to the occupant of the prenlises, if different. (2) The notice will give an opportunity for a hearing with the City :Manager (or the City Manager's designee) before suspension. (3) If the violation is not cured or otherwise resolved after the opportunity for a hearing, the City may suspend service without further notice. (b) Resun1ption. After suspension or discontinuation (either for violation or for delinquency), utility service will not be until the following conditions are lnet: (]) The violation (if any) is cured, and all delinquent alnounts are paid; (2) Any service charges established by the City Council are paid; (3) A deposit in the alTIOunt established by the City Council is paid~ The Finance "Director, with the approval of the City Manager, Inay waive this requirement. Deposits will be returned, or credited to the account of the ratepayer, after the account has not been delinquent for twelve cOlnplete lTIonths froIn the day the deposit is 111ade. Sec. 23.016" Drought Contingency Plan (a) Adoption. The ":Drought Contingency Plan for the City of West University Place, Texas, 2005" is adopted, ordained and incorporated into this chapter by reference, as set out in Appendix A of City Ordinance No. 1814, passed finaHy and approved November 14, 2005~ Such drought contingency plan slIcceeds and replaces previous drought contingency plans adopted by the City. (b) AdlninistrationJ enforcell1ent} variances. Adlninistration and enforcement of such drought contingency plan are the responsibility of the Director. Exception: Variances are handled by the Buildings & Standards COll1111ission, subject to the saIne standards and procedures as building-related variances under Chapter 6. (b) Conduct unlalvful. It shall be unlawful for any person: (i) to violate any applicable pray is ion of such drought contingency p Ian; or (ii) to cause or allow a via Jation of an app I icab Ie provision of sllch drought contingency plan, at any prelnises the person owns or controls (or in ad j ace n t street area). Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3" If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 411 The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared, and this Ordinance is accordingly passed as an emergency measure and shall take effect on the tenth day following publication, as provided in the City Charter. CO~ASSED, APPROVED and ADOPTED on first and final reading on //&<?J Councilmembers Voting Aye: Councilmembers Voting No: CounciJmembers Absent: Signed: Recommended: Approved as to legal form: , City Attorney Appendix A DROUGHT CONTINGENCY PLAN FOR THE City of West University Place, Texas 2005 Section 1 Declaration of Policy, Purpose, and Intent In cases of extreme drougllt, periods of abnormally high usage, system. contamination, or extended. red.llctiol1 in ability to supply water d.ue to equipment failure, temporary restrictions will be instituted to limit non-essential water usage. The purpose of the Drought Contingency Plan is to encourage, and und.er emergency conditions require, customer conservation in order to maintain supply, storage, or pressure. Section 2 Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by: Posting of Notice of Council Meeting to approve ordinance adopting Drought Contingency Plan. The meeting took place at: .Date: NoveJnber 14,2005 TiIne: 6:30 PM Place: 3800 University Blvd, West University Place Texas, Municipal Building) Council Chambers Section 3 Public Educations TIle City of West University Place will periodically provide the public with information about tIle Plan, including informatio.n 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. eacll stage. Drought plan information will be provided by press release and utility bill notice advising of availability of plan on internet web site or frOlTI Utility Billing Office. Additional information will be provided at various sponsored events throllghout tIle City. Section 4 Coordination witl) Regional Water Planning Groups The service area of tIle City of West University Place is located within Regional Water Planning Group H and a copy of this plan has been mailed to this pIaruling grOllp. Section 5 Notice Requirements Notice will be provided to each customer prior to implementation or termination of each stage of the water restriction program~ Notice will be provided through posting on City web site, news release to radio, television and newspaper~ The notice will include* 1. The date restrictions will begin, 2~ The circumstances that triggered the restrictions, 3. The stages of response and explanation of the restrictions to be implemented, and, 4. An explanation of the consequences for violations. The utility will notify the TCEQ by telephone at (512) 239- 6020, or electronic mail at waterulon@TCEQ.state.tx.lls upon implementation the program and ,viiI notify in writine the Public Drinkint! Water Section at Me - 155~ P.o. Box 13087. Austin~ Texas 78711-3087 within five (5) workine days of implementation including a copy of the utility's restriction notice. The utility must file a status report of its restriction program with the TCEQ every 30 days that restriction continues. Section 6 Violations 1 ~ First violation - The customer will be notified by written notice of their specific violation. 