HomeMy WebLinkAboutOrdinance No. 99-19 , , , ,.,�. W.� ' � ,
ORDINANCE NO. 9 9-19
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
ADOPTING A DROUGHT CONTINGENCY PLAN; AUTHORIZING
THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING
A PENALTY 1N AN AMOUNT OF NOT LESS THAN ONE DOLLAR
($1.00) NOR MORE THAN TWO HLTNDRED DOLLARS ($200.00) FOR
EACH DAY OF VIOLATION HEREOF; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR OTHER RELATED
MATTERS.
* * * * * *
WHEREAS, the State of Texas frequently experiences drought conditions during hot
summer months; and
WHEREAS, the City of Friendswood has in past years experienced high demands on its
water supply in times of drought or extreme heat; and
WHEREAS, in order to conserve the available water supply and protect the integrity of
the City's water supply facilities, to ensure that water is available for emergency and
essential uses, and to protect the public health, safety and welfare; the City Council of the
City of Friendswood, Texas hereby adopts a Drought Contingency Plan to manage water
resources in times of drought or high use;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. Ordinance Number 87-15, adopted on July 6, 1987, which
authorized the City manager to initiate water rationing, designated certain and alternating
Drought Contingency Plan
Page 1
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days for watering, and established a penalty for violations thereof, is hereby repealed in its
entirety.
Section 2. A Drought Contingency Plan (the "Plan") for the City of
Friendswood, Texas, is hereby adopted, as described in E�ibit A, attached hereto and
incorporated herein by reference, the provisions of which are hereby ordained and enacted.
Section 3. The City Manager, or his designee, is hereby authorized to take
such steps as are necessary to manage water resources in accordance with the Plan.
Section 4. Penaltv Any person who shall violate any provision of this
Ordinance and the Plan adopted hereunder shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined in an amount not less than one dollar ($1.00) nor more than two
hundred dollars ($200.00). Each day of violation shall constitute a sepazate offense. Provided
further, that an individual may be subject to certain administrative costs and fees necessary for
the administration of the City's water utility, as provided in the Plan or other Water Utility
ordinances and policies.
Section 5. Severabilitv. In the event any clause phrase, provision, sentence,
or part of this Ordinance and the Plan adopted hereunder or the application of the same to
any person or circumstances shall for any reason be adjudged invalid or held
unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Section 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, whether there be one or more parts.
Drought Contingency Plan
Page 2
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PASSED AND APPROVED on first reading this 21st day of June
1999.
PASSED, APPROVED, and ADOPTED on second and final reading this 12th
day of July , 1999.
Harold L. Whitaker
Mayor
ATTEST:
Deloris McKenzie, T
City Secretary
Drought Contingency Plan
Page 3
EXHTBIT "P:"
APPENDIX A
DROUGHT CONTINGENCY PLAN FOR
THE CITY OF FRIENDSWOOD
Section I: Declaration of Policy, Purpose, and �ntent
In order to conserve the available water supply and protect the integrity of water supply facilities,
with particular regard for dornestic water use, sanitation, and fire protection, and to protect and
preserve public health,welfare,and safety and minimize the adverse impacts of water supply sho�tage
or other water supply emergency conditions, the City of Friendswood hereby adopts the following
regulations and restrictions on the delivery and consumption of water.
Water uses regulated or prohibited under this Drought Contingency Plan(the Plan) are considered
to be non-essential and continuation of such uses during times of water shortage or other emergency
water supply conditions aze deemed to constitute a waste of water which subjects the offender(s) to
penalties as defined in Section IX of this Plan.
Section II: Public Involvemeot
Opportunity for the public to provide input into the preparation of the Plan will be provided by the
City of Friendswood. A 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 III: Publ:c Educatioo
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
tenninated and the drought response measures to be implemented in each stage. This informatic�n:�vill
be provided by means of letters, utility bill inserts, newsletter, website, press releases andJor media,
as methods to be used to provide information to the public about the Plan.
