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HomeMy WebLinkAboutO-1802-2-00ORDINANCENO. iam_9_nn AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ALLEN BY AMENDING CHAPTER 14 TO ADD SECTION 14-15 TO PROVIDE FOR AN EMERGENCY WATER MANAGEMENT PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen is undertaking planning efforts to meet the demands of its water customers for the present and future; and WHEREAS, the City of Allen has determined the need for an emergency water management plan; and WHEREAS, the City Council recognizes the need to minimize the effects of a water shortage to customers of the City of Allen; and WHEREAS, the City Council understands that potable water is necessary for the public health, safety and welfare of residents; and WHEREAS, the City Council understands that potable water must be available for emergency services provided by the fire and police departments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended by amending Chapter 14 Utilities, in part to add Section 14-15, Emergency Water Management Plan to read as follows: "CHAPTER 14 Sec. 14-15. Emergency Water Management Plan. (1) Purpose. The purpose and scope of this plan is to establish the City of Allen, Texas policies and procedures in the event of a water shortage to the customers of the City. The plan entails both voluntary and mandatory outdoor water usage to address short and long-term emergencies. The plan has four stages. The first stage is voluntary conservation measures, and the remaining three stages impose mandatory progressive restrictions on outdoor water usage, with each stage normally not initiated until the prior stage has been activated and restrictions implemented. This plan applies to all metered water users ' utilizing the City of Allen, Texas public water supply. Based on existing or projected conditions, the City Manager may impose alternative provisions within each stage which may be more or less restricted than herein. (2) Definitions. Water shortage means a condition in which the existing or projected water supply or delivery available to City customers is not anticipated to meet, or cannot meet, the ordinary water requirements of these customers. City Manager means the City Manager of the City of Allen, Texas or designee. Director of Community Services means the Director of Community Services of the City of Allen, Texas, or designee. (3) implementation of the plan. (a) Each May an open meeting will be held to discuss the current Drought Contingency Plan and Water Conservation. Each May a summary of the Drought Contingency Plan and additional water conservation tips will be mailed to each resident, published in the local newspaper, on the city's web side and on the city's information television channel. (b) The Director of Community Services shall advise the City Manager of determinations that the conditions of a water shortage exist. The City Manager shall then order the appropriate stage of emergency response be implemented. (c) In the event of a City-wide emergency the order shall be made by public announcement and published in a newspaper of general circulation in the City within twenty-four (24) hours of implementation. The order shall become effective immediately after public announcement. In the event of a geographical emergency, door-to-door notification shall be made by door hanger and/or in person, at which time the City Manager authorized stage of emergency response shall become immediately effective. (d) Once an emergency has been declared, the City Manager may utilize supplemental public notifications including notices posted at the City Hall, Civic Center, libraries, fire stations, post offices, major super -markets, schools, major corporate centers, Chamber of Commerce, direct mail, television, radio, internet, and other news media to notify the public. (e) Once an emergency has been declared, all initiated actions remain in effect until the condition(s) which triggered activation of such actions have been alleviated or until the Director of Community Services has notified the City Manager that conditions exist which allow termination of the initiated actions. The public will be informed of the termination of the emergency in the same manner the public was informed of its initiation. (f) The governmental use of water determined to be necessary for public health, safety and welfare, or for essential services such as fire, police and emergency services are exempt from any restrictions or mandates herein. (4) Emergency Water Management Plan. Ordiname No. 1802-2-00 Page2 (a) Water Watch - Voluntary Compliance (1) Triggering Criteria Demands exceed eighty-five percent (85%) of pumping capacity or the City's inability to recover water storage approximately one hundred percent (100%) in all storage facilities within a twenty-four (24) hour period. (2) Actions Available (a) Annually, the Director of Community Services shall accelerate on- going public information efforts to educate and encourage voluntary reduced indoor and outdoor water usage, promote understanding of peak usage, promote understanding of peak water demand periods, and theie effect on water supply. (b) Odd/Even watering system: (1) addresses ending in odd numbers will water on odd calendar days. (2) addresses ending in even numbers will water on even calendar days. (b) Water Warning - Mandatory Compliance (1) Triggering Criteria Demands exceed ninety percent (90%) of pumping capacity or