O-2015-2383 - 4/23/2015 1 ORDINANCE NO. 0-2015-2383
2 AN ORDINANCE AMENDING CHAPTER 44, ARTICLE VIII, CODE OF
3 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS,
4 REGARDING DROUGHT CONTINGENCY AND PEAK DAY WATER
5 USE MANAGEMENT; AND PROVIDING FOR A SAVINGS CLAUSE
6 AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
8 TEXAS:
9 I.
10 That Chapter 44, Article VIII, Drought Contingency and Peak Day Water Use
11 Management, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby
12 replaced in its entirety and shall read as follows:
13 ARTICLE VIII. DROUGHT CONTINGENCY AND PEAK DAY WATER USE MANAGEMENT U
14 Sec. 44-221. Declaration of policy.
15 It is declared that, because safe and high-quality drinking water is a precious resource, the general
16 welfare requires that the water resources available to the city be put to the maximum beneficial use, and
17 that the waste or unreasonable use of water be prevented, and the conservation of water is to be
18 encouraged with a view to its reasonable and beneficial use in the interests of the people of the city and
19 for the public health, safety and welfare. The city council has determined that an aggressive water
20 conservation and drought contingency program will protect the integrity of water supply facilities, prolong
21 the life of existing water sources, and minimize the impacts of water supply shortages, and therefore
22 adopts the following regulations and restrictions on the delivery and consumption of water. Water uses
23 regulated or prohibited under this plan are considered to be nonessential and continuation of such uses
24 during time of water shortage or other emergency water supply conditions are deemed to constitute a
25 waste of water which may subject the offender to penalties.
26 Sec. 44-222. Definitions.
27 For the purpose of this article, the definitions set forth in section 44-5 shall apply, unless the context
28 clearly indicates or requires a different meaning.
29 Sec. 44-223. Implementation.
30 The city manager is hereby authorized and directed to implement the applicable conservation stages
31 upon his determination that the implementation is necessary to protect the public health, safety and
32 welfare. The city manager shall have the authority to initiate or terminate drought or other water supply
33 emergency response measures as described in this article.
0112.1504;00332038
1 Sec. 44-224. Application.
2 The provisions of this article shall apply to all persons, customers, and owners of property who use
3 or allow the use of city water, wherever situated. The terms person and customer, as used in*this article,
4 include individuals, corporations, partnerships, associations and all other legal entities. The provisions of
5 this article do not apply to: (i) persons who use water from private wells; (ii) persons who use water from
6 the city's reuse water system; or (iii) persons who otherwise use water from a source other than the city's
7 water utility system.
8 Sec.44-225. Public education.
9 The city will periodically provide the public with information about water use, including information
10 about the conditions under which each stage of this article is to be initiated or terminated and the drought
11 response measures to be implemented in each stage. Drought and water conservation information will be
12 provided by public meeting, press releases, utility bill inserts, the city's website, and/or electronic media
13 notification.
14 Sec. 44-226.Wholesale providers.
15 The city contracts for raw water in Lake Georgetown and Lake Stillhouse Hollow from the Brazos
16 River Authority and Lake Travis from the Lower Colorado River Authority and the Brazos River Authority.
17 The city will comply with and implement any drought contingency requirements that may be set forth in
18 any contracts with these river authorities.
19 Sec. 44-227.Wholesale customers.
20 (a) All wholesale water contracts require compliance with the city's drought contingency and water
21 conservation programs. Each contract specifies that the water supplied to the wholesale customer
22 may be reasonably limited by the city on the same basis and to the same extent as the supply of
23 water to any other customers within the city.
24 (b) All wholesale contracts entered into, renewed or extended after the adoption of this plan will include
25 provisions for distributing water to the wholesale customer in accordance with V.T.C.A., Water Code
26 § 11.039.
27 Sec. 44-228.Voluntary water conservation during peak water use periods.
28 (a) The city has determined that the peak water use period begins on May 1 of each year and ends on
29 October 31 of each year. During this period of peak water use, the city seeks to encourage water
30 conservation by implementing water rates that increase as consumption increases. (See subsection
31 44-29(f) of this chapter.)