Section IV: Coordioation with Regiona! Water Ptanning Groups
The service area of the City of Friendswood is located within the Houston Region(I� and the City
of Friendswood has provided a copy of this Plan to the Houston Region(I-�.
Section V: Authorization
The City Manager,or his/her designee is hereby authorized and directed to implement the applicable
provisions of this Plan upon his/her deterinination 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 described in this
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Plan.
Section VI: Application
The provisions of this Plan shall apply to all persons,customers,and properiy utilizing water provided
by the City of Friendswood. The terms "person" and "customer" as used in the Plan include
individu•;Is, corporations, part�ierships, associations, and all other legal entities.
Section VII: Definitioas
For the purposes of tl�is Plan, the following definitions shall apply:
Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting
pools, and water gardens.
Commercial and institutional water use: water use which 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: 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 recyclir;g
and reuse of water so that a supply is conserved and made availa.ble for future or alternative uses.
Customer: any person, company, or organization using water supplied by City of Friendswood.
Domestic water use: 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 number addresses: street addresses, box numbers, or rural postal route numbers ending in 0,
2, 4, 6, or eight and locations without addresses.
Odd numbered addresses: street addresses,box numbers,or rural postal route numbers ending in 1,
3, 5, 7, or nine.
Landscape irrigation use: water used for the irrigation and naintenance of landscaped azeas,whether
publicly or privately owned,including residential and commercial lawns,gardens,golfcourses,parks,
and rights-of-way and medians.
Nonessential water use: water uses that aze not essential nor required for the protection of the public,
health, safety, and welfare, including:
(a)irrigation of landscape azeas, including parks, athletic fields, and golf courses,except as
otherwise provided 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 sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard-surfaced areas;
(d) use of water to wash down buildings or structures for purposes other than immediate fire
pmtection;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 pools or jacuzzi-type
pools;
(fl use of water in a fountain or pond for aesthetic or scenic purposes except where necessary
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to Suppc�xl.c�c�uati�: life;
(�j fmilure to repaa a controllable�lc(s)r�thin a reasonable periad after ha,ving been given
natice d�ct�g the repair of such lr,ak(s)?an�i
(h) use of water from hydr�n#s for coz�stnlctio�n piur�x�ses or an�other pwpc,ses other than
finre£igl�ti�ug.
Sectian V�II: Triggeria�Criteria fur Initi�ttiva st�ud Termin:ttia�a p�D�ou�ht Response Sta�es
The City Manager, or his/her designee, sl�xxaox�utox watex su��ly and/ar dcrnand conditions on a
da�y ba.sis a�d shal�deter�mine when condition.�warrant initiatinn or termination of each stage ofthe
PL�n and shall implement the necessary action. public notif cation of the ia�it�ation or terminatian of
drought responsc stagcs shall be by any of the means as descn�bed 'm Section III.
(a) �tage 1 -N�kld Watcr Shortagc Conditiona
Requireme,nts for initiaxion- Customers shall be requested to voluntar�y conser�e water aad adhere
to the prest,.-n-beci re.�ictic�ns on c;trtam v++�aler u�s as de�nesl in�e<:lion YII—De�initiu�,wk�t~�a onC
or a�ombioaation of the�ollowing cr'rte.ria occurs:
Condition 1: When tot�l daily water demsnd e�uals or exceeds 65 percent of the
cucreat���ihtble sy�tem aperating eapacity for three cansecutive days.
Candition 2: When total daily water demand equals Qr�xc�eds$1 �er c�ut uf the
cnrrent a�ai[able syatem operatiag capacity on a single day.
l:iet�uirements�or tenmintition-St�e 1 of the Plan may be resemc�d when sll di the conditians listed
as tri�era�events have c;easec�to exist for�periud of s�ven wnsecutive days.
$ta�e 1 Mild Water Shorte�e Canditiana Response
Goa1: Achieve a voluntary 24 percent redu�tion ui tatal w�tes use and/ar daily wat�r
dent�nd.