2. Sllbsequent violations: 1. A municipal COlm citation will be issued for violation of the City Code of OrdinatlCes and will result in a fine of IIp to $500~OO per day tIle violation continlles. Continued violations may result in terminatiol1 of water service~ 2. Section 7 Variances; Exemptions (a) The Building & Standards Commission may grant variances frO.ill requirements of tllis Plan in accordance with the same stan.dards and procedures applicable to building-related. variances; see Chapter 6 of the Code of Ordinances. . (b) Any person may also seel( an exemption from tllis Plan .by applying in writing to tIle City COllncil and d.emonstrating good calIse for the exelnptio.n~ An exemption is a legislatively- adopted change in tllis Plan, possibly in tile froln of a special category or reglllation. The City Co.uncil will treat all similarly-situated customers equally concerning exemptionsand shall not discriminate unlawfully in granting exemptions. No exemption shall .be retroactive or otherwise justify any violatiol1 of this Plan occurring prior to the issuance of the exeluption. Drought Contingency Plan for the City of West University Place, 'fexas, 2005 2 Section 8 System ,Supply Strategy TIle City of West University Place water system is supplied with a combination of well water and surface wate.r~ The well water is supplied by water wells owned and operated by the system and can safely supply our annu.al daily average~ The Surface water supply is tltrou.gh a purchase agreement with the City of Houston, Texas and this supply can safely supply our daily annual average. With limitations on either of these supplies during peak pumping seasons it may be necessary to implement water usage restrictions~ The City of West University Place has two pump stations either of which can pump well water, surface water or a combination of both. Either pump Station can safely supply the daily average flow but may require usage restrictions in the event of equipment outages during peak water pumping seasons. Section 9 Response Stages The City will communicate Stage I concepts eac.h year~ If, supply or demand triggers are met the city will initiate the appropriate elevated Stage of restrictions. STAGE I-ANNUAL DROUGHT AND CONSERVATION AWARENESS CAMPAIGN: Utility Measures: A public announcement will be issued annually during the months of March or April to increase customer awareness of water conservation and encourage the most efficient use of water~ This announcement will include information o.n obtaining an electronic or paper copy of this Plan~ A copy of tIle currellt public announcement on water conservation awareness shall be kept on file available for inspection by the TCEQ~ Volllntary Water Conservation: Water customers are encouraged to practice water conservation~ STAGE II - VOLUNTARY WATER USE RESTRICTIONS: Stage II is designed to encourage customers to conserve water during periods wIlen water supplies are unu~llally limited. Stage 2 will begin: Su.pplv-Based Triggers 1 ~ City of Houston initiates voluntary water restrictions. Denland- or Capacity-Based Triggers Drought Contingency Plan for the City of West Universily Place, Texas~ 2005 ..,. J :i...~ ~ 1.. When, for three consecutive days, the total quantity of water distributed .by the city's water system, from all sources, reaches or exceeds either: (i) 5,900,000 gallons per day, or (ii) 65% of the Inaxilnum distribution pumping capacity of the system. Upon initiation and termination of Stage 2, notify all customers by placing notice on city's web site and by press release to radio, television and nelvspapers. Requirements for termination Stage 2 of the Plan may end when all of the conditions listed as triggering events have ceased to exist for a period. of five (5) consecutive days. Exception; When the triggering event is a City of Houston restriction, Stage 2 ends when the restriction ends. Utility Measures: Visually inspect lines and repair leaks on a daily basis~ Voluntary Water Use Restrictions: 1. Voluntary Restricted Hours: Outside watering is allowed daily, and encouraged. to water only during the hours between 10:00 PM and 5:00 AM~ ST AGE III - MODERATE WATER USE RESTRICTIONS: Stage III is designed to take affilmative steps to control the use of water in response to a period of significant water shortage~ Stage 3 will begin: Supply-Based Triggers 1. Equipment outage reduces well capacity by 50% or purchased water intake is limited to less than 75% of the average daily draw rate over the preceding 12 months. Demand- or Capacity-Based Triggers 1. When, for tlrree consecutive days, the total quantity of water distributed by the City's w~ter system, from all sources, reaches or exceeds either: (i) 6,400,000 gallons per day, or (ii) 700/0 of the maximum distribution .pumping