32 (b) During the peak water use period of May 1 to October 31 of each year, water customers will be
33 encouraged to voluntarily use water in compliance with all of the stage I regulations set forth in
34 section 44-233
35 (c) At the beginning of the peak water use period, the city will initiate actions and engage in educational
36 programs designed to increase customer awareness of water conservation and encourage the most
37 efficient use of water.
38 (d) Water customers are encouraged to voluntarily limit the use of water for nonessential purposes and
39 to practice water conservation. Voluntary observance of the stage 1 twice-per-week watering
40 schedule is requested.
2
I Sec.44-229. Stage I triggers.
2 (a) Stage I shall be implemented when any of the following triggers occur:
3 (1) Supply-based trigger for implementation of stage I is as follows:
4 a. Lake Georgetown Reservoir elevation is below 770 feet above mean sea level (msl) for
5 three consecutive days..; or
6 b. The combined storage of Lake Georgetown and Lake Stillhouse Hollow is less than
7 162,752 acre feet of water.
8 (2) Demand or capacity-based triggers for implementation of stage I are as follows:
9 a. Water treatment capacity has reached 85 percent for three consecutive days;
10 b. Total daily demand has reached 85 percent of the raw water pumping capacity for three
11 consecutive days;
12 c. Total daily demand is 85 percent of storage capacity for three consecutive days;
13 d. Total daily demand is 85 percent of the treated water pumping capacity for three
14 consecutive days; or
15 e. Production or distribution limitations including, but not limited to system outages or
16 equipment failure.
17 (3) Wholesale water suppliers' triggers:
18 a. Pursuant to requirements specified in the city's wholesale water supply contract(s),
19 notification is received from the city's wholesale water supplier(s) requesting
20 implementation of the stage I restrictions.
21 (4) Public health, safety and welfare triggers:
22 a. The city manager makes a written public announcement that he has reasonably
23 determined that one or more reasons exist to initiate stage I restrictions to protect the
24 health, safety and welfare of the citizens of the city.
25 b. The implementation of stage I by the city manager pursuant to subsection (4)a. above,
26 shall expire 15 days thereafter unless the city council adopts a resolution ratifying such
27 determination and implementation within such 15-day period.
28 (b) Stage I shall terminate when any of the following occurs:
29 (1) Stage I will terminate when the city manager makes a public announcement that all of the
30 conditions listed as triggering events have ceased to exist for a period of three consecutive
31 days; or
32 (2) When the city manager makes a public announcement that it is in the best interest of the city to
33 terminate stage 1.
34 Sec.44-230. Stage I twice-per-week watering schedule.
35 The stage I twice-per-week watering schedule is hereby established as follows:
Type of Property Watering Days Watering Times
I
Commercial Tuesday& Friday Midnight to 10:00 a.m.
a n d
Industrial/Multifamily Tuesday& Friday ( 7:00 p.m.to midnight
i
3
Residential (Addresses ending in odd numbers) Wednesday&Saturday
I
Residential (Addresses ending in even numbers) Thursday&Sunday
1 During stage I, all watering is discouraged on Monday
2 Sec. 44-231. Stage II triggers.
3 (a) Stage II shall be implemented when any of the following triggers occur:
4 (1) Supply-based trigger for implementation of stage II is as follows:
5 a. Lake Georgetown Reservoir elevation is below 765 feet above mean sea level (msl) for
6 three consecutive days-.Lor
7 b. The combined storage of Lake Georgetown and Lake Stillhouse Hollow is less than
8 105.001 acre feet of water.
9 (2) Demand or capacity-based triggers for implementation of stage II are as follows:
10 a. Water treatment capacity has reached 90 percent for three consecutive days;
11 b. Total daily demand has reached 90 percent of the raw water pumping capacity for three
12 consecutive days;
13 c. Total daily demand is 90 percent of storage capacity for three consecutive days;
14 d. Total daily demand is 90 percent of the treated water pumping capacity for three
15 consecutive days; or
16 e. Production or distribution limitations including, but not limited to system outages or
17 equipment failure.
18 (3) Wholesale water suppliers' triggers:
19 a. Pursuant to requirements specified in the city's wholesale water supply contract(s),
20 notification is received from the city's wholesale water supplier(s) requesting
21 implementation of the stage II restrictions.
