HomeMy WebLinkAboutOrdinance No. 2006-07 (Title: An ordinance adopting a drought contingency plan for the City of Friendswood.)
ORDINANCE NO.2006-07
AN ORDINANCE ADOPTING A DROUGHT CONTINGENCY PLAN
FOR THE CITY OF FRIENDSWOOD, TEXAS; MAKING CERTAIN
FINDINGS; PROVIDING FOR NOTICE; PROVIDING FOR
COOPERATION WITH OTHER GOVERNMENTAL AGENCIES;
DEFINING DROUGHT STAGES AND ESTABLISHING
CONSERVATION REGULATIONS TO BE IMPLEMENTED DURING
� EACH SUCH DROUGHT STAGE; PROVIDING A PENALTY OF AN
AMOUNT OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE
THAN TWO HUNDRED DOLLARS (5200.00) FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF; PROVIDING OTHER
MATTERS RELATING TO THE SUBJECT; AND PROVIDING FOR
SEVERABILITY.
* � � * � * � � � *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. Declaration of Policy, Purpose and Intent. In order to conserve the
available water supply and protect the integrity of water supply facilities, with particular regard
for domestic water use, sanitation, and fire protection, and to protect and preserve public health,
welfare and safety and minimize the adverse impacts of water supply shortage or other water
supply emergency conditions, the City of Friendswood (the "City") hereby adopts the following
Drought Contingency Plan (the "Plan"), same being a set of regulations and restrictions
governing the delivery and consumption of water. �
Section 2. Public Involvement. Opportunity for public input into preparation of the
Plan was provided by the City. Notice was placed in the local newspaper and on the City's
website notifying the public of the Plan's availability for public review and comment.
Section 3. Public Education. The City of Friendswood will 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. This information will be provided by means of letters, utility bill
inserts, newsletter, website, press releases and/or media, as methods to be used to provide
information to the public about the Plan.
Section 4. Coordination with Regional Planning Groups. The service area of the
City of Friendswood is located within the Houston Region (H) and the City of Friendswood has
provided a copy of this Plan to the Houston Region(H).
Section 5. Authorization. The City Manager, or his/her designee is hereby
authorized and directed to implement the applicable provisions of this Plan upon his/her
determination that such implementation is necessary to protect public health, safety, and welfare.
The City Manager, or his/her designee, shall have the authority to initiate or terminate drought or
other water supply emergency response measures as directed in this Plan.
Section 6. Application. The provisions of this Plan shall apply to all persons,
customers, and property utilizing water provided by the City of Friendswood. The terms
"person" and "customer" as used in the Plan include individuals, corporations, partnerships,
associations, and all other legal entities.
Section 7. Definitions. For the purposes of this Plan, the following definitions shall
apply:
Aesthetic water use shall mean water use far ornamental or decorative purposes, such as
fountains,reflecting pools, and water gardens.
Commercial and institutional water use shall mean water use that is integral to the
operations of commercial and nonprofit establishments and governmental entities, such as retail
establishments, hotels and motels, restaurants, and office buildings.
Conservation shall mean 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 shall mean any person, company, or organization using water supplied by the
City of Friendswood.
Domestic water use shall mean 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.
Even numbered addresses shall mean street addresses, box numbers, or rural postal route
numbers ending in 0,2,4,6 or 8, and locations without addresses.
Odd numbered addresses shall mean street addresses, box numbers, or rural postal route
numbers ending in 1,3,5,7 or 9.
Landscape irrigation use shall mean 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 of inedians.
Nonessential water use shall mean water uses that are not essential or required for the
protection of the public, health, safety, and welfare, including, but not limited to:
oTa.Zoo6-o� 2
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses,
except as otherwise provided for under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle;
(c) use of water to wash down any sidewalk, walkway, driveway, parking lot, tennis
court, or other hard-surfaced area;
(d) use of water to wash down buildings or structures for purposes other than for
immediate fire protection, or for flushing gutters or permitting water to run or accumulate
in any gutter or street;
(e) use of water to fill, refill or add to any indoor or outdoor swimming pool or
jacuzzi-type pool;
(� use of water in a fountain or pond for aesthetic or scenic purposes, except where
necessary to support aquatic life;
(g) failure to repair a controllable leak(s); and
(h) use of water from hydrants for construction purposes or any other purpose other
than fire fighting.