capacity of the system. Upon initiation and termination of Stage 3, notify all customers by placing notice on city's web site and by press release to radio, television and newspapers. Requirements for termination Stage 3 of the Plan may end whel1 all of the conditions listed as triggerin.g events have ceased to exist for a period of five (5) consecutive days. Exception: When the triggering Drought Contingency Plan for the City of West .University Place~ Tcxas~ 2005 4 event is a City of Houston restriction, Stage 3 ends wh.en the restriction ends. Upon termination of Stage 3, Stage 2 may becolne operative~ Utility Measures: Visually inspect lines and repair leaks on a daily basis~ Water line flushing is prohibited except for dead end mains or identified quality control issues Mand.atory Water Use Restrictions: The following water use restrictions shall apply to all customers. 1. Outside watering is allowed daily, but only during the hours between 10:00 PM and 5:00 AM. Watering of plants and landscaping shall be allowed. witll a water hose between the ho.urs of 7:00 PM and Midnight al1d the hours of Midnight and 10:00 AM. 2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except between the hours of 7:00 PM and 10:00 a..m. Such washing, wIlen allowed, shall be done with a hand-held bu.cket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Further, such washing may be exempted from these regulations if the health, safety, and. welfare of the public is contingent upon frequent vehicle cleansing, suell as gar.bage trucks and vehicles used to transport food and perishables. 3. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or "Jacuzzi" type pools is prollibited except between the hours of 12:00 Inidnight and 10:00 a.m. 4~ Operation of any ornamental fountain or ,pond for aesthetic or scenic purposes is prohibited except where necessary to sup.port aquatic life or where such fountains or ponds are equipped with a re-circulation system. 5. Use of water from hydrants or BlISh valves shall be limited to maintaining public healtll, safety, and welfare. 6~ Use of water for the irrigation of public parks, and gree.n .belt areas is prollibited except b~tween the hOllrs 12:00 midnight and 5:00 a.m~ 7 K The following non-commercial uses of water are defined as non-essential and are prollibited: a. WasIl down of any sidewalks, walkways, driveways, parking lots, tem1is cOluis, or other hard-surfaced areas. b. Use of water to wasIl down buildings or structures for .purposes otller than im.mediate fire protection; c~ Use of water for dust control; Drought Contingency Plan for the City of West University Place, Texas, 2005 5 {.' d. Flushing gutters or permitting water to run or accumulate in any gutter or street; and. e~ Failure to repair a leak(s) within 72 hOllfS after havil1g been given notice directing the repair of such leak(s). 8. Operation of an irrigation system strictly for tIle purpose of maintenance and repair while under the direct supervision of the technician or home owner performing such maintenance or repair is allowed outside of the mandatory water use restriction hours. STAGE IV - CRITICAL WATER USE RESTRICTIONS: Stage IV is designed to take significant steps to control the use of water in response to periods of critical water shortage~ Stage 4 will begin: Supply-Based Triggers (Either condition may trigger restrictions..) 1. Supply contamination. 2. Equipment outage reduces well capacity by 100% or purchased water intake is limited to less than 60% of the average daily draw rate over the preceding 12 months. Demand- or Capacity-Based Triggers (Either condition may trigger restrictions~) 1. When, for three consecutive days, the total quantity of water distributed. by the City's water system, from all sources reaches, or exceeds either: (i) 7,400,000 gallons per day, or (ii) 80% of the maximum distribution pumping capacity of the system. Upon initiation and termination of Stage 4, the utility will Notify Its customers and the TCEQ. Requirements for termination: Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering evel1ts have ceased to ~xist for a period of five (5) consecutive days. Exception: When the_ triggering event is a City of Houston restriction, Stage 4 ends when the restriction ends~ Upon termination of Stage 4, Stage 2 or Stage 3 may becolne operative. Operational Measures: The utility shall visually inspect lines and. repair leaks on a daily basis. Water line fltlShing is prohibited except for identified water qllality issues and only betwee.n the hours of 9:00 p.m. and 3 :00 a.m. Police and Code Enforcement personnel will be asked to Inaintain vigilance for violations of the water restrictions. Drought Contingency Plan for the City of West University Place, Texas~ 2005 6 , . ( . Mandatory Water Use Restrictions: 1. All outdoor use of water is prohibited. 2~ Irrigation of landscaped areas is absolutely prohibited. 3. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. Drought Contingency Plan for the City of West University Placc~ Texas, 2005 7