22 (4) Public health, safety and welfare triggers:
23 a. The city manager makes a written public announcement that he has reasonably
24 determined that one or more reasons exist to initiate stage II restrictions to protect the
25 health, safety and welfare of the citizens of the city.
26 b. The implementation of stage II by the city manager pursuant to subsection (4)a. above
27 shall expire 15 days thereafter unless the city council adopts a resolution ratifying such
28 determination and implementation within such 15-day period.
29 (b) Stage II shall be terminated when any of the following occurs:
30 (1) Stage II will terminate when the city manager makes a public announcement that all of the
31 conditions listed as triggering events have ceased to exist for a period of three consecutive
32 days; or
33 (2) When the city manager makes a public announcement that it is in the best interest of the city to
34 terminate stage II.
4
I Sec.44-232. Stage II once-per-week watering schedule.
2 The stage II once-per-week watering schedule is hereby adopted and established as follows:
Type of Property Watering Days Watering Times
;Industrial Commercial/Public Schools Friday
Aph 1rtriaVMultifamily/Homeowner Association common €rid@VTuesda
!areas
Residential�4addresses ending in odd numbers}with SatuFday Midnight to 10:00
!automatic irrigation system Wednesday
! a.m.
-- — — --- and
Residential addresses ending in odd numbers without Saturday 7:00 p.m.to
lautomatic irrigation systern midnight
Residential_{Aaddresses ending in even numbers4 with Sunday
'automatic irrigation system Thursday
f
`Residential addresses ending in even numbers without Sunday
automatic irrigation system
3 During stage II, all watering is prohibited on Monday.
4 Sec. 44-233. Stage I and stage II water conservation regulations.
5 (a) When either stage I or stage II mandatory water conservation regulations are implemented, the
6 following restrictions and prohibitions shall be in effect:
7 (1) Outdoor irrigation. All outdoor irrigation by automatic irrigation systems, hose end sprinklers,
8 soaker hoses, or drip irrigation is prohibited unless it occurs in compliance with the applicable
9 stage I or stage II watering schedule. Irrigation by hand-held hoses or hand-held buckets is
10 permitted anytime. The outdoor watering day and time restrictions do not apply to outdoor
11 irrigation by commercial plant nurseries.
12 (2) Vehicle washing. The washing, including charity car washes, of automobiles, trucks, trailers,
13 boats, airplanes, or other type of mobile equipment is prohibited except in compliance with the
14 applicable stage I or stage II watering schedule. The washing, when allowed, must be done with
15 a hand-held bucket or a hand-held hose.
16 The vehicle washing prohibition does not apply to the following:
17 a. The washing of vehicles or mobile equipment when conducted on the immediate premises
18 of a commercial carwash or a commercial service station; or
19 b. The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile
20 equipment (such as garbage trucks and vehicles used to transport food and perishables)
21 when the washing is necessary on a more regular and frequent basis in order to protect the
22 health, safety and welfare of the public.
5
1 (3) Power washing. The day and time regulations of outdoor watering do not apply to commercial
2 companies in the business of power washing.
3 (4) Foundation watering. The watering of the ground around foundations is prohibited except in
4 compliance with the applicable stage I or stage II watering schedule.
5 (5) Pools. If either stage I or stage 11 is implemented, the initial filling and the refilling or adding of
6 water to nongovernment owned swimming pools, hot tubs, wading pools, or ponds is prohibited
7 except in compliance with the applicable stage I or stage II watering schedule.
8 (6) Fountains and Similar Water Features.
9 a. During Stages I and 11, Tthe operation of ornamental fountains or other similar structures
10 that do not recirculate the water is prohibited.
11 b. During Stage I, Tthe operation of ornamental fountains or other similar structures that-fie
12 recirculate water is permitted.
13 c. During Stage II the operation of ornamental fountains or other similar structures that
14 recirculate water is prohibited-except-befweeR the-he rs ef--T70 .
15 between . -a-nd-19:-08 p .
16 (7) Golf courses. The use of water for irrigation of golf fairways is prohibited except in compliance
17 with the applicable stage I or stage II watering schedule. The irrigation of golf course greens
18 and tees is allowed on an every-other-day schedule if a plan therefor is approved in writing by
19 the director.
