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HomeMy WebLinkAboutOrdinances (O-06-1587)-09/05/2006 ORDINANCE 0-06-1587 APPROVAL TO REPLACE EMERGENCY ORDINANCE 0-06-1579 AND AMENDING CHAPTER 98, ARTICLE II REGARDING WATER SERVICE AND WATER CONSERVATION PROVIDING FOR A DROUGHT CONTINGENCY PLAN WHEREAS, there currently exists a drought situation in North Texas which, drought threatens the availability of a continuous and reliable potable water supply; and WHEREAS, the City of Colleyville has been asked by the Trinity River Authority to adopt drought contingency provisions in order to better manage the precious resource of potable water; and WHEREAS, in the absence of the Ordinance, the City of Colleyville may not be able to adequately protect its potable water supply, to ensure its availability for both regular and emergency consumption; and WHEREAS, the City Council previously adopted Ordinance 0-06-1579 as an emergency ordinance pursuant to Section 3.12 of the Charter; and WHEREAS, the City Council wishes to adopt permanent provisions to assist in drought control protection; and WHEREAS, all legal prerequisites for the passage of this Ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, the current drought situation and the inadequate regulations to respond to such a drought represent an emergency pursuant to Section 3.12 of the City Charter; and WHEREAS, City Council has found that the passage of this Ordinance serves the best I interests of the health, safety, and welfare of the public. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. n Ordinance 0-06-1587 Page 2 of 2 Sec. 2. THAT this Ordinance amends in its entirety and replaces Ordinance 0-06- 1579 pursuant to Section 3.120f the Charter. I Sec. 3. THAT Chapter 98, Article II of the Code of Ordinances, IS hereby amended as follows: Section's 98-44, 98-45, 98-46, and 98-47 of the Code of Ordinances are hereby amended in their entirety and replaced as follows: The City of Colleyville adopts and establishes a drought contingency plan as shown and provided for in the attached Exhibit "A", which is incorporated herein by reference. Sec. 4. THAT any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 5. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~C- 2006. The se ond reading and public hearing being conducted on the 2006. /S-~ day of ~ day of 91~~ Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE /D~.J, David Kelly Y Mayor APPROVED AS TO FORM AND LEGALITY: ~~.~~ Matthew C. G. Boyle City Attorney Exhibit "A" WATER CONSERVATION & DROUGHT CONTINGENCY PLAN Section 1. Non-essential water uses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency Plan" or the "Plan") are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 10 of this plan. Section 2. Public education and notification. (a) The City, by and through its Department of Public Works and Communications Department shall periodically provide the public with information about the plan, including information 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 each stage. (b) When drought contingency measures appear to be necessary, the public will be notified through available news media and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed of the status of the drought condition through all available media. (c) When a trigger condition has been reached and/or the Trinity River Authority informs the City that drought contingency measures may be necessary, the City Manager or his designee will order the initiation of a public notification process. The public notification process will include, but is not limited to the following: (1) A notice of drought condition will be posted at City Hall. (2) The notice will be circulated to local newspapers and radio stations via public service announcement. Information regarding the contingency measures for the drought condition will be posted on the City's web page. (3) A brochure to each address in Colleyville explaining the plan through a saturation mailing. " Section 3. Coordination with regional water planning groups. The service area of the City is located within the Texas Commission on Environmental Quality (TCEQ) Region 6, the Tarrant Regional Water District (T.R.W.O.) the City of Colleyville, Texas will provide a copy of this plan and any subsequent amendments to the TCEQ, Trinity River Authority (TRA), and Texas Water Development Board (TWOB) Region Section 4. Section 5. Section 6. I Section 7. "e" Rates. A tiered rate structure may be implemented to encourage conservation. Authorization. The City Manager, or his designee, is hereby authorized and directed to implement the applicable provisions of the Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or his designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as needed. Application. The provisions of this plan shall apply to all persons, customers, and property using water provided by the City. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Definitions. For the purposes of this plan, the following definitions shall apply: Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use means water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels, motels, restaurants and office buildings. Conservation means those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer and Person means any person, company, or organization using water supplied by the City. Domestic water use means water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use means the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use means water uses that are neither essential nor required for the protection of public, health, safety, and welfare including: (1) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this plan; (2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (3) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (4) Use of water to wash down buildings or structures for purposes other than immediate fire protection; (5) Flushing gutters or permitting water to run or accumulate in any