G-11-11-10-9B1 - 11/10/2011ORDINANCE NO. G['1ko l DI
AN ORDINANCE AMENDING CHAPTER 44, ARTICLE VIII, CODE OF ORDINANCES
(2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING DROUGHT
CONTINGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN; AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 44, Article VIII, Drought Contingency and Peak Day Water Use
Management Plan, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is
hereby replaced in its entirety and shall read as follows:
ARTICLE VIII.
DROUGHT CONTINGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN
Sec. 44221. Scope.
The regulations adopted in the article shall be referred to as the Drought Contingency and Peak
Day Water Use Management Plan (the plan).
Sec. 44222. Declaration of policy.
It is declared that, because safe and high-quality drinking water is a precious resource, the
general welfare requires that the water resources available to the city be put to the maximum beneficial
use, and that the waste or unreasonable use of water be prevented, and the conservation of water is to
be encouraged with a view to its reasonable and beneficial use in the interests of the people of the city
and for the public health, safety, and welfare. The city council has determined that an aggressive water
conservation and drought contingency program will protect the integrity of water supply facilities, prolong
the life of existing water sources, and minimize the impacts of water supply shortages, and therefore
adopts the following regulations and restrictions on the delivery and consumption of water. Water uses
regulated or prohibited under this plan are considered to be non-essential and continuation of such uses
during time of water shortage or other emergency water supply conditions are deemed to constitute a
waste of water which may subject the offender to penalties.
Sec. 44223. Definitions.
For the purpose of this article, the definitions set forth in section 44-5 shall apply, unless the
context clearly indicates or requires a different meaning.
Sec. 44224. Public involvement.
Opportunity for the public to provide input into the preparation of the plan or any modifications has
been provided by the city by means of scheduling and providing public notice of a public meeting to
O:\wdox\SCCInts\O1 12\1 104\MUNICIPAL\0023 5 793. DOC/sls
accept input on the plan or any modifications. Further, the public is always invited to attend city council
meetings to offer input for future modifications to the plan. This plan shall be reviewed and updated at
least every five years and shall take into account any revisions to the regional water plan.
Sec. 44-225. Implementation.
The city manager, or the manager's designee, upon the recommendation of the director, is
hereby authorized and directed to implement the applicable conservation stages upon his determination
that the implementation is necessary to protect the public health, safety, and welfare. The city manager or
the manager's designee shall have the authority to initiate or terminate drought or other water supply
emergency response measures as described in this article.
Sec. 44-226. Application.
The provisions of this article shall apply to all persons, customers, and owners of property who
use or allow the use of city water, wherever situated. The terms person and customer, as used in this
article, include individuals, corporations, partnerships, associations and all other legal entities.
Sec. 44227. Public education.
The city 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. Drought plan and water conservation information
will be provided by public meeting, press releases, utility bill inserts and the city's website.
Sec. 44228. Coordination with regional planning groups.
The service area of the city is located within Brazos G Regional Water Planning Group (RWPG).
The city has provided a copy of this plan and any modifications to the RWPG and a city representative
regularly attends scheduled meetings of the RWPG to discuss regional water issues.
Sec. 44229. Wholesale providers.
The city contracts for raw water in Lake Georgetown and Lake Stillhouse Hollow from the Brazos
River Authority and Lake Travis from the Lower Colorado River Authority. The city will comply with and
implement any drought contingency requirements that may be set forth in any contracts with these river
authorities.
Sec. 44-230. Wholesale customers.
(a) All wholesale water contracts require compliance with the city's plan and drought contingency and
water conservation programs. Each contract specifies that the water supplied to the wholesale
customer may be reasonably limited by the city on the same basis and to the same extent as the
supply of water to any other customers within the city.
(b) All wholesale contracts entered into, renewed or extended after the adoption of this plan will
include provisions for distributing water to the wholesale customer in accordance with V.T.C.A.,
Water Code § 11.039.
Sec. 44-231. Compliance; criteria for initiation and termination of response stages.
(a) No customer of the city water utility, nor any person who uses or purchases water from the city
water utility, may knowingly make, cause, use, or permit the use of water received from the city
for residential, commercial, industrial, agricultural, governmental, or any other purpose in a
manner contrary to any provision of this article, or in an amount greater than that use permitted
by the conservation stage in effect under action taken by the city manager, or his designee, in
accordance with this article.
