HomeMy WebLinkAboutOrdinance No. 07-1707
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- ! 7 [)7
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE CODE OF ORDINANCES BY REPEALING SECTION
12-118.1, DROUGHT CONTINGENCY, IN IT'S ENTIRETY, AND
REPLACING WITH A NEW SECTION 12-118.1, DROUGHT
CONTINGENCY, DROUGHT CONTINGENCY - THE COLONY, AND
BY ADDING A NEW SECTION 12.118.2, DROUGHT CONTINGENCY -
THE COLONY/AUSTIN RANCH EAST, TO PROVIDE FOR DROUGHT
CONTINGENCY IN THE CITY; ESTABLISHING PROCEDURES AND
CRITERIA FOR DECLARING A WATER EMERGENCY AND
IMPLEMENTING AND TERMINATING DROUGHT RESPONSE
STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER
USES DURING DROUGHT RESPONSE STAGES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES FOR VIOLATION OF
RESTRICTIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That Section 12-118.1 be, and same is, hereby repealed in it's entirety and
replaced with a new Section 12-118.1, Drought Contingency - The Colony, and adding a new Section
12.118.2, Drought Contingency - The Colony/Austin Ranch East, to provide for drought contingency in
the city, which shall read as follows:
"Chapter 12
MUNICIPAL UTILITIES AND SERVICES
ARTICLE VI. WATER AND SEWER CODE
Sec. 12-118.1. Drought Contingency - The Colony.
(a) Purpose and scope.
(1) Dallas Water Utilities (DWU) supplies treated water to the city. This plan specifies the
criteria and procedures for declaring a water emergency and implementing drought or
emergency response phases in accordance with the Texas Administrative Code and the
city's contract with DWU.
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(2) There is hereby established a City of The Colony Drought Contingency Plan (the "Plan")
to provide procedures for:
a. Conserving the available water supply in times of drought and emergency;
b. Maintaining supplies for domestic water use, sanitation, and fire protection;
c. Protecting and preserving public health, safety, and welfare; and
d. Minimizing the adverse impacts of water supply shortages.
(3) The plan applies to:
a. All persons and premises within the city using water from the city's water system
("the system"), except those that are in areas where the water supply is from the City
of Piano;
b. All wholesale contract customers;
c. All retail customers who live in unincorporated areas within the city's extraterritorial
jurisdiction and are served by the system; and
d. All retail customers within the city of Frisco that are served by the system.
(b) Exemptions. The governmental use of water for essential services such as police, fire,
emergency, and other services which is necessary to preserve or protect the health, safety and
welfare of the citizens of the City are exempt from any and all restrictions or mandates set forth
in the Plan.
(c) Definitions. The following words, terms, and phrases, when used in this division, shall
have the meaning ascribed to them in this section, except where the context clearly indicates a
different meaning:
City Manager means the City Manager of the City of The Colony or his authorized
designee.
Customer means a person, company or other entity connected to the City's water system
and contracting with the City of The Colony to receive potable water service.
Director means the Director of Utilities of the City of The Colony or his authorized
designee.
General emergency means a condition in which the existing or projected water supply
available to the city is not anticipated to meet the normal water requirements of metered water
users. This condition may be the result of factors including, but not limited to, natural
emergency conditions (i.e., drought, etc.) and/or a failure of the city's or its supplier's water
distribution systems.
Geographical emergency means a condition in which the existing or projected water
supply available to the city is not anticipated to meet the normal water requirements of a section
or sections of the metered water users. This condition may be the result of factors including, but
not limited to, natural emergency conditions (i.e., drought, fire, etc.) and/or a failure of the city's
or its supplier's water transmission systems.
Landscape means natural plant materials around buildings or on grounds (i.e., trees,
shrubbery, grasses and flowers).
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Landscape beds means plants and shrubs that are separated from turf.
Plan refers to the City of The Colony Drought Contingency Plan.
Person means owner, occupant, or person in control of the premIses or a person
authorized by the owner, occupant, or person in control of the premises.
Potable water means any public water supply, which has been investigated and approved
by the TCEQ as satisfactory for drinking, culinary and domestic purposes.