Section 8. Triggering Criteria for Initiation and Termination of Drought
Response Stages; Responses. The City Manager, or his/her designee, shall monitor water
supply and/or demand conditions on a daily basis, determine when conditions warrant initiation
or termination of each stage of the Plan, and implement necessary action as set forth herein.
Public notification of an initiation, or detertnination of drought response stages, shall be by a
means described in Section 3 above.
(a) Stage 1 -Mild Water Shorta�e Conditions.
(1) Requirements for initiation. Customers shall be requested to voluntarily
conserve water and adhere to the prescribed restrictions on certain water uses as defined
in Section 6 above (Definitions), when one or a combination of the following criteria
occurs:
Condition 1: When total daily water demand equals or exceeds 65 percent of
the current available system operating capacity for three consecutive days.
Condition 2: When total daily water demand equals or ezceeds 81 percent of
the current available system operating capacity on a single day.
(2) Requirements for termination. Stage 1 of the Plan may be rescinded when
all of the conditions listed as triggering events have ceased to exist for a period of seven
(7) consecutive days.
Ord.2006-07 3
(3) Response. The goal of the Mild Water Shortage Condition response is to
achieve a voluntary twenty percent (20%) reduction in total water use and/or daily water
demand.
(4) City Supplv Management Measures. Measures to be implemented directly
by the City of Friendswood to manage limited water supplies and/or reduce water
demand:
a. reduce or discontinue flushing of water mains.
(5) Voluntary Water Use Restrictions:
a. Water customers are requested to voluntarily limit the irrigation of
landscaped areas to even numbered days of the month for customers with a street address
ending in an even number (0,2,4,6 or 8), and odd numbered days of the month for water
customers with a street address ending in an odd number (1,3,5,7 or 9), and to irrigate
landscapes only between the hours of midnight and 10:00 a.m., and 8:00 p.m. to
midnight, on designated watering days.
b. All operations of the City of Friendswood shall adhere to water use
restrictions prescribed in "a" next above except that medians irrigation shall be every
other day.
c. Water customers are requested to practice water conservation and
to minimize or discontinue water use for nonessential purposes (Section VII Definitions).
(b) Stage 2 - Severe Water Shortage Conditions.
(1) ReQUirements for initiation. Customers shall be required to comply with
the requirements and restrictions on certain nonessential water usages for Stage 2 of this
Plan when one or a combination of the following criteria occurs:
Condition 1: When total daily water demand equals or exceeds 80 percent of
the available system operating capacity for three consecutive days.
Condition 2: When total daily water demand equals or exceeds 90 percent of
the current available system operating capacity on a single day.
(2) Requirements for termination. Stage 2 of the Plan may be rescinded when
all of the conditions listed as triggering events have ceased to exist for a period of seven
(7) consecutive days.
(3) Response. The goal of the Severe Water Shortage Condition is to achieve
an eighteen percent (18%) reduction in total water use and/or daily water demand and
activate Stage 1.
Ord.2006-07 4
(4) City Supplv Management Measures. Measures to be implemented directly
by the City of Friendswood to manage limited water supplies and/or reduce water
demand:
a. reduce or discontinue flushing of water mains;
b. reduce or discontinue irrigation of public landscaped areas.