20 (8) Fire hydrants. The use of water from fire hydrants is prohibited except for firefighting-related
21 activities or other activities necessary to maintain the health, safety and welfare of the citizens
22 of the city. Routine flushing of fire hydrants for other than health and safety reasons is
23 prohibited.
24 (9) Street washing. Street washing is prohibited.
25 (10) New landscaping. Because of the watering restrictions imposed by this section, landowners are
26 encouraged to postpone the installation of new landscaping until after all mandatory restrictions
27 are lifted. In lieu of installing the required landscaping during mandatory restrictions, owners of
28 new construction may apply for a temporary certificate of occupancy in accordance with
29 subsection 10-56(d) of this Code.
30 (b) The stage I and stage II regulations do not apply to the following:
31 (1) The necessary use of water, other than for landscape irrigation, by a governmental entity in
32 pursuit of its governmental functions for the benefit of the public, such as for capital
33 improvement construction projects.
34 (2) The necessary use of water, other than for landscape irrigation, for land development (such as
35 roadway base preparation, flushing of utility lines, dust control, concrete and asphalt work) and
36 for building construction processes.
37 (3) The necessary use of water for repair of water distribution facilities, residential and commercial
38 plumbing and landscape irrigation systems.
39 (4) The necessary use of water for athletic fields for organized youth, amateur, or professional
40 sports such as football, soccer or baseball where the field is in use or will be in use within 60
41 days of the institution of stage I or II restrictions.
42 (c) Stage I and stage II regulations are intended to achieve the following target reductions in water
43 consumption:
44 (1) Stage I regulations are intended to achieve a 15 percent reduction in daily water consumption.
45 (2) Stage II regulations are intended to achieve a 25 percent reduction in daily water consumption.
6
I Sec. 44-234. Stage III triggers.
2 (a) Stage III shall be implemented when any of the following triggers occur:
3 (1) Supply-based trigger for implementation of stage III is as follows:
4 a. The combined storage of Lake Georgetown and Lake Stillhouse Hollow is less than 52.501
5 acre feet of water.
6 (42) Demand or capacity-based triggers for implementation of stage III are as follows:
7 a. Water treatment capacity has reached 95 percent for three consecutive days;
8 b. Total daily demand has reached 95 percent pumping capacity for three consecutive days;
9 c. Total daily demand is 95 percent of the storage capacity for three consecutive days; or
10 d. Significant production or distribution limitations including, but not limited to system outages
11 and equipment failure.
12 (23) Wholesale water suppliers' triggers:
13 a. Pursuant to requirements specified in the city's wholesale water supply contract(s),
14 notification is received from the city's wholesale water supplier(s) requesting
15 implementation of the stage III restrictions.
16 (34) Public health, safety and welfare triggers:
17 a. The city manager makes a written public announcement that he has reasonably
18 determined that one or more reasons exist to initiate stage III restrictions to protect the
19 health, safety and welfare of the citizens of the city.
20 b. The implementation of stage III by the city manager pursuant to subsection (a)(1) above
21 shall expire 15 days thereafter unless the city council adopts a resolution ratifying such
22 determination and implementation within such 15-day period.
23 (45) Triggers for termination of stage III restrictions:
24 a. Stage III may terminate when the city manager makes a public announcement that all of
25 the conditions listed as triggering events have ceased to exist for a period of three
26 consecutive days; or
27 b. When the city manager makes a public announcement that it is in the best interest of the
28 city to terminate stage III.
29 Sec. 44-235. Stage III water conservation regulations.
30 (a) When stage III mandatory water conservation regulations are implemented, the following restrictions
31 and prohibitions shall be in effect:
32 (1) Outdoor irrigation. Except as provided below, all outdoor irrigation of vegetation is prohibited.
33 Irrigation by hand-held hoses or hand-held water cans is permitted in compliance with the stage
34 II once-per-week watering schedule found in section 44-232. Commercial plant nurseries are
35 permitted to irrigate by hand-held hoses or hand-held water cans in compliance with the stage 1
36 twice-per-week watering schedule.