System means the City of The Colony water works system and shall include, but not
limited to, all reservoirs, storage tanks, elevated tanks, pipelines, pumps, hydrants, meters,
valves, connection, engines, and all other property and machinery used in connection with the
City's water works system.
(d) Authority to declare water emergency. Upon the occurrence of anyone of the criteria
listed below, the City Manager is hereby authorized to declare a water emergency and to
implement any of the drought or emergency response stages in accordance with the provisions of
this Division:
(1) General or geographical emergency;
(2) Water system failures/emergencies (i.e., pressure zone deficiencies, chemical spills,
broken water mains, power outages, electrical failure, failure of storage tanks or other
equipment, treatment plant breakdown, and/or water contamination;
(3) Supply failure from DWU or initiation of any stage in its drought contingency plan;
(4) As inability to recover approximately ninety percent (90%) in all storage facilities within
a twenty-four (24) hour period; or
(5) Notification by DWU of a significant decrease in reservoir levels resulting in the
inability, presently or in the immediate future, to recover resources sufficient to provide
services necessary for public health, safety, and welfare.
(d) Drought phases. The city has developed those phases of drought urgency, based on the
following situations: (i) Reduction in available water supply up to a repeat of the drought of
record; (ii) Water production or distribution system limitations; (iii) Supply source
contamination; or (iv) System outage due to the failure or damage of major water system
components.
(1) Phase 1.
a. Voluntary water awareness - Trigger conditions. Any of the following may trigger
Phase 1:
1. DWU declares Stage 1 Voluntary Water Awareness.
2. The daily water consumption reaches 75 percent of the system capacity for four
consecutive days.
3. The community is in a drought.
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The City Manager may waive the triggering criteria for Phase 1 if more serious
conditions apply.
b. 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 use of water will be encouraged on the following schedule:
Last Digit of Address Allowed Irrigation Dates
Even number Sundays and Thursdays
Odd number Saturdays and Wednesdays
No address Sundays and Thursdays
No watering on Mondays, Tuesdays or Fridays
Outdoor uses consist of washing vehicles, boats, trailers, landscape sprinkler
systems and irrigation, recreational use of sprinklers, outside showers, (in parks)
and residential water slides. All commercial accounts and accounts servicing
more than one address such as office buildings and multifamily complexes shall
use the street number indicated on the service building. This restriction applies to
all facilities including recreation fields, parks and schools. Irrigation of landscaped
areas is permitted at anytime if it is by means of a hand-held hose, a faucet filled
bucker or drip irrigation system.
5. Encourage restaurants to serve customers water by request only.
6. Encourage hotel/motels to request multiple day patrons to reuse linens instead of
changing every day.
7. Information center and publicity elements shall keep public advised of curtailment
status.
(2) Phase 2.
a Mandatory water watch - Trigger conditions. Any of the following may trigger
Phase 2:
1. Dallas Water Utilities declares Stage 2 mandatory water watch.
2. The daily water consumption reaches 85 percent of the system capacity for three
consecutive days.
3. Daily water consumption will not enable storage levels to be maintained.
b. Mandatory water watch - Drought contingency measures. All Phase 1 measures will
become mandatory and remain in effect during Phase 2 except:
1. Outdoor use of water will be limited to the following schedule:
Last Digit of Address Allowed Irrigation Dates
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Even number Sundays and Thursdays
Odd number Saturdays and Wednesdays
No address Sundays and Thursdays
No watering on Mondays, Tuesdays or Fridays
Outdoor uses consist of washing vehicles, boats, trailers, landscape sprinkler
systems and irrigation, recreational use of sprinklers, outside showers (in parks),
and residential water slides. All commercial accounts and accounts servicing
more than one address such as office buildings and multifamily complexes shall
use the street number indicated on the service building. This restriction applies to
all facilities including recreation fields, parks, schools, and the City. Irrigation of
landscaped areas is permitted at anytime if it is by means of a hand-held hose, a
faucet filled bucker or drip irrigation system.
2. Washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
restricted to the use of a hand-held bucket or a hand-held hose equipped with a
positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time
on the immediate premises of a commercial car wash or commercial service
station. Such washing may be exempted by the City Manager if the health, safety,
and welfare of the public is contingent upon frequent vehicle cleansing, such as
garbage trucks and vehicles used to transport food and perishables.
3. Hosing off paved areas, buildings, windows or other surfaces is prohibited.
4. Commercial uses not listed and industrial uses will be controlled to the extent
dictated by the City Manager.
5. Restrict operation of ornamental fountains or ponds to initial filling except when
equipped with a recirculation system.
6. Prohibit recreational water use including uses of faucets, hoses or hydrants where
there is water running into the street.
(2) Phase 3.
a Mandatory water warning - Trigger conditions. Any of the following may trigger
Phase 3:
1. Dallas Water Utilities declares Stage 3 mandatory water warning.
2. The daily water consumption reaches 95 percent of the system capacity for two
consecutive days.
3. Daily water consumption will not enable storage levels to be maintained.
b. Mandatory water warning - Drought contingency measures. All Phase 2
requirements shall remain in effect during Phase 3 except.
1. Outdoor use of water will be limited to the following schedule between the hours
of6:00 AM and 10:00 AM and between 6:00 PM and 12:00 midnight.
Last Digit of Address Allowed Irrigation Dates
Even number Sundays and Thursdays
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Odd number Saturdays and Wednesdays
No address Sundays and Thursdays
No watering on Mondays, Tuesdays or Fridays
Outdoor 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 multifamily complexes shall use the street
number indicated on the service building. This restriction applies to all facilities
including recreation fields, parks, schools, and the City. The use of hose-end
sprinklers or permanently installed automatic sprinkler systems are prohibited at
all times. Foundations may be watered for a two-hour period with soaker or hand-
held hose equipped with a positive shutoff nozzle on the watering schedule.
2. Washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle
not occurring on the premises of a commercial car wash or commercial service
station and not in the immediate interest of public health, safety, and welfare is
prohibited. Further, such vehicle washing shall be only between the hours of 6:00
AM and 10:00 AM and between 6:00 PM and 10:00 PM.
3. The filling of water in swimming pools, wading pools, and Jacuzzi or similar
types of facilities is prohibited. Permitting of swimming pools, hot tubs, spas,
ornamental ponds, and fountain construction is prohibited.
4. Commercial uses not listed and industrial uses will be controlled to the extent
dictated by the City Manager.
5. Restrict operation of ornamental fountains or ponds to initial filling except when
equipped with a recirculation system.
6. Recreational water use including uses of faucets, hoses or hydrants is prohibited.
7. No applications for new, additional, expanded, or increased-in-size water service
connections, meters, service lines, pipeline extensions, mains, or water service
facilities of any kind shall be approved.
8. Wet street sweeping and city vehicle washing or rinsing is prohibited except in the
interest of public health, safety, and welfare.
(3)Phase 4.
a. Water Emergency - Trigger conditions. Any of the following will trigger Phase 4:
1. DWU declares Stage 4 water emergency.
2. Local demand exceeds 98 percent of the system capacity.
3. Failed or damaged major water system components causing a water system outage
(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.
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5. Other water emergencies identified by the City Manager (for example, water
production or distribution system limitations, etc,).
b. Water Emergency - Drought contingency measures. All Phases 2 and 3 requirements
shall remain in effect during Phase 4 except:
1. Irrigation of landscaped areas is absolutely prohibited.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle is absolutely prohibited.
3. The use of potable water for construction purposes is prohibited except where
necessary for public health or safety reasons.
(4) Goals. During periods of water shortage and drought, the phases will achieve a reduction
of water usage:
a. Phase 1 - Two percent water use reduction;
b. Phase 2 - Six percent water use reduction;
c. Phase 3 - Twelve percent water use reduction.
d. Phase 4 - Twenty-five percent water use reduction.
(e) Information and education. A program of continuing public education and information
regarding the drought contingency plan will be implemented. During periods of drought
conditions the city utilizes the most effective methods developed for information dissemination
on a daily basis including cable chmmels, written notices, mailers and the city's web site.
(f) 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.