2
(b) The director shall monitor water supply and demand conditions on an ongoing basis and shall
determine when conditions warrant initiation or termination of each stage of the plan. In addition
to monitoring the specific triggers listed below, the director shall promulgate guidelines as needed
that set forth additional criteria for determining when conservation stages are to be implemented
and terminated. The director shall update the guidelines when, in the opinion of the director,
changed conditions of the utility system require the update. The director shall include in such
guidelines a calendar symbol system designating allowed days for outdoor water use by
customer. The guidelines shall be available for inspection at the city secretary's office and the
utility billing office during normal business hours.
(c) The city has identified -three four levels of conservation and/or drought conditions at which
specific actions will be conducted, such levels described as follows: Staqe 1 (voluntary water use
management); Stage II(a), mandatory water use management (twice -per -week schedule); Stage
II(b), mandatory water use management (once -per -week schedule); and Stage III, emergencv
water use management. . The triggering criteria described herein are based on a statistical
analysis of the vulnerability of the water source under drought of record conditions, or based upon
known system capacity.
(d) Stage 1 triggers for initiation and termination.
(1) Requirements for initiation.
a. Stage 1 use management criteria shall be in effect from May 1 to September 30
of each year unless there is an announcement by the city manager of stage II(a),
II(b) or III; or
b. Pursuant to requirements specified in the city's wholesale water supply contracts,
notification is received from the city's wholesale water suppliers requesting
initiation of the stage 1 restrictions.
(2) Requirements for termination. Stage 1 use management criteria may be rescinded when
all of the conditions listed as triggering events have ceased. Upon termination of stage I,
year round water use management shall become operative.
(e) Stage IIS triggers for initiation and termination.
(1) Supply -based triggers for initiation of stage IIS are as follows:
a. If, for three consecutive days, all of the following occur: well 4 water table level
drops to 40 feet above the pump, Lake Georgetown Reservoir elevation is below
770 feet above mean sea level (msl), and Lake Stillhouse Hollow Reservoir
elevation is below 593.5 feet above msl;
b. Supply source contamination which reduces or inhibits the ability to produce
potable drinking water;
c. Pursuant to requirements specified in the city's wholesale water supply contracts,
notification is received from the city's wholesale water suppliers requesting
initiation of the stage IIS restrictions; or
d. Any other reason as determined by the director.
(2) Demand or capacity -based triggers for stage Ilare as follows:
a. Drinking water treatment capacity has reached 90 percent for three consecutive
days;
3
(3)
b. Total daily demand has reached 90 percent of the raw water pumping capacity
for three consecutive days;
c. Total daily demand is 90 percent of storage capacity for three consecutive days;
d. Total daily demand is 90 percent of the treated water pumping capacity for three
consecutive days;
e. Production or distribution limitations including but not limited to system outages
or equipment failure; or
f. Any other reason as determined by the director.
Requirements for termination of stage ll( restrictions. Stage IIS of the plan may end
when all of the conditions listed as triggering events have ceased to exist for a period of
three consecutive days. Upon termination of stage IIS, stage 1 restrictions become
operative.
(f) Stage II(b) triggers for initiation and termination.
(1) Supply -based triggers for initiation of stage I I(b) are the same as for stage I I(a) above.
t2) Demand or capacity -based triggers for stage II(b) are the same as for stage II(a) above.
(#g)
(3) Requirements for termination of stage II(b) restrictions. Stage II(b) of the plan may end
when all of the conditions listed as triggering events have ceased to exist for a period of
three consecutive days. Upon termination of stage II(b), stage II(a) restrictions become
operative.
Stage III triggers for initiation and termination.
(1) Supply -based triggers for stage III are as follows:
a. If, for three consecutive days, all of the following occur: well 4 water table level
drops to 35 feet above the pump, Lake Georgetown Reservoir elevation is below
765 feet above msl, and Lake Stillhouse Hollow elevation is below 574.1 feet
above msl;
b. Supply source contamination which severely reduces or inhibits the ability to
produce potable drinking water;
c. Pursuant to requirements specified in the city's wholesale water supply contract,
notification is received from the city's wholesale water supplier requesting
initiation of the stage III restrictions; or
d. Any other reason as determined by the director.
(2) Demand or capacity -based triggers for stage III are as follows:
a. Drinking water treatment capacity has reached 95 percent for three consecutive
days;
b. Total daily demand has reached 95 percent pumping capacity for three
consecutive days;
c. Total daily demand is 98 percent of the storage capacity for three consecutive
days;
4
(3)
d. Significant production or distribution limitations including but not limited to system
outages and equipment failure; or
e. Any other reason as determined by the director.