Supp�y�a»agcmcnt Mc.as�nres:
Measures to be i�np�e�uteuted directly by the City of Friendb-wnod to manage limitcd
water eQpplics and/or rcdncc watcr dcmaud.
• recluc�ur disc;outiuued �lu�b�iug �f wr�ter aruins
'Voluntary 'Waler U�Rr.slricliUns:
(a) Water custonaers are requested t4 vohuYtan7y lunit the irrigation of laxtdscaped areas
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to even number.ed days of t}�e month far customers with a street Address cr�ding in an
ev�n number (4, 2, 4, 6 ar 8}, and odd numb�red days af the manth for ara#er
eustamers with a str�et address ending in�� odd�uunbez�(l, 3, 5, 7 or 9), and to
irrigaie landscapes o�zly between the hanrs o�mi�night and 10:00 a.rrL and 5���p.m
to midnight c�xt d�si�ted vv�tering days.
{b) all operations o�'the City of Friendswood shall adhere to water use restri.ctiorls
presc�ibexl.in(a� except the a�edians irrig�t.ion s�ll b�ev�ry¢ther daY-
(c) water custom�ers are requested to pr�ctice vvater conservatfon and to �nim;�E or
dzscontinue w�,t�r u�e for nonessentia] ptu�wses (Sectian�lIi De�fmitic,r�s).
(b) Stage� � Se�ere Wute�Shortagc Condttions
Req,uir�m�euts for initiatiQn - Custotners sha.0 Ue required to comply with the requarements and
restrictions on c�ztam nonesscntial watez uses for�tage 2 of this Pl�in whcn oz�ur a wmbinatian af
tl�c fiv�owing c.�ri�eria occurs:
Candfion 1: When total daily water dem�nd �ualx ar exuxx}x 84 percent af
the available system operating eapaeity for tb�cc eonsecutiv�
days.
Conditinu Z: Whe� total daily water�emaad equa}s or exceeds 90 percent of
the carrcnt available systcm uperating eapseity or� �sir�gle�ay.
uirements for termmQt�ion-St�e 2 of the Plan may be rescmded when all of the wn�iiti�on5]ist�d
as hi�gering evenis have ceased ta exist fnr��r.iod o!' s�ven consecutive days. Upan terminahon
of Stage Z, Stage 1 shall becoxne operative.
St�ge 2 Severe Water Shortsge C:ond�tians ltespo�se
Gv�: Achieve a 1 S p�rc�nt reductio.n iva iatal water use and/or da.ily water de�nd. and
activate Sta�e l.
��PP�3'M��em�zl M�easures:
• redueed or di�coatiaued flnshing c�f wate�rn�i��,
• reduced or dascantinued irrigation of pabl�c I�ndacaped areas;
Water usz R�stricti�n5: Under threat of petialty for violation, the fallowing watex use
restri,ctians shall apply to all persons:
(a) Frrigation oflandscaped areas with hnse-end sprinkl,ers vr automatic irrigation systems
sha[l be limited ta even numbered days,with no w�.tcring on Sundays for any reason,
far customers with a stre�t address en,din,b ir�an even number(U, 2, 4, 6 or $), and
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odd numbered dAys of the month, with no watering on Sundays for any reasoq for
wat�r cust�r�rs with a stre�l adti�ss ending in a�u odd�umber(1.3, 5, 7 or 9},and
irrigation o�landscaped areas is furt�r timited to the hQUrs af 12:00 micinight umtil
10:00 a.m.and between 8_0(}p.m.and 12:00 mLdni�ht on desi�nated watecm�dttys.
However, irxigatinn of tancLsca}�ed areas is permitted at aaytmie if it is by mr� of
a faucet filied bucket or watering can of iive (5) �;allons or less, or drip irrigatinn
system.