(g) 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:
(1)Phase 1. DWU Stage 1 voluntary water awareness is not in effect and local demand
decreases to 70 percent of system capacity or less for 14 consecutive days average, or
until the City Manager determines that these measures are no longer required.
(2)Phase 2. DWU Stage 2 mandatory water watch is not in effect and local demand
decreases to 75 percent 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.
(3)Phase 3. DWU Stage 3 mandatory water warning is not in effect and local demand
decreased to 85 percent 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.
(4)Phase 4. DWU Stage 4 water emergency is not in effect and local demand decreased to
95 percent of system capacity, or until the City Manager determines that these measures
are no longer required. Termination of Phase 4 reverses plan to Phase 3.
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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.
Termination will be initiated by the City Manager by giving notice as was given to enact drought
curtailment.
(h) Enforcement. The following describes the enforcement ofthis section:
(1)No warnings or citations will be given during Phase 1. Written warnings will be given as
a first notice prior to receiving a citation. Citations will not be given prior to publication
in the local newspaper that mandatory restrictions have been enacted.
(2)Failure to comply with the restrictions for Phases 2, 3 and 4 shall constitute a violation
and a citation may be issued.
(3)Discontinuance of water service to irrigation system.
a. In addition to the criminal penalties that may be imposed for a violation of this article,
upon a person's third citation of any provision of this ordinance within a ninety (90)
day period during a Phase 2, 3 or 4 drought or emergency response phase, the city
may also terminated water service to the residential or commercial irrigation system
by locking down the backflow prevention device at the location where the violations
occurred.
b. Prior to such termination, the customer shall be given seventy-two (72) hours notice
of the city's intent to terminate service and be afforded, if requested, a hearing on the
termination. A hearing must be requested in writing within seventy-two (72) hours of
receipt of the notice. The request for hearing shall be made to the Director of
Utilities, City of The Colony, 6800 Main Street, The Colony, Texas 75056. Notice of
the date, time and place of the hearing will be sent by hand-delivery or certified mail,
return receipt requested, to the last known address of the water utility customer.
Following the hearing, the Director shall make a written determination as to whether
the water service to the customer's irrigation system should be terminated and a copy
of this decision shall be sent to the customer at the customer's last known address.
The water service to the customer's irrigation system shall not be terminated during
the appeal process. The decision of the Director shall be final as to administrative
remedies.
c. In order to have water service to an irrigation system restored after being terminated
in accordance with this ordinance, a customer must attend and complete a water
conservation course sponsored by the City and pay a fee established by resolution of
the City Council to have the lock on the backflow prevention device removed. Such
fee shall be paid each time a lock from a backflow prevention device is removed in
order to restore water service to an irrigation system pursuant to this section.
d. It shall be unlawful for a person to remove through the use of any means or otherwise
cause damage to a lock that has been placed on a backflow prevention device by the
Director or his designee pursuant to this section.
(i) Penalties. It shall be unlawful for any person to violate any provision ofthis section, and
any person violating or failing to comply with any provision hereon shall be fined, upon
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conviction, in an amount not more than $2,000.00 and a separate offense shall be deemed
committed each day during which a violation occurs or continues.
(j) Variances. During the times the various stages of the mandatory phases of the plan are in
operation, the City Manager or a designated official, may grant variances in special cases to
persons demonstrating extreme hardship and need.
(1) The City Manager shall decide all petitions for variances from the requirements of this
ordinance. All petitions for variances must be in writing, addressed to the Director of
Utilities, City of The Colony, 6800 Main Street, The Colony, Texas 75056 and shall
include the following information:
a. Name and address of the petitioners;
b. Purpose of water use;
c. Specific provisions from which relief is requested;
d. Detailed statement of the adverse effect of the provlSlons from which relief is
requested;
e. Description of the relief requested;
f. Period of time for which the variance is sought;
g. Alternative measures that will be taken to reduce water use; and
h. Other pertinent information.
(2)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 maImer 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 his 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;
e. Strict compliance with the drought contingency plan or the water use restrictions set
out in the drought or emergency response phases cannot be achieved due to serious
mechanical or technical limitations which CaImot be corrected; and
f. Alternative water conservation methods that achieve the same level of reduction in
potable water use for applicant can be implemented.
(3) A granted variance may be revoked under the following circumstances:
a. That the conditions of subsection (1) of this section 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.
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(k) Implementation notification. The city will notify the Executive Director of the TCEQ
within five business days of the implementation of any mandatory provisions of the drought
contingency plan.
(1) Review and update of the plan. The city will review and update, as appropriate, this
drought contingency plan at least every five years, based on new or updated information, such as
the adoption or revision of the regional water plan.
(m) Coordination with the regional water planning groups and the state. Copies of this
adopted drought contingency plan will be provided to the Region C water plmming group and
TCEQ.
Sec. 12-118.2. Drought Contingency - The Colony/Austin Ranch East.
(b) Purpose and scope.
(1) The City of Piano supplies treated water to the portion of the city in Austin Ranch which
lies south of State Highway 121 east of the MKT Railroad line to the eastern city limits
commonly referred to as "The Colony/Austin Ranch East". This plan specifies the
criteria and procedures for declaring a water emergency and implementing drought or
emergency response phases in accordance with the Texas Administrative Code and the
city's contract with the City of Piano.
(2) There is hereby established a City of The Colony/Austin Ranch East Drought
Contingency Plan (the "Plan") to provide procedures for:
a. Conserving the available water supply in times of drought and emergency;
b. Maintaining supplies for domestic water use, sanitation, and fire protection;
c. Protecting and preserving public health, safety, and welfare; and
d. Minimizing the adverse impacts of water supply shortages.
(3) The plan applies to all persons and premises within the city using water from the city's
water system ("the system") that are in areas where the water supply is from the City of
Piano.
(b) Exemptions. The governmental use of water for essential services such as police, fire,
emergency, and other services which is necessary to preserve or protect the health, safety and
welfare of the citizens of the City are exempt from any and all restrictions or mandates set forth
in the Plan.
(c) Definitions. The following words, terms, and phrases, when used in this division, shall
have the meaning ascribed to them in this section, except where the context clearly indicates a
different meaning:
City Manager means the City Manager of the City of The Colony or his authorized
designee.
Customer means a person, company or other entity connected to the City's water system
and contracting with the City of The Colony to receive potable water service.
Director means the Director of Utilities of the City of The Colony or his authorized
designee.
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General emergency means a condition in which the existing or projected water supply
available to the city is not anticipated to meet the normal water requirements of metered water
users. This condition may be the result of factors including, but not limited to, natural
emergency conditions (i.e., drought, etc.) and/or a failure of the city's or its supplier's water
distribution systems.
Geographical emergency means a condition in which the existing or projected water
supply available to the city is not anticipated to meet the normal water requirements of a section
or sections of the metered water users. This condition may be the result of factors including, but
not limited to, natural emergency conditions (i.e., drought, fire, etc.) and/or a failure of the city's
or its supplier's water transmission systems.
Landscape means natural plant materials around buildings or on grounds (i.e., trees,
shrubbery, grasses and flowers).
Landscape beds means plants and shrubs that are separated from turf.
Plan refers to the City of The Colony/Austin Ranch East Drought Contingency Plan.
Person means owner, occupant, or person in control of the premises or a person
authorized by the owner, occupant, or person in control ofthe premises.
Potable water means any public water supply, which has been investigated and approved
by the TCEQ as satisfactory for drinking, culinary and domestic purposes.
System means the City of The Colony/Austin Ranch East water works system and shall
include, but not limited to, all reservoirs, storage tanks, elevated tanks, pipelines, pumps,
hydrants, meters, valves, connection, engines, and all other property and machinery used in
connection with the City's water works system.
(e) Authority to declare water emergency. Upon the occurrence of anyone of the criteria
listed below, the City Manager is hereby authorized to declare a water emergency and to
implement any of the drought or emergency response stages in accordance with the provisions of
this Division:
(1) General or geographical emergency;
(2) Water system failures/emergencies (i.e., pressure zone deficiencies, chemical spills,
broken water mains, power outages, electrical failure, failure of storage tanks or other
equipment, treatment plant breakdown, and/or water contamination;
(3) Supply failure from City of Piano or initiation of any stage in its drought contingency
plan;
(4) As inability to recover approximately ninety percent (90%) in all storage facilities within
a twenty-four (24) hour period;
(5) Notification by the City of Piano of a significant decrease in reservoir levels resulting in
the inability, presently or in the immediate future, to recover resources sufficient to
provide services necessary for public health, safety, and welfare.