Requirements for termination of stage III restrictions. Stage III of the plan may end when
all of the conditions listed as triggering events have ceased to exist for a period of three
consecutive days. Upon termination of stage III, stage II(b) restrictions become operative
unless also rescinded.
Sec. 44-232. Year round water use management.
(a) A person who obtains water directly or indirectly from the city shall comply with this section at all
times.
(b) The following acts constitute a waste of water and are prohibited:
(1) Failing to repair a controllable leak, including a broken sprinkler head, a leaking valve,
leaking or broken pipes, or a leaking faucet;
(2) Operating a permanently installed irrigation system with:
a. A broken head;
b. A head that is out of adjustment where the arc of the spray head is over a street
or parking lot; or
c. During irrigation, allowing water to run off a property such that there is a trail of
water that is running in the street for a distance of 50 feet or greater, or allowing
water to pond in the street or parking lot to a depth greater that one-fourth of an
inch.
Sec. 44233. Conservation response stages.
(a) Stage 1, voluntary water use management.
(1) Stage 1 will begin on May 1 and end on September 30 of each year and at all other times
when announced by the city manager or as authorized by this chapter.
(2) The stage 1 announcement will be designed to increase customer awareness of water
conservation and encourage the most efficient use of water. A copy of the current public
announcement on water conservation awareness shall be kept on file at the utilities
department office for inspection by the commission.
(3)
Water customers are requested to voluntarily limit the use of water for non-essential
purposes and to practice water conservation. Voluntary observance of the twice -per -
week watering schedule is requested.
(4) The twice -per -week watering schedule is hereby adopted and established as follows:
Type of Property
Watering Days
Commercial
Tuesday & Friday
Industrial/Multifamily
Tuesday & Friday
Residential
(Addresses ending in
odd numbers)
Wednesday
Saturday
&
5
i
(5)
Residential
(Addresses ending in
even numbers)
Thursday 8 Sunday
Watering hours are between 12:00 midnight and 10:00 a.m. and between 7:00 p.m. and
12:00 midnight on the designated watering day. Watering with a bucket or hand-held
hose is permitted at any time and on any day.
Target. Raise public awareness of the supply situation and achieve a three percent
reduction in the daily water demand that would have occurred in the absence of any
drought contingency or conservation measures.
1 (b) Stage llf�, mandatory water use management (twice -per -week schedule) .
(1) When there is an announcement of stage II by the city manager, the following
restrictions apply to all customers of, or persons who use water directly or indirectly from
the city (except those customers who use treated wastewater effluent or raw water), for
the uses described below:
a. All outdoor irrigation by hose end sprinklers, soaker hoses, or drip irrigation may
occur only in compliance with the twice -per -week watering schedule found in
subsection (a)(4) of this section. All outdoor irrigation of vegetation by
permanently installed automatic irrigation systems may occur only in compliance
with the twice -per -week watering schedule found in subsection (a)(4) of this
section. Irrigation by hand-held hoses or hand-held buckets is permitted anytime.
The public is encouraged to wait until stage IIS is terminated to establish new
landscaping. The time restrictions do not apply to the irrigation of commercial
plant nurseries; however, these establishments shall curtail all nonessential
water use.
b. The washing of automobiles, trucks, trailers, boats, airplanes, or other type of
mobile equipment is prohibited except in compliance with the twice -per -week
watering schedule found in subsection (a)(4) of this section. The washing, when
allowed, must be done with a hand-held bucket or a hand-held hose equipped
with a positive shutoff nozzle for quick rinses. The nozzle must be removed when
the hose is not is use. The washing of each individual automobile, truck, trailer,
boat, airplane or any other type of mobile equipment in violation of the terms and
conditions of this restriction constitutes a separate violation under this section.