gutter or street; (6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (7) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (8) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (9) Use of water from hydrants for construction purposes or any other purposes other than fire fighting. Watering Zones means predetermined areas of the city where irrigation is allowed on designated days. Section 8. Triggering criteria for initiation and termination. The City purchases 100 percent of its potable water from the Trinity River Authority. Therefore, the emergency water management triggering measures will be the same as those of TRA. Also, triggering criteria may be initiated as a result of short term deficiencies and or emergencies specific to the City of Colleyville and/or T RA. Following are the triggering criteria for initiation and termination of drought response stages: Stage 1: Water Awareness Triggering criteria: Beginning on May 1 st of each year or, when the T RA. water treatment plant is operatin~ at greater than 85% capacity for seven consecutive days prior to May 1 s, or limitations or failures within the City distribution system warrant implementation, the City Manager may enact conservation measures. Stage 1, Awareness is intended to raise public awareness of potential drought problems. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: . Voluntary reductions in water use . Prohibit residential or commercial lawn watering between the hours of 10:00 a.m. and 6:00 p.m. with the exception of watering by hand or I with soaker hoses . Accelerate public information efforts to teach and encourage reduced water use . Issue a "Code Red" informing residents of restrictions . Staff will begin a review of the problems which initiated the Stage 1 actions . Intensify efforts on leak detection and repair for the City distribution system . Notify major water users and work with them to achieve voluntary water use reduction . Reduce City government use of water for street washing, vehicle washing, operation of ornamental fountains, landscape irrigation and all other nonessential use . Require rain and freeze sensors installed on all new irrigation systems . Require existing irrigation systems to have rain and freeze sensors installed within 24 months . Prohibit the operation of irrigation systems with broken or missing heads . Prohibit the operation of irrigation systems which cause significant runoff . Notify property owners in writing of operation of irrigation systems with broken or missing heads requesting repair or discontinuance within thirty days Exemptions: Private water wells used for irrigation, street sweeping, dust control and newly installed lawns shall be exempt from this ordinance. Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 1 have been alleviated. If Stage 1 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered. Stage 2: Water Watch Triggering criteria: When the T. R.A. water plant is operating at greater than 90% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation. Goals for reduction and actions available under Stage 2, water watch. The goal for water use reduction under Stage 2, Water Watch, is a ten percent (10%) reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: . Continue Stage 1 actions . Develop and implement inter-local agreements with adjacent municipalities for temporary water purchase . Begin mandatory water use restrictions as follows: o Prohibit the hosing of paved areas, buildings or windows; operation of swimming pool draining followed by refilling, washing or rinsing vehicles by hose; using water in such a manner as to allow runoff or other water wastes. o Limit landscape watering at each service address to once every four days based on the watering zone per the schedule below: Zone Allowed Water Days A Tuesday and Friday B Wednesday and Saturday C Thursday and Sunday Zone "A" is north of Colleyville Blvd. and west of Pleasant Run. Zone "B" is north of Glade Rd. and east of Pleasant Run. Zone "C" is south of Glade Rd. and east of Colleyville Blvd. ,..--------------------------------------------------------------------.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._--------------------------------""------------"."-",,-,,-------------------------------_. No watering will be allowed on Monday. These restrictions also apply to government facilities. II " Exceptions: Foundations, and new plantings (first year) of grass, trees and shrubs may be watered with a hand-held or soaker hose on any day; nurseries may water plant stock only. Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 2 have been alleviated. If Stage 2 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until T.RA. and the City determines that conditions exist which will allow termination of Stage 2 actions. Upon termination of Stage 2, Stage 1 becomes operative. Stage 3: Water Warning Triggering criteria: When the T. RA. water treatment plant is operating at 95% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation. Stage 3 actions will not ordinarily be taken until Stage 2 actions have first been implemented. Goals for reduction and actions available under Stage 3, Water Warning. The goal for water use reduction under Stage 3, Water Warning, is a 20 percent reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: . Continue implementation of all restrictions from previous stages . Recommend and implement engineering alternatives for water reduction · Foundations, shrubs, trees and landscape may be watered with a soaker or hand-held hose on the same four-day basis stated in Stage 2, for up to two hours . Prohibit operations of ornamental fountains Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain In effect until the conditions which triggered Stage 3 have been alleviated. If Stage 3 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until T.R.A. and the City determines that conditions exist which will allow termination of Stage 3 actions. Upon termination of Stage 3, Stage 