(5) Mandatory Water Use Restrictions. It shall be unlawful for any person to
cause or permit the use of water in violation of the following water use restrictions during
a Severe Water Shortage Condition.
a. Irrigation of landscaped areas with hose-end sprinklers or
automatic irrigation systems shall be limited to even numbered days with no
watering on Sundays for any reason, for customers with street addresses ending in
an even number (0,2,4,6 or 8), and on odd numbered days of the month, with no
watering on Sundays for any reason, for water customers with street addresses
ending in an odd number (1,3,5,7 or 9), and irrigation of landscaped areas is
further limited to the hours of 12:00 midnight until 10:00 a.m., and between 8:00
p.m. and 12:00 midnight, on designated watering days. However, irrigation of
landscaped areas is permitted at anytime if it is by means of a faucet filled bucket
or watering can of five (5) gallons or less, or by a drip irrigation system.
b. Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated watering days
between the hours of 12:00 midnight and 10:00 a.m., and between 8:00 p.m. and
12:00 midnight. Such washing, when allowed, shall be done with a hand-held
bucket or hand held hose equipped with a positive shutoff nozzle. Vehicle
washing may be done at any time on the immediate premises of a commercial car
wash or commercial service station. Further, such washing may be exempted
from these regulations if the health, safety, and welfare of the public are
contingent upon frequent vehicle cleaning, such as garbage trucks and vehicles
used to transport food and perishables.
c. Use of water to fill, refill or add to any indoor or outdoor
swimming pool, wading pool, or jacuzzi type pool, is prohibited except on
designated watering days between the hours of 12:00 midnight and 10:00 a.m.,
and between 8:00 p.m. and 12:00 midnight.
d. Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support aquatic life or
where such fountain or pond is equipped with a re-circulating system.
e. Use of water from hydrants shall be limited to fire fighting
activities, or other activities necessary to maintain public health, safety, and
welfare, except that use of water from designated fire hydrants for construction
purposes may be allowed under a special permit from the City of Friendswood.
Ord.2006-07 5
f. Use of water for irrigation of golf course greens, tees, and fairways
is prohibited except on designated watering days between the hours of 12:00
midnight and 10:00 a.m., and between 8:00 p.m. and 12:00 midnight. However, if
a golf course utilizes a water source other than the potable water provided by the
City of Friendswood,the facility shall not be subject to these regulations. The use
of gray water, recycled or non-potable water is permissible.
g. The following uses of water are defined as nonessential and are
prohibited:
i. washing down of any sidewalks, walkways, driveways, parking
lots,tennis courts, or other hard-surfaced areas;
ii. washing down buildings or structures for purposes other than
immediate fire protection;
iii. use of water for dust control;
iv. flushing of gutter or permitting water to run or accumulate in any
gutter or street;
v. failure to repair a controllable leak(s) within a reasonable period
after having been given notice directing the repair of such leak(s);
vi. irrigation of landscape areas, including parks, athletic fields, and
golf courses, except otherwise provided under this Plan;
vii. washing any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle;
viii. filling or refilling or adding to any indoor or outdoor swimming
pool, wading pool or jacuzzi-type pool;
ix. filling or refilling or adding to any fountain or pond for aesthetic or
scenic purposes, except where necessary to support aquatic life;
and
x. except as otherwise specifically authorized herein, use of water
from hydrants for construction purposes or any other purposes
other than fire fighting.
(c) Stage 3 -Emergencv Water Shortase Conditions.
(1) Requirements for initiation. Customers shall be required to comply with
the requirements and restrictions for Stage 3 of this Plan when the City Manager, or
his/her designee, determines that a water supply emergency exists based on:
Condition 1: Major water line breaks, or pump or system failures occur,
which cause unprecedented loss of capability to provide water service; or
Condition 2: Natural or man-made contamination of the water supply
source(s); or
Ord.2006-07 6
Condition 3: When total daily water demand equals or ezceeds ninety one
percent (91%), and /or the system pressure falls below twenty-five pounds
per square inch(25 psi).
(2) Requirements of termination. Stage 3 of the Plan may be rescinded when
all of the conditions listed as triggering events have ceased to exist.
(3) Response. The goal of the Emergency Water Shortage Condition response
is to achieve a minimum of thirty-five percent (35%) reduction in total water use and/or
daily water demand.
(4) City Supply Management Measures. Measures to be implemented directly
by the City of Friendswood to managed limited water supplies and/or reduce water
demand:
a. reduced or discontinued flushing of water mains; and
b. utilize alternative water sources and/or alternative delivery
mechanisms with prior approval of the executive director of the Texas
Commission on Environmental Quality as appropriate (e.g. interconnection with
another system, temporary use of a non-municipal water supply, or use of
reclaimed water for non-potable use).