(d) Drought phases. The city has developed those phases of drought urgency, based on the
following situations: (i) Reduction in available water supply up to a repeat of the drought of
record; (ii) Water production or distribution system limitations; (iii) Supply source
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contamination; or (iv) System outage due to the failure or damage of major water system
components.
(1) Phase 1.
a. Voluntary water awareness - Trigger conditions. Any of the following may trigger
Phase 1:
1. The City of Piano declares Stage 1 mild (voluntary) drought.
2. The daily water consumption reaches 85 percent of the system capacity for four
consecutive days.
4. The community is in a drought.
The City Manager may waive the triggering criteria for Phase 1 if more serious
conditions apply.
b. 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. Recommend to all City water users:
1. use soaker hoses to maintain foundation moisture;
11. irrigate landscaping with a hand operated hose equipped with a positive shut
off nozzle; and
iii. operate sprinkler system only once per week and only if necessary, irrigate
between 6:00 PM and 10:00 AM only.
This restriction applies to all facilities including recreation fields, parks and
schools. Encourage the irrigation of landscaped areas by means of a hand-held
hose, a faucet filled bucker or drip irrigation system.
5. Encourage restaurants to serve customers water by request only.
6. Encourage hotel/motels to request multiple day patrons to reuse linens instead of
changing every day.
7. Information center and publicity elements shall keep public advised of curtailment
status.
(2) Phase 2.
a Mandatory water watch - Trigger conditions. Any of the following may trigger
Phase 2:
1. The City of Piano declares Stage 2 moderate (mandatory) drought.
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2. The daily water consumption reaches 90 percent of the system capacity for three
consecutive days.
3. Daily water consumption will not enable storage levels to be maintained.
b. Mandatory water watch - Drought contingency measures. All Phase 1 measures will
become mandatory and remain in effect during Phase 2 except:
1. Require all city water users:
1. use soaker hoses to maintain foundation moisture;
11. irrigate landscaping with a hand operated hose equipped with a positive shut
off nozzle; and
iii. sprinkler operation system is restricted to Fridays only between the hours of
12:00 AM and 10:00 AM and between 6:00 PM and 11:59 PM.
This restriction applies to all facilities including recreation fields, parks and
schools. Encourage the irrigation of landscaped areas by means of a hand-held
hose, a faucet filled bucker or drip irrigation system.
2. Washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
restricted to the use of a hand-held bucket or a hand-held hose equipped with a
positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time
on the immediate premises of a commercial car wash or commercial service
station. Such washing may be exempted by the City Manager if the health, safety,
and welfare of the public is contingent upon frequent vehicle cleansing, such as
garbage trucks and vehicles used to transport food and perishables.
3. Hosing off paved areas, buildings, windows or other surfaces is prohibited.
4. Commercial uses not listed and industrial uses will be controlled to the extent
dictated by the City Manager.
5. Restrict operation of ornamental fountains or ponds to initial filling except when
equipped with a recirculation system.
6. Prohibit recreational water use including uses of faucets, hoses or hydrants where
there is water running into the street.
6. Encourage the public to wait until the current drought or water emergency has
passed before establishing new landscaping. New landscaping installed during
any drought response stage will be subject to any additional water use restrictions
implemented under drought responses Phases 3 or 4. Financial loss will not
constitute justification for a variance.
7. Reduce non-essential city government water use. (Examples include street
cleaning, vehicle washing, operation of ornamental fountains, etc.) Initiate studies
to evaluate alternatives should conditions worsen.
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(2) Phase 3.
a Mandatory water warning - Trigger conditions. Any of the following may trigger
Phase 3:
1. The City of Piano declares Stage 3 severe (mandatory) drought.
2. The daily water consumption reaches 95 percent of the system capacity for two
consecutive days.