the City's inability to recover water storage approximately ninety percent (90%) in all storage facilities within a twenty-four (24) hour period. (2) Actions Available (a) Level 1 - Mandatory odd/even watering (b) Level 2 - Mandatory odd/even watering with watering prohibited from 5a.m. to 9a.m. and 4p.m. to 7p.m. Washing can, boats, and other outdoor water uses must be done on watering days. (c) Level 3 - Mandatory odd/even watering with watering prohibited from 5a.m. to 9a.m. and 4p.m. to 7p.m. Odd/even watering will be permitted on Monday, Tuesday, Thursday and Friday. No watering will be permitted on Wednesday, Saturday, or Sunday. (3) Water Usage During Water Warning Water usage during Water Wanting shall be subject to the following: (a) Newly constructed swimming pools, jacumis, and spas may be filled once. Ordinance No. 1802-2-00 Page 3 (b) Refilling after draining private swimming pools, jacuzzis, or spas is prohibited (c) Excessive water run off from any landscaped area onto streets, alleys, and parking lots is prohibited. (d) The washing or hosing of buildings, sidewalks, driveways, patios, porches, parking areas or other paved surfaces is prohibited. (e) The washing or rinsing of owner's vehicles, boats, trailers, other mobile vehicles and equipment on owner's premises must follow the allowed landscape water days schedule. A hand-held hose equipped with a positive shut-off nozzle, and/or hand-held bucket shall be used. (4) Exemptions The following water usage is exempt from Water Warning restrictions: (a) Drip irrigation systems and soaker hoses (b) The watering of newly installed landscaping until the roots are established. Once established, the allowed landscape water days schedule must be followed. (c) Commercial full-service or self service car wash facilities, including those at service stations and automobile dealership facilities. (d) Commercial landscape nurseries. Voluntary cutbacks and/or rescheduling will be requested through personal contact by the Director of Community Services. (e) Golf course landscape watering. Voluntary cutback and/or rescheduling will be requested though personal contact by the Director of Community Services. (f) Entities utilizing wastewater effluent or raw sewage. (c) Water Emergency (1) Triggering Criteria Demands exceed ninety-five percent (95%) of pumping capacity or the City's inability to recover water storage approximately seventy-five percent (75%) in all storage facilities within a twenty-four (24) hour period. (2) Actions Available (a) Level 1 - Continue mandatory water use restrictions limiting all landscape and other outdoor water usage at each service address to Ordinance No. 1602-2-00 Page once every seven days, based on the last digit of the metered service physical street address. Last Digit of Address Allowed Landscape Water Days 1 13', 116, 21" 2 2vtl, 126, 22n° 3 30, 136, 23r° 4 46 146 246 5 56, 156, 256 6 66, 166, 266 7 76, 176, 276 8 86, 186, 286 9 96, 196, 296 0 106, 206, 306 Apartments, office building complexes or other property containing multiple addresses will be identified by the lowest physical street address number. If there is no street address number, a number will be assigned by the Director of Community Services. (b) Level 2 - Continue mandatory watering and lawn watering prohibited 5a.m. - 9a.m. and 4p.m. - 7p.m. (3) Water Usage During water Emergency Water usage during Water Emergency shall be subject to the following: (a) Existing swimming pools, jacuzzis and spas may be replenished with a hand-held hose to maintain operational levels only. (b) The issuance of permits for the construction of new swimming pools, jacuzzis, or spas is prohibited. However, those previously permitted or under construction at the time Water Emergency restrictions are initiated may complete construction and be filled one time only. (c) The washing or rinsing of owner's' vehicles, boats, trailers, other mobile vehicles and equipment on owner's premises must follow the allowed landscape water days schedule. A hand- held hose equipped with a positive shut-off nozzle, and/or hand-held bucket shall be used. (d) Commercial landscape nurseries are not exempt from Water Emergency restrictions and shall limit water usage. The Director of Community Services shall contact such customers to establish an acceptable watering schedule which may include hourly or daily restrictions. Otdinaace No. 1802-2-00 Pages (e) The use of metered water for golf course outdoor and/or landscape usage is not exempt from Water Emergency restriction and watering shall be limited. The Director of Community Services shall contact such customers to establish an acceptable watering schedule, which may include hourly or daily restrictions. (i) The new construction water lime flushing and routine fire hydrant flushing is prohibited without specific approval from the Director of Community Services (4) Exemptions The following water usage is exempt form Water Emergency restrictions: (a) Drip irritation systems and soaker hoses except hourly limitations may apply. (b) That watering of newly installed landscaping until the roots are established. Once establish, the allowed landscape water days schedule must be followed. (c) Commercial full-service or self-service car wash facilities, including those at service stations and automobile dealership facilities, except hourly restrictions my apply. (d) Entities utilizing waste water effluent of raw sewage. (d) Water Crisis (1) Triggering Criteria (a) Demands exceed one hundred percent (100%) of pumping capacity or the City's inability to recover water storage approximately fifty percent (50%) in all storage facilities within a twenty-four (24) hour period. Catastrophically decreasing reservoir levels and/or delivery capabilities with inability to recover water storage to provide services necessary for public health, safety and welfare. Other emergency criteria triggering action includes, but is not limited to: (1) Natural Disasters (tornadoes, floods, brush fires, hurricanes, high winds.) (2) Water System Failures (pressure zone deficiencies, chemical spills, broken water mains, electrical failure, failure of storage tanks or other equipment, pump station breakdown, water contamination.) Ordhrance No. 1802-2-00 Page (3) Supply Failure from the North Texas Municipal Water District or initiation of any stage in the North Texas Municipal Water District Drought Contingency Plan. (2) Actions Available; Water Usage During Water Crisis (a) All outdoor and/or landscaping water usage shall be prohibited until the emergency is alleviated. (b) The use of water form municipal purposes shall be limited only to those activities necessary to maintain the public health, safety and welfare. (c) The use of water from fire hydrants is prohibited except for fire fighting and related activities. (d) The Director of Community Services shall initiate studies to continue evaluation of alternatives should conditions worsen and implement recommendations. (e) Continue public information efforts regarding water supply conditions and conservation efforts (5) Variance Request ' A written Variance Request shall be submitted to the City Manager's office for variances or exemptions not list above. The Variance Request should include the address of the requestor, the address of the requested variance, the type and purpose of the water usage, and an estimation of consumption. If a variance is granted, the variance will be valid for a period of 60 days from the date of issuance and will only be valid for that specific stage and shall terminate if another more restrictive stage is implemented. No extensions will be granted to variances. If the variance expires, or another more restrictive stage is implemented, a new Variance Request will be required. (6) Coordination Any modifications or changes to this ordinance will be forwarded to the Chairman of the Regional Water Planning Group, Region C, for review. In addition, the Chairman of the Regional Water Planning Group, Region C, will be notified if any stage of this drought contingency plan is implemented." SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. ' SECTION 3. That all ordinances or resolutions of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all OrdhraaceNo. 1802-2-00 Pagel other provisions of said ordinances or resolutions not in conflict with the provisions of this ordinance shall remain in full force and effect. ' SECTION 4. That any person, firm or corporation that violates any of the provisions or terms of this ordinance shall be subject to penalty and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000). SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the Code of Ordinances of the City of Allen, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. This ordinance shall take effect immediately from and after its passage in accordance with its provisions of the Charter of the City of Allen, and its is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE r DAY OF FEBRUARY, 2000. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: G. Smith, CITY ATTORNEY My Mo n, CMC/AAE, CITY SECRETARY Ordinance No. 1802-2-00 Page 8 OCPV- �ovAdt IOFTIC C ✓ Robert J. Huston, Chairman 0-11 nSE OFTR. B. "Ralph" Marquez, Commissioner `°�'John M. Baker, Commissioner 1) R' p ya FILE Jeffrey.. Saints, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preuenting Pollution March 1, 2000 THE HONORABLE STEVE TERRELL MAYOR OF THE CITY OF ALLEN ONE BUTLER CIRCLE ALLEN TX 75013-2773 Re: Administrative Review City of Allen - February 3, 2000 Drought Contingency Plan Dear Mayen Terrell: The Texas Natural Resource Conservation Commission has completed its review of the above referenced droughtcontingency plan. Theplan, mquiredby TNRCC rules in Title 30 Texas Administrative Code (TAC) Chapter 288, was received on February 15, 2000. Title 30 TAC Chapter 288.30(3)(A) states: For community water systems providing water service to 3,300 or more connections, the drought contingency plan shall be submitted to the executive director not later than September 1, 1999. The submitted plan meets the minimum requirements for use by a retail water supplier as defined in the TNRCC Rules, Title 30 TAC Code Chapter 288, and the plan is declared administratively complete. Please be advised that in accordance with Title 30 TAC Chapter 288, the drought contingency plan shall be reviewed andupdated atleastevery five (5)yess. Additionally, any future revised drought contingency plan shall be submitted to "INRCC within 90 days of adoption. Should you have any questions, the Water Conservation and Drought Management Team can be reached at (512)239-4730. Sincerely, �.v� Bill Billingsley, Pro Admim'stxator Water Conservation and Drought Management Team Water Permits and Resource Management Division BB/ss Mail Code 160 P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: w .tnrcc.state.tx.us .omen on 11 ,W 1aM, mme-1—d ml