However, this restriction does not apply to the washing of vehicles or mobile
equipment when conducted on the immediate premises of a commercial carwash
or a commercial service station. Furthermore, this restriction does not apply to
the washing of automobiles, trucks, trailers, boats, airplanes and other types of
mobile equipment (such as garbage trucks and vehicles used to transport food
and perishables) when the washing is necessary on a more regular and frequent
basis in order to protect the health, safety and welfare of the public. Charity
carwashes are prohibited.
c. The watering of the ground around foundations to prevent foundation cracking is
prohibited except in compliance with the twice -per -week watering schedule found
in subsection (a)(4) of this section.
d. The refilling or adding of water to swimming or wading pools, or ponds, is
prohibited except on the designated outdoor water use days. However, this
restriction does not apply to public swimming pools and wading pools equipped
with filtration and a recirculation system that includes the gutter drains or that are
not using water from the city's water distribution system. However, public pools
may not be filled if there are unrepaired leaks.
6
e. The operation of any ornamental fountain or other structure making similar use of
water is prohibited except where necessary to support aquatic life.
f. The use of water for irrigation of golf fairways is prohibited except in compliance
with the twice -per -week watering schedule found in subsection (a)(4) of this
section. The irrigation of golf course greens and tees is allowed on an every -
other -day schedule if a plan is filed detailing such schedule. These restrictions do
not apply to the irrigation of any golf course which utilizes wastewater effluent,
ground water or raw water.
g•
The use of water from fire hydrants shall be limited to firefighting -related activities
or other activities necessary to maintain the health, safety, and welfare of the
citizens of the city; however, routine flushing of fire hydrants for other than health
and safety reasons is prohibited. This restriction does not apply to businesses
which require the use of water for land development and building construction
processes. By written approval from the director, the businesses may purchase
and draw water from fire hydrants designated for that use by the director.
h. Street washing using potable water from hydrants is prohibited. Street washing
may occur if reclaimed water is used.
i. During stage IIS restrictions, the city shall visually inspect lines and repair leaks
on a daily basis; reduce or discontinue the flushing of water mains; discontinue
the routine street cleaning programs; and consider activating inter -connects with
other utility providers.
J.
Potential alternate water sources for the city are identified as:
1. Wells 7 and 9; and
2. Inter -connection with the City of Austin or the City of Georgetown.
k. The following uses of water are prohibited:
1. Failing to repair a controllable leak, such as broken sprinkler heads and
leaking valves or faucets.
2. Washing sidewalks, driveways, parking areas, streets, tennis courts,
patios, or other paved areas, except to alleviate immediate health or fire
hazards.
3. Operating a permanently installed irrigation system with broken heads,
with heads that are out of adjustment that spray more than ten percent of
the spray on streets or parking lots, or that are misting.
4. Allowing water to run off a property during irrigation, in the street or
parking lot to a depth greater than one-fourth of an inch.
(2) The stage IIrestrictions do not apply to the following uses of water:
a. The necessary use of water, other than for landscape irrigation, by a
governmental entity in pursuit of its governmental functions for the benefit of the
public, such as for capital improvement construction projects.
b. The necessary use of water, other than for landscape irrigation, for land
development (such as roadway base preparation, flushing of utility lines, dust
control, concrete and asphalt work) and for building construction processes.
7
(3)
c. The necessary use of water for repair of water distribution facilities, residential
and commercial plumbing and permanently installed landscape irrigation
systems.
d. The use of water necessary for the establishment of specially permitted
landscaping in new, residential and commercial development should be
postponed if at all possible. If the installation cannot be postponed, the irrigation
schedule for the first 30 days after installation on notification to the director may
not exceed the following frequency of irrigation:
Days 1--10
Once per day
Days 11--20
Once every other day
Days 21--30
Once every third day
After 30th day
Standard restrictions
apply
Watering must take place during the permitted hours and, if the landscape
cannot be sustained based on this schedule, installation should be postponed.
e. The necessary use of water for athletic fields for organized youth, amateur, or
professional sports such as football, soccer or baseball where the field is in use
or will be in use within 60 days of the institution of stage IIS restrictions.
Target: Achieve a five percent reduction in the daily water demand that would have
occurred in the absence of any drought contingency or conservation measures.
(c) Stage ll(b), mandatory water use management (once -per -week schedule).