3. Daily water consumption will not enable storage levels to be maintained.
b. Mandatory water warning - Drought contingency measures. All Phase 2
requirements shall remain in effect during Phase 4 except:
1. Outdoor use of water is restricted to Fridays only between the hours of 12:00 AM
and 10:00 AM and between 6:00 PM and 11:59 PM.
Outdoor 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 multifamily complexes shall use the street
number indicated on the service building. This restriction applies to all facilities
including recreation fields, parks, schools, and the City. Irrigation of city parks,
athletic complexes and facilities will be allowed Monday through Friday from
10:00 PM to 6:00 AM. Foundations may be watered for a two-hour period with
soaker or hand-held hose equipped with a positive shutoff nozzle on the watering
schedule.
2. Washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle
not occurring on the premises of a commercial car wash or commercial service
station and not in the immediate interest of public health, safety, and welfare is
prohibited. Further, such authorized vehicle washing shall be only between the
hours of6:00 AM and 10:00 AM and between 6:00 PM and 10:00 PM.
3. Commercial uses not listed and industrial uses will be controlled to the extent
dictated by the City Manager.
4. Restrict operation of ornamental fountains or ponds to initial filling except when
equipped with a recirculation system.
5. Recreational water use including uses of faucets, hoses or hydrants is prohibited.
6. Wet street sweeping and city vehicle washing or rinsing is prohibited except in the
interest of public health, safety, and welfare.
(3)Phase 4.
a. Water Emergency - Trigger conditions. Any of the following will trigger Phase 4:
1. City of Piano declares Stage 4 emergency (mandatory) drought.
2. Local demand exceeds 98 percent of the system capacity.
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3. Failed or damaged major water system components causing a water system outage
(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 identified by the City Manager (for example, water
production or distribution system limitations, etc,).
b. Water Emergency - Drought contingency measures. All Phases 2 and 3 requirements
shall remain in effect during Phase 4 except:
1. Irrigation of landscaped areas is absolutely prohibited. Foundations may be
watered as needed with soaker hose only.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle is absolutely prohibited.
3. No applications for new, additional, expanded, or increased-in-size water service
connections, meters, service lines, pipeline extensions, mains, or water service
facilities of any kind shall be approved.
3. The use of potable water for construction purposes is prohibited except where
necessary for public health or safety reasons.
(4) Goals. During periods of water shortage and drought, the phases will achieve a reduction
of water usage:
a. Phase 1 - One percent water use reduction;
b. Phase 2 - Two percent water use reduction;
c. Phase 3 - Five percent water use reduction.
d. Phase 4 - Ten percent water use reduction.
(e) Information and education. A program of continuing public education and information
regarding the drought contingency plan will be implemented. During periods of drought
conditions the city utilizes the most effective methods developed for information dissemination
on a daily basis including cable chmmels, written notices, mailers and the city's web site.
(f) 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.
(g) 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:
(1)Phase 1. The City of Piano Stage 1 mild (voluntary) drought is not in effect and local
demand decreases to 80 percent of system capacity or less for 14 consecutive days
average, or until the City Manager determines that these measures are no longer required.
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(2)Phase 2. The City of Piano Stage 2 moderate (mandatory) drought is not in effect and
local demand decreases to 85 percent 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 reverses plan to Phase 1.
(3)Phase 3. The City of Piano Stage 3 severe (mandatory) drought is not in effect and local
demand decreased to 90 percent 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.
(4)Phase 4. The City of Piano Stage 4 emergency (mandatory) drought is not in effect and
local demand decreased to 95 percent of system capacity, or until the City Manager
determines that these measures are no longer required. Termination of Phase 4 reverses
p Ian to Phase 3.
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.
Termination will be initiated by the City Manager by giving notice as was given to enact drought
curtailment.
(h) Enforcement. The following describes the enforcement ofthis section:
(1)No warnings or citations will be given during Phase 1. Written warnings will be given as
a first notice prior to receiving a citation. Citations will not be given prior to publication
in the local newspaper that mandatory restrictions have been enacted.
(2)Failure to comply with the restrictions for Phases 2, 3 and 4 shall constitute a violation
and a citation may be issued.