(b) Use of water to wash any motor vchicle, motorb�e, boat, trfziler, airplane oz other
vehu:le is ptr�,bu°l�.ited except an designated watering days betwe�n th�hours�f I2:UQ
midnight and 1d:00 a.m. and between$:40 p.m. and 1Z:Q0 midnight. Such was,hing,
when al�o'wed, shall bc done with A hand-held bucke�t or a haud-h�Id ho se equipped
with a positiv� shutaff nozzle. Vehicle w•ashin� mzty be dvn� aL any tim� on tbe
immediate premises ofa comm�erci�l car w�.sh or cornmercial service station. Further,
such washing may be exemptecl&om the�e regulatiuns if the hta.ltk�,safet�',and wclf�rc
of the pub�c are contingent upon.frequent�nehicle cleansmg, �h a.s gart��ge tru.cks
and vehicles used to transport food and peri�ha.bles.
(c) U�se of wAter ta fill,re£�., or add to any indoor or outdoor swimming �ools, wading
pools,ar jar.uzz.i type}�csoL�is prohibit�i ex.�pt o�desip,�aated waiering days bctwccn
the hours of 12:UU midni�t and 1 d:()(.)am,and between$p.m. and 12:()()midnight.
(d} pper�ti��n of. any ornament�l fauntain or pond fnr a�sthetic ar scenic purposes is
prohi�ited excep#where necessa�y to support aquatic life ar where such tountains or
pc>nds arr:equipPcd witli a rccirculat��systenL
(E) Usc ofwatcr from hydrants sl�ll be lirnited to fire fighting,reltzted activities, or other
acrivities necessary to maintain public health, safety,�d wel�are, except that u�of
water frox�n.desigz�ated fire hydrants for construetion purpases�ty l�allowed tinder
a special perniit from t�e City of Frienclswood.
(fl Use of waxer for tt�irrigation of�olf caurse�reens,tees, tind f�uways is prohibited
exeept on desi�ated wxtering days belwe�n the hc��12:�0�cinight tmci 10:00 a.m
an�d hetween$p.m. and 12:(�} midnight. .H..owever, if the golf course utilires a water
sowc�ot�r t3�an the patable water prov,ided by tha City of Frieadswood,the�aciai�ty
shall not b�e suhject ta these regulation� The u,ce c�f graq water, recycled �r non-
potsble water is permissble.
(g) The follor�vm�u.5es of water are defined as nonessential and are grohibited cxcept as
otherwise�rovidesd under this paazx:
1) washing down of any sidewalks, wallcways, driveways, parl�ng lots, tennis
courts. or other]�ard-sw�faced AceAs
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Z) v�rashing down buildings or stnictures for purpose.�other thdn i��ned��te �e
grot�ectic�n
3) use of water for dust co�al
4) flushitxg of gutters or permittxng waxer to ran or acclunulate in any gutter ox
stree�
�) f�ure to rcpair�contrallabl�e lealr.{s)within�re.aS�nable pf.-riod after hftviug
�given na�ice cli�c.�ting tho repaiz af such le�lc(s)
� arigstion of Ian,dscape azeas,inc�udi�ng parks,attiletic fields,and goI�courses,
ex,e;,t.pt otherwise�rovided tmder this Plan
�) wa..shing any m�ator vehicle,miotorbike,boat,tral�er,�Pl�e or other vehicle
g} fil�or zefilling ar add'uag tn any indaor ur autdflor s�viizxnll�poo1,wading
�81 ar jac;cu'zi-type pool
g) filling or refilling ar addivag ta any faunituu or pond for aesthetic or soenic
purposes axcept wh�ere necessary to suppnrt aquatic�life
IUj use ofw�aler fit�m hydr�ls for construction purposes or any otber purPc�ses
othcr than f re fightu�
(c) Stage 3 - Emergency Wat�r g�ortage Conditians
lte u�ements for initia ' n - Cu,stomers shall be required to camply with the recl��ren��S and
restirictxons for Stage 3 of this Plan when tbe City Msmager, or his/her iiesigAee, determin�s t�t a
water s�eP�3xY eTnergency exists Uased on:
1. Majar water line breaksy or pump or xystem failnres cyc�ur,which c:aus�
anprecedeuted lc�s af capdbility to provide water scrwiee; or
2. N�tnraf or man-made cantamination af the water supply sonrce{�).
3. V'Vhen tota.l daily water c�emaAd �uals nr egceeds 9X per e�nt and/or the syatcm
pre�su�'e faiLc below 25 psi.