(1) When there is an announcement of stage II(b) by the city manager, the followinq
restrictions apply to all customers of, or persons who use water directly or indirectly from
the city (except those customers who use treated wastewater effluent or raw water), for
the uses described below:
a. The once -per -week watering schedule is hereby adopted and established as
follows:
Type of Prgpertv
Watering Days
Commercial
Friday
Industrial/Multifamily
Friday
Residential
Saturday
(Addresses ending in
odd numbers)
Residential
Sundav
(Addresses ending in
even numbers
Watering hours are between 12:00 midnight and 10:00 a.m. and between 7:00
p.m. and 12:00 midnight on the designated watering day. Watering with a bucket
or hand-held hose is permitted at any time and on any day.
b. All outdoor irriqation by hose end sprinklers, soaker hoses, or drip irrigation may
occur onlv in compliance with the once -per -week watering schedule found in
subsection a. above. All outdoor irrigation of vegetation by permanently installed
automatic irrigation systems may occur only in compliance with the once -per -
week watering schedule found in subsection a above. Irrigation by hand-held
8
hoses or hand-held buckets is permitted anytime. The time restrictions do not
apply to the irrigation of commercial plant nurseries: however, these
establishments shall curtail all nonessential water use. The public is encouraged
to wait until are mandatory restrictions are terminated to establish new
landscaping.
c. The washing of automobiles, trucks, trailers, boats, airplanes, or other tvpe of
mobile equipment is prohibited except in compliance with the once -per -week
watering schedule found in subsection a. above. The washing, when allowed,
must be done with a hand-held bucket or a hand-held hose equipped with a
positive shutoff nozzle for quick rinses. The nozzle must be removed when the
hose is not is use. The washing of each individual automobile, truck, trailer, boat,
airplane or any other type of mobile equipment in violation of the terms and
conditions of this restriction constitutes a separate violation under this section.
However, this restriction does not apply to the washing of vehicles or mobile
equipment when conducted on the immediate premises of a commercial carwash
or a commercial service station. Furthermore, this restriction does not apply to
the washing of automobiles, trucks, trailers boats, airplanes and other types of
mobile equipment (such as garbage trucks and vehicles used to transport food
and perishables) when the washing is necessary on a more regular and frequent
basis in order to protect the health, safetv and welfare of the public. Charity
carwashes are prohibited.
d. The watering of the ground around foundations to prevent foundation cracking is
prohibited except in compliance with the once -per -week watering schedule found
in subsection a. above.
e. The refilling or adding of water to swimming or wading pools, or ponds, is
prohibited except on the designated outdoor water use days. However, this
restriction does not apply to public swimming pools and wading pools equipped
with filtration and a recirculation system that includes the gutter drains or that are
not using water from the city's water distribution system. However, public pools
may not be filled if there are unrepaired leaks.
f. The operation of anv ornamental fountain or other structure making similar use of
water is prohibited except where necessary to support aquatic life.
q. The use of water for irrigation of golf fairways is prohibited except in compliance
with the once -per -week watering schedule found in subsection a. above. The
irrigation of golf course greens and tees is allowed on an every -third -day
schedule if a plan is filed detailing such schedule. These restrictions do not apply
to the irrigation of any golf course which utilizes wastewater effluent, ground
water or raw water.
h. The use of water from fire hydrants shall be limited to firefighting -related activities
or other activities necessary to maintain the health, safety, and welfare of the
citizens of the city: however, routine flushing of fire hvdrants for other than health
and safety reasons is prohibited. This restriction does not apply to businesses
which require the use of water for land development and building construction
processes. By written approval from the director, the businesses may purchase
and draw water from fire hydrants designated for that use by the director.
i. Street washing using potable water from hydrants is prohibited. Street washing
may occur if reclaimed water is used.
J.
During stage II(b) restrictions, the city shall visually inspect lines and repair leaks
on a daily basis: reduce or discontinue the flushing of water mains: discontinue
the routine street cleaning programs; and consider activatinq inter -connects with
other utility providers.
k. Potential alternate water sources for the citv are identified as:
1. Wells 7 and 9; and
2. Inter -connection with the Citv of Austin or the City of Georgetown.
I. The followinq uses of water are prohibited:
1. Failing to repair a controllable leak, such as broken sprinkler heads and
leaking valves or faucets.
2. Washing sidewalks, driveways, parking areas, streets, tennis courts.
patios, or other paved areas, except to alleviate immediate health or fire
hazards.
3. Operating a permanently installed irrigation system with broken heads,
with heads that are out of adjustment that spray more than ten percent of
the spray on streets or parking lots, or that are misting.
4. Allowing water to run off a property during irrigation, in the street or
parking lot to a depth greater than one-fourth of an inch.
(2) The stage II(b) restrictions do not apply to the following uses of water:
a. The necessary use of water, other than for landscape irrigation, by a
governmental entitv in pursuit of its governmental functions for the benefit of the
public, such as for capital improvement construction projