HomeMy WebLinkAboutOrdinance No. 03-1476 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 03-1476
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 2 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.
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, newspaper, or
Internet.
4. Outdoor residential use of water will be encouraged on the following
schedule:
Last Digit of Address Allowed Irhgation Dates
Even number Monday, Wednesday, Friday
Odd number Tuesday, Thursday, Saturday
No watering on Sundays
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 Warning.
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.
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 Allowed Irrigation Dates
Even number Monday, Wednesday, Friday
Odd number Tuesday, Thursday, Saturday
No watering on Sundays.
All commemial accotmts 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) will not be allowed.
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 following will trigger Phase 3)
1. City of Dallas Water Utilities declares Stage 4 Water Emergency.
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 irmnediately.
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. Lrrigation 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.
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.
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. Variances
During the times the various stages of the Emergency Water Use Plan are in operation,
the city manager or a designated official, may grant variances in special cases to persons
demonstrating extreme hardship and need.
I. Variances shall be granted only under the following circumstances and
conditions:
A. The applicant must sign a compliance agreement on forms
provided by the city, agreeing to use the water only in the amount
and manner permitted by the variance;
B. Granting of variance must not cause an immediate significant
reduction in the city's water supply, or water shortages within
certain pressure zones or areas;
C. The applicant must demonstrate extreme hardship or need relating
to their health, safety, or welfare, and show evidence of substantial
water conservation efforts.
D. The health, safety and welfare of other persons must not be
adversely affected by the granting of the variance.
II. A granted variance may be revoked under the following circumstances:
A. That the conditions of the above section (Section I, A-D) are no
longer being met;
B. The terms of the compliance agreement are violated, or
C. The health and safety of other persons requires that the variance be
revoked.
Section 9. 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 10. 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 21st day of July 2003.
~ ~'~'~ f/~& McCrOry, Ma~-tem
Patti A. Hicks, TRMC, City Secretary