Re uirements tor texmination — St�ge 3 of the P]az� may be rescmded whcn all of the conditions
listed as tri�,gering e�v�ents ha.ye ceascd to e�ist.
Stage 3 Emer�e�cy Water Shartage Conditior�s R�,apaose
Goal: Achieve a mu�imum o#�35 pet'cent reducii0n in total water u�. andlvr da�y water
demand.
Supply Iv��nagemern MeASUres:
• reduced or discc�ntinued flushin�u�w�ater mains,
b
• reduced or discontinucd irrig�tioe of public landsraiped areaR;
Water usc Rcstrictions: AJI mquiremerns of Stage 1 and 2 shall rernain in effe�t duriz�g St�ge
3 �xC�pt'
(a} irr�atian of lAZbdscaped areas is absohttely pmhi�bitecL
(b) usc ofwAter to wash any motor vehicle, rnatoxbike, lx�at, tra�er, airplan� vr othcr
vehicle i��lutely prolubited.
(c) use of water to wash down of�uay sidewallts, waIkways, driveways, �?arkin� ]ots,
te��;aurts,or any ather harci-s�f�ac�d a�'eas is absalute�y prohi�bited.
(d) IluShi�g of gutters or permitting wate�r to run or accumulate m any gutter or street is
abscslutely prolubited..
(e) w�hi�ag d�v�m buildings �r stnwlur�s fur purposes other than immediate firc
protecti�n is absalute�y prohibited.
Section TX: Enforcement
(a) Nc�person shall l�owingly ur �t�ntionally tillow thc use of potable waicr i'rom the City oF
Frieudswood for reside.ntial,cxmm�er�cial,mdustridl,�grit�altur�l,governmental,ar any nther
purpose in a ixku�er cantrary tv any provision ofthis Plan,or in an amount in excess of that
germitted by the drought res�n�stage in effect at the l�e pwrsuant to action t�.tc�n by the
City M?n�;cr, or hislh�er desi�,rnee, in accordance with provisions of this Plan.
(b) First time oi�enders s�hall he is.sued a written warnu�;. Any ��rsorf w'hn knowingly�r
intention�y violates tt�is P1an after thcy htive received one written wamin�; is gwlty of a.
m�sd�m,eanor a�a,d, upc�ri ccynvictian sha11 be pimished by a �'u�e of�,ot less th�n on�e dollar
($1.U0)�nd npt rnore than two hundred dollars($2U(.?.(�). Each day that one or muure of the
pr�visi�n5 m lba5 Plan is violated s�ll canstitute a separatc of�cnse; second Xf a person is
convi,�ted of three or mare distincl vi�o�ti��s of xhis Pla� the Crty Mdnag�r, or l�is�hcr
dosi�, s1�all, upon dt�c n�otice to the customer,be authorized to discontinue wa#er service
t4 the grt�rri�s'wl�e.re s�ch vicylatians occur. St,�rvic:es c�iscontinued under sueh circwnstances
shall be restaxed onlyupon paymern ofa re-coru�e�tic►n charge,hereby establish�eci�l�4U.00,
and any other wsis inctured by the City o£F'riendswood in discontinuing service. In�ddition,
suitable �surance must be given t4 th� City Ma.aager, or his/her designee, thal lhe xazrie
action s1zaIl z�ot bc r�pcated while the Plan is in e�ect. Cana�piiance with tbis plan may alsa
be snught thraugh injunctive reliCf in�the district court.
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