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HomeMy WebLinkAboutOrdinance No. 99-1110ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 1116 DROUGHT CONTINGENCY ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE COLONY, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING THE WATER AND SEWER CODES OF THE CITY TO ALLOW FOR THE ESTABLISHMENT OF RULES AND PROCEDURES FOR RATIONING, CURTAILING AND CONTROLLING OUTDOOR WATER USAGE AND ESTABLISHING FINES FOR VIOLATION OF THIS ORDINANCE, DECLARING AN EMERGENCY, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: THAT the following Water Conservation Ordinance be adopted in order to protect and guarantee an adequate water supply for the safety of the citizens of The Colony, Texas: Section 1. Implementation The City Manager will be responsible for implementing the appropriate measures as Trigger Conditions occur. Section 2. Drought Phases The City of The Colony has developed three phases of drought urgency: Phase I: Voluntary Water Rationing — Trigger Conditions Trigger Conditions (any of the following may trigger Phase I) 1. Dallas Water Utilities declares Stage 1 Water Watch. 2. The daily water consumption reaches 75% of the System Capacity. 3. This consumption (75%) has existed for a period of three days. 4. The community is in a drought. The City Manager may waive the triggering criteria for Phase 1 if more serious conditions apply. 1 Phase 1 • Voluntary Water Rationing — Drought Contingency Measures: When Phase 1 is enacted by the City Manager, the following voluntary measures will apply: 1. Develop Information Center and designate information person. 2. Advise public of condition and publicize the Information Center. 3. Encourage voluntary reduction of water use by radio, TV or newspaper. 4. Outdoor residential use of water will be encouraged on the following schedule: Last Digit of Address Even number Odd number No watering on Sundays Allowed Irrigation Dates Monday, Wednesday, Friday Tuesday, Thursday, Saturday Outdoor residential uses consist of washing vehicles, boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers, outside showers, (in parks) and water slides. All commercial accounts and accounts servicing more than one address such as office buildings and multi -family complexes shall use the street number indicated on the service building. This restriction applies to City facilities including recreation fields, parks and schools. 5. The City Manager will monitor system function and establish hours for outside water use, depending upon System performance. 6. Information Center and publicity elements shall keep public advised of curtailment status. 7. No new pool permits issued. Phase 2• Mandatory Water Rationing — Trigger Conditions Trigger Conditions: (any of the following may trigger Phase 2) 1. Dallas Water Utilities declares Stage 3 Water Emergency. 2. The daily water consumption reaches 85% of the System Capacity. 3. Daily water consumption will not enable storage levels to be maintained. 4. System demand exceeds available high service pump capacity. 2 Phase 2: Mandatory Water Rationing — Drought Contingency Measures: Curtailment will be initiated when severe conditions are determined by the City Manager. 1. Outside watering allowed in accordance with the following schedule: Last Digit of Address Even number Odd number No watering on Sundays. Allowed Irrigation Dates Monday, Wednesday, Friday Tuesday, Thursday, Saturday All commercial accounts and accounts serving more than one address such as office buildings and multi -family complexes shall use the street number indicated on the service building. This restriction applies to all City and LISD facilities. 2. Public water uses which are not essential for health, safety and sanitary purposes, (excluding athletic fields). 3. Street washing, fire hydrant flushing, filling empty pools, and dust control sprinkling will not be allowed. 4. Commercial uses not listed and industrial uses will be controlled to the extent dictated by the City Manager. 5. No new pool permits issued. 6. No water running into the street. Phase 3• Emergency Condition — Water Crisis- Trigger Conditions Trigger Conditions: (any of the followingwill ill trigger Phase 3) 1. City of Dallas Water Utilities declares Stage 4 Water Crisis. 2. Local demand exceeds 95% of the Systems Capacity. 3. Water system fails from acts of nature, (tornadoes, hurricanes, or man, etc.). Water Emergency Condition is enacted immediately. 4. Water system is contaminated either accidentally or intentionally. Water Emergency Condition is enacted immediately. 5. Other water emergencies as identified by the City Manager. 