2 becomes operative. Stage 4: Water Emergency Triggering criteria: The T. R.A. water treatment plant is operating at 100% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation. Stage 4 actions will not ordinarily be taken until Stage 3 actions have first been implemented. Goals for reduction and actions available under Stage 4, Water Emergency: The goal for water use reduction under Stage 4, Water Emergency, is a 25 percent reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on customers. The City must notify TCEQ within five business days if these measures are implemented: . Continue implementation of all restrictions from previous stages . Prohibit all commercial and residential landscape watering with the following exceptions: o Nurseries' plant stock may be watered once every four days based on the "watering zone" per the schedule in Stage 2 o Foundations may be watered for a two-hour period between the hours of 6:00 p.m. and 10:00 a.m. with a soaker or hand-held hose on the four-day basis prescribed for landscape watering in Stage 2 . Any and all washing of vehicles is prohibited except for commercial car washes . All commercial water users may be required to reduce water consumption by a percentage determined by the City Manager Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until T RA. and the City determines that conditions exist which will allow termination of Stage 4 actions. Upon termination of Stage 4, Stage 3 becomes operational. Stage 5: Emergency Water Shortage (a) System outage due to failure of a major water system component-- Triggering criteria: A catastrophic failure within the TRW.D., TRA. water system, or the Colleyville water distribution system severely limiting the delivery of potable water. Goals for reduction and actions available under Stage 5, Emergency Water Shortage: The goal for water use reduction under Stage 5, emergency water shortage, is a reduction to prevent public health emergencies that would have occurred in the absence of drought contingency measures. If circumstances warrant or if required by T RA., the City Manager or his designee can set a goal for a greater water use reduction. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on member cities and customers. The City must notify TCEQ within five business days if these measures are implemented: . Initiate or continue implementation of all restrictions from previous stages as directed by the city manager or his designee . Prohibit all commercial and residential landscape watering. All commercial water users will be required to reduce water consumption by a percentage determined by the City Manager or his designee (b) Supply source contamination special precautions-- Triggering criteria: Section 9 Water system contamination caused by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine residuals. In the event of such contamination, the affected area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with subsection (q), "Special Precautions," of Section 290.46, "Minimum Acceptable Operating Practices for Public Drinking Water Systems," of Subchapter 0, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking Water," of Part 1, "Texas Commission on Environmental Quality," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended. Water customers in the affected area shall be notified immediately with a "boil water notice" and a letter explaining the situation and containing recommendations to the water customer regarding the use of bottled water. The "Flow chart" contained in Appendix H of Section 290.47, "Appendices," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking Water, of Part 1, "Texas Commission on Environmental Quality," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended, shall be used to evaluate the response measures necessary to correct the condition. Actions available (applied to all affected customers). . Hand deliver boil water notice to all water customers affected . Prohibit all water usage for human consumption for 24 to 36 hours, as determined by the City Manager or his designee Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 5 have been alleviated. If Stage 5 is initiated because of water supply contamination, all initiated actions will remain in effect until the City Manager or his designee determines that conditions exist which will allow removal of Stage 5 actions. Variances. (a) Temporary variances. The City Manager or his designee may in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (1) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Exemptions. Persons requesting an exemption from the provisions of this article shall file a petition for a variance with the City within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or his designee and shall include the following: (1) Name and address of the petitioner(s). (2) Purpose of water use. (3) Specific provision(s) of the plan from which the petitioner IS requesting relief. (4) Detailed statement as to how the specific prOVIsion of the plan adversely affects the petitioner or what damage or harm wi II occur to the petitioner or others if petitioner complies with this article. (5) Description of the relief requested. (6) Period of time for which the variance is sought. (7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information as may be required by the City Manager or his designee. (c) Special conditions. Variances granted by the City Manager or his designee shall be subject to the following conditions, unless waived or modified by the City Manager or his designee: . Variances granted shall include a timetable for compliance . Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements . No variance shall be retroactive or otherwise justify any violation of the plan occurring prior to the issuance of the variance Section 10. Penalty. It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision hereof 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 or on which a violation occurs or continues.