37 (2) Vehicle washing. The washing of automobiles, trucks, trailers, boats, airplanes, and other types
38 of mobile equipment is prohibited, unless occurring on the immediate premises of a commercial
39 carwash or a commercial service station and between the hours of 8:00 a.m. and 5:00 p.m.
40 (3) Power washing. Power washing is prohibited.
7
1 (4) Foundation watering. The watering of the ground around foundations is prohibited except by
2 hand-held hoses or soaker hoses and in compliance with the stage II once-per-week watering
3 schedule found in section 44-232
4 (5) Pools. Except as provided below, the refilling or adding of water to nongovernment owned
5 swimming pools, hot tubs, wading pools, or ponds is prohibited. For new and existing swimming
6 pools hot tubs wading pools, and ponds, the initial filling of said new water features and the
7 refilling or adding of water in existing water features in accordance with the Stage 11 schedule is
8 permitted if necessary to prevent damage to the pool or equipment.
9 (6) Fountains and Similar Water Features. The operation of ornamental fountains or other similar
10 structures is prohibited.
11 (7) Golf courses. The use of water for irrigation of golf courses is prohibited.
12 (8) Fire hydrants. The use of water from fire hydrants is prohibited except for firefighting-related
13 activities or other activities necessary to maintain the health, safety and welfare of the citizens
14 of the city. Routine flushing of fire hydrants for other than health and safety reasons is
15 prohibited. Provided however, when approved in writing by the director, a business may use
16 water from a fire hydrant for land development and building construction processes.
17 (9) Street washing. Street washing is prohibited.
18 (10) New landscaping. All new planting of plants or grass of any type is prohibited.
19 (11) Water served in restaurants. Water may not be served in restaurants unless requested by a
20 customer.
21 (b) The stage III regulations do not apply to the following:
22 (1) The necessary use of water, other than for landscape irrigation, by a governmental entity in
23 pursuit of its governmental functions for the benefit of the public, such as for capital
24 improvement construction projects.
25 (2) The necessary use of water, other than for landscape irrigation, for land development (such as
26 roadway base preparation, flushing of utility lines, dust control, concrete and asphalt work) and
27 for building construction processes.
28 (3) The necessary use of water for repair of water distribution facilities, residential and commercial
29 plumbing and permanently installed landscape irrigation systems.
30 (c) Stage III regulations are intended to achieve a 50 percent reduction in daily water consumption.
31 Sec. 44-236. Powers of the city manager.
32 In the event of unusual operational events, catastrophic occurrences, severe weather events, or
33 other public emergencies, the city manager may implement mandatory water restrictions in addition to
34 those set out in this article. The city manager may implement these mandatory restrictions by public
35 announcement and the restrictions are effective immediately upon the making of such public
36 announcement. The implementation of additional restrictions pursuant to this section 44-236 shall expire
37 15 days thereafter unless the city council adopts a resolution ratifying such determination and
38 implementation within such 15-day period.
39 Sec. 44-237. Procedures for the implementation and termination of mandatory restrictions.
40 (a) Stages I, ll, and III may be implemented or terminated at any time by resolution adopted by the city
41 council.
42 (b) When the triggers for implementation of stages I, ll, and III are met, the city manager shall implement
43 the respective mandatory restrictions by issuing a written public announcement stating at a minimum
44 the following information:
8
1 (1) The date restrictions will begin; and
2 (2) The circumstances and/or reasons that triggered the restrictions.
3 (c) Notice of the implementation and termination of mandatory restrictions will be given through press
4 releases, cable television announcements, postings in public areas, on the city's web page and/or
5 other electronic means. The notifications for implementation will contain, at a minimum, the following
6 information:
7 (1) The date restrictions will begin;
8 (2) The circumstances that triggered the restrictions;
9 (3) The stages of response and explanation of the restrictions to be implemented;
10 (4) An explanation of the consequences for violations.
11 (d) When the triggers for implementation of stages I, II, and III are no longer in effect, or the city
12 manager determines that it is in the best interest of the city to terminate the restrictions, the city
13 manager may do so by issuing a written order terminating the restrictions.