3 Phase 3• Emergency Condition — Water Crisis — Drought Contingency Measures 1. Prohibit outdoor residential use. 2. Prohibit washing vehicles, etc. or all commercial uses. 3. Prohibit use on construction projects. 4. Inform through all possible media and available means, the emergency situation. Phase 1 & 2: 1. Watering of foundations and first year plantings may be performed with soaker hoses on any day for a total time not to exceed three hours. 2. The System Priority for water service shall be made on the following basis: a. Medical Facilities c. Schools e. Commercial b. Residential d. Industrial f. Recreational 3. Nurseries and retail stores may water plant stock between the hours of 12:00 midnight and 5 a.m. with the rotational restrictions. 4. Irrigation systems utilizing 100% wastewater effluent are not restricted. 5. Irrigation systems utilizing 100% lake or private well -water are not restricted. 6. Businesses requiring water as a basic function of the business, such as nurseries, commercial car wash, Laundromats, high pressure water cleaning, etc., will obtain written permission from the City Manager for intended water use. 7. Limit use on construction projects to essential water use only. 8. No outdoor car or boat etc., washing (except at approved car wash). Section 3. Information and Education The public will be made aware of conservation and drought conditions by information and date transfer through the City's water conservation program primarily through the news media. During periods of drought curtailment, conditions establishes an information center, an information person, and utilize the most effective methods developed for information dissemination on a daily basis including cable channels and written warnings. 4 Section 4. Initiation Procedures Initiation procedures employed at any period are described in the Plan. Each condition will be met with corresponding action by the City Manager and the City Manager will affect curtailment, give notice, publicize and follow with implementation of curtailment. Section 5. Termination Of Notification Actions Termination of each drought condition will begin when that specific condition has been improved to the extent that an upgraded condition can be declared by the City Manager. Generally the conditions are as follows: Phase 1 Dallas Water Utilities Emergency Water Management Plan is not in effect and local demand decreases to 70% of System Capacity or less for 14 consecutive days average, or until the City Manager determines that these measures are no longer required. Phase 2 Dallas Water Utilities Emergency Water Management Plan is not in effect and local demand decreases to 75% of System Capacity or less for 14 consecutive days, or until the City Manager determines that these measures are no longer required. Termination of Phase 2 Water Warning reverses plan to Phase 1. Phase 3 Dallas Water Utilities Emergency Water Management Plan is not in effect and local demand decreases to 85% of System Capacity, or until the City Manager determines that these measures are no longer required. Termination of Phase 3 reverses plan to Phase 2. This process will be employed until full service can be provided. System priority will be considered in return to upgraded condition, returning medical facilities, schools, etc., in priority order (as exceptions in Phase 1 & 2). Termination will be initiated by the City Manager by giving notice as was given to enact drought curtailment. Section 6. Enforcement The following describes the enforcement of this ordinance: Phase 1 Written warnings can be given, although no citations will be given during this voluntary phase. 5 Phase 2 Violations of restrictions shall constitute a written warning by the City Water Department or City Law Enforcement Agencies to comply immediately or a citation may be issued with a fine not to exceed $1,000 per incident. Phase 3 Violations of restrictions shall constitute a written warning by the City Water Department or City Law Enforcement Agencies to comply immediately or a citation may be issued with a fine not to exceed $1,000 per incident. Section 7. Penalties It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than one thousand dollars ($1,000) and a separate offense shall be deemed committed each day during or any which a violation occurs or continues. Section 8. Severability The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. Effective Date This Ordinance shall become effective from and after its date of adoption as provided by law and as provided by the emergency ordinance section of the City Charter. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the j day of i "0/.?/ C 1999. Mayor ManJJBlair Watts ATTEST: . r Patti A. Hicks, TRMC, City Secretary It!