(5) Mandatorv Water Use Restrictions. All requirements of Stages 1 and 2
shall remain in effect during Stage 3 except:
a. irrigation of landscaped areas is absolutely prohibited;
b. use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is absolutely prohibited;
c. use of water to wash down any sidewalk, walkway, driveway,
parking lot, tennis court, or other hard surface areas is absolutely prohibited;
e. flushing of gutters or permitting water to run or accumulate in any
gutter or street is absolutely prohibited;
e. washing down any building or structure for purposes other than
immediate fire protection is absolutely prohibited;
Section 9. Penalty; Enforcement.
(1) It shall be unlawful for any person to cause or permit the use of potable water
from a public water supply system within the City of Friendswood, Texas, in a manner contrary
to any provision of this Plan, or in an amount in excess of that permitted by a drought response
stage in effect at the time, pursuant to action taken by the City Manger, or his/her designee, in
accordance with provisions of this Plan.
Ord.2006-07 7
(2) First time offenders shall be issued written warning. Any person who violates this
Plan after they have received one written warning shall be deemed guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not less than one dollar ($1.00) nor more than
two hundred dollars ($200.00). Each day that one or more of the provisions in this Plan is
violated shall constitute a separate offense; second if a person is convicted of three or more
distinct violations of this Plan, the City manager, or his/her designee, shall upon due notice to the
customer, be authorized to discontinue water service to the premises where such violations
occur. Services discontinued under such circumstances shall be restored only upon payment of a
reconnection charge, hereby established at $40.00, and any other cost incurred by the City of
Friendswood in discontinuing service. In addition, suitable assurance must be given to the City
Manger, or his/her designee, that the same action shall not be repeated while the Plan is in effect.
Compliance with this Plan may also be sought through injunctive relief in the district court.
Section 10. Variances.
(1) Authorized. The City Manger, or his/her designee, may, in writing, grant a
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 to
adversely affect 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:
(a) 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; or
(b) Alternative methods can be implemented which will achieve the same
level of reduction in water use.
(2) Petition. Persons requesting an exemption from the provisions of this Ordinance
shall file a petition for variance with the City of Friendswood 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 Manger, or his/her designee, and shall include the following:
(a) Name and address of the petitioner(s);
(b) Purpose of water use;
(c) Specific provision(s) of the Plan from which the petitioner is requesting
relief;
(d) Detailed statement as to how the specific provision of the Plan adversely
affects the petitioner or what damage or harm will occur to the petitioner or others if
petitioner complies with this Ordinance;
(e) Description of relief requested;
(� Period of time for which the variance is sought;
Ord.2006-07 g
(g) 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;
(h) Other pertinent information.
(3) Conditions. Variances granted hereunder shall be subject to the following
conditions, unless waived by the City Manager, or his/her designee:
(a) Variances shall include a timetable for compliance;
(b) Variances shall expire when the Plan is no longer in effect, unless the
petitioner has failed to meet specific requirements;
(c) No variance shall be retroactive or otherwise justify any violation of this
Plan that occurred prior to the issuance of the variance.
Section 11. Severability. In the event any section, paragraph, subdivision, clause,
phrase, provision, sentence, or part of this Ordinance or the application of the same to any person
or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of
competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any
part or provision hereof other than the part declared to be invalid or unconstitutional; and the
City Council of the City of Friendswood, Texas, declares that it would have passed each and
every part of the same notwithstanding the omission of any such part thus declared to be invalid
or unconstitutional, or whether there be one or more parts.
PASSED AND APPROVED on first reading this 6t� day of March 2006.
PASSED,APPROVED, and ADOPTED on second and final reading this 2pth
day of March 2006.
.
�iti
Kimball W. Brizendine
Mayor
ATTEST:
� � C�Y
G� � ��y �•�►
Deloris McKenzie, T C � 7�i
City Secretary � �
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Ord.2006-07 9