14 Sec. 44-238. Reserved.
15 Sec.44-239.Variance; alternative compliance.
16 (a) The director may grant any customer a temporary variance from the restrictions when failure to grant
17 such variance would cause an emergency condition adversely affecting the public health, welfare or
18 safety, and if one of the following conditions is met:
19 (1) Compliance with this article cannot be technically accomplished during the duration of the water
20 supply shortage or other condition for which the restrictions in effect; or
21 (2) Alternative methods can be implemented which will achieve the same or better level of
22 reduction in water use.
23 (b) The director shall inform the customer in writing concerning the granting or denial of such variance
24 and any conditions that may accompany such variance, including any timetables for compliance with
25 the restrictions. The city will treat all customers equally concerning variances, and shall not
26 discriminate in granting variances. No variance shall be retroactive or otherwise justify any violation
27 of restrictions occurring prior to the issuance of the variance.
28 (c) Customers requesting a variance shall file a petition for variance with the director. All petitions shall
29 include the following information:
30 (1) Name and address of the petitioner;
31 (2) Purpose of water use;
32 (3) Specific provisions of the restrictions from which the petition is requesting relief;
33 (4) Detailed statement as to how the specific restriction(s) adversely affects the petitioner or what
34 damage or harm will occur to the petitioner or others if petitioner complies with the restriction(s);
35 (5) Description of the relief requested;
36 (6) Period of time for which the variance is sought;
37 (7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take
38 to meet the intent of this article and the compliance date;
39 (8) Other pertinent information.
40 (d) If approved, the customer shall keep a copy of the alternative water use requirements in the location
41 accessible and visible to the public.
9
1 (e) If granted, the variance shall expire when the then current stage of regulations is terminated or the
2 city implements a different stage. A new petition must be submitted each time the city implements a
3 new higher stage of regulations.
4 Sec. 44-240. Enforcement and penalty.
5 (a) For purposes of this article, the person or customer in whose name the utility billing office last billed
6 or who is receiving the economic benefit of the water supply is presumed to have knowingly made,
7 caused, used or permitted the use of water received from the city for residential, commercial,
8 industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of
9 this article and proof that the violation occurred on the person's or customer's property shall
10 constitute a rebuttal presumption that the person or customer committed the violation.
11 (b) A person commits an offense if the person performs an act prohibited by this article or fails to
12 perform an act required by this article. Each instance of a violation of this article is a separate
13 offense.
14 (c) Proof of a culpable mental state is not required for a conviction of an offense under this article.
15 (d) Parents shall be presumed to be responsible for violations of their minor children and proof that a
16 violation, committed by a child, occurred on property within the parent's control shall constitute a
17 rebuttal presumption that the parent committed the violation.
18 (e) An offense under this article is a class C misdemeanor, punishable by a fine not to exceed
19 $2,000.00. Prosecution of an offense under any section does not preclude other enforcement
20 remedies under this article. The enforcement of other remedies under this article does not prevent
21 prosecution for a violation of this article.
22 (f) If a person is convicted for three or more violations of this article within a 12-month period, water
23 service may be disconnected or restricted.
24 (g) If a customer is irrigating during a time period or on a day when irrigation is not permitted for that
25 customer and a city worker cannot find any person at that street address to turn off the irrigation
26 system, the city worker may enter the property and turn off the irrigation system.
27 (h) The city's authority to seek injunctive or other civil relief available under the law is not limited by this
28 article.
29 Secs.44-241-44-269. Reserved.
30
31 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
32 expressly repealed.
33 B. The invalidity of any section or provision of this ordinance shall not
34 invalidate other sections or provisions thereof.
35 C. The City Council hereby finds and declares that written notice of the date,
36 hour, place and subject of the meeting at which this Ordinance was adopted was posted
10
I and that such meeting was open to the public as required by law at all times during
2 which this Ordinance and the subject matter hereof were discussed, considered and
3 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
4 Government Code, as amended.
5 READ and APPROVED on first reading this the day of
6 V'l , 2015.
7 READ, APPROVED and ADOPTED on second reading this the ��4day of
8 '-p1/1 L 12015.
9
10
11 ALAN MCGRAW, Mayor
12 City of Round Rock, Texas
13
14 ATTEST:
15 .
16
17 SARA L. WHITE, City Clerk
18
11