(3)Discontinuance of water service to irrigation system.
a. In addition to the criminal penalties that may be imposed for a violation of this article,
upon a person's third citation of any provision of this ordinance within a ninety (90)
day period during a Phase 2, 3 or 4 drought or emergency response phase, the city
may also terminated water service to the residential or commercial irrigation system
by locking down the backflow prevention device at the location where the violations
occurred.
b. Prior to such termination, the customer shall be given seventy-two (72) hours notice
of the city's intent to terminate service and be afforded, if requested, a hearing on the
termination. A hearing must be requested in writing within seventy-two (72) hours of
receipt of the notice. The request for hearing shall be made to the Director of
Utilities, City of The Colony, 6800 Main Street, The Colony, Texas 75056. Notice of
the date, time and place of the hearing will be sent by hand-delivery or certified mail,
return receipt requested, to the last known address of the water utility customer.
Following the hearing, the Director shall make a written determination as to whether
the water service to the customer's irrigation system should be terminated and a copy
of this decision shall be sent to the customer at the customer's last known address.
The water service to the customer's irrigation system shall not be terminated during
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the appeal process. The decision of the Director shall be final as to administrative
remedies.
c. In order to have water service to an irrigation system restored after being terminated
in accordance with this ordinance, a customer must attend and complete a water
conservation course sponsored by the City and pay a fee established by resolution of
the City Council to have the lock on the backflow prevention device removed. Such
fee shall be paid each time a lock from a backflow prevention device is removed in
order to restore water service to an irrigation system pursuant to this section.
d. It shall be unlawful for a person to remove through the use of any means or otherwise
cause damage to a lock that has been placed on a backflow prevention device by the
Director or his designee pursuant to this section.
(i) Penalties. It shall be unlawful for any person to violate any provision of this section, and
any person violating or failing to comply with any provision hereon shall be fined, upon
conviction, in an amount not more than $2,000.00 and a separate offense shall be deemed
committed each day during which a violation occurs or continues.
(j) Variances. During the times the various stages of the mandatory phases of the plan are in
operation, the City Manager or a designated official, may grant variances in special cases to
persons demonstrating extreme hardship and need.
(1) The City Manager shall decide all petitions for variances from the requirements of this
ordinance. All petitions for variances must be in writing, addressed to the Director of
Utilities, City of The Colony, 6800 Main Street, The Colony, Texas 75056 and shall
include the following information:
a. Name and address ofthe petitioners;
b. Purpose of water use;
c. Specific provisions from which relief is requested;
d. Detailed statement of the adverse effect of the prOVlSlons from which relief is
requested;
e. Description of the relief requested;
f. Period of time for which the variance is sought;
g. Alternative measures that will be taken to reduce water use; and
h. Other pertinent information.
(2) 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 mmmer 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 his health,
safety, or welfare, and show evidence of substantial water conservation efforts;
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d. The health, safety and welfare of other persons must not be adversely affected by the
granting of the variance;
e. Strict compliance with the drought contingency plan or the water use restrictions set
out in the drought or emergency response phases cannot be achieved due to serious
mechanical or technical limitations which cmmot be corrected; and
f. Alternative water conservation methods that achieve the same level of reduction in
potable water use for applicant can be implemented.
(3) A granted variance may be revoked under the following circumstances:
a. That the conditions of subsection (1) of this section 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.
(k) Implementation notification. The city will notify the Executive Director of the TCEQ
within five business days of the implementation of any mandatory provisions of the drought
contingency plan.
(1) Review and update of the plan. The city will review and update, as appropriate, this
drought contingency plan at least every five years, based on new or updated information, such as
the adoption or revision of the regional water plan.
(m) Coordination with the regional water planning groups and the state. Copies of this
adopted drought contingency plan will be provided to the Region C water plmming group and
TCEQ."
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances 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 it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby repealed and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 4. This Ordinance shall become effective from and after its date of passage
in accordance with law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS THIS 5th day of March. 2007.
APPROVED:
ATTEST:
{!bAi L;J~
Chi1stie Wilson, City Secretary
Robert E. Hager, Ci
(REH/cdb 02
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