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.
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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
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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
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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;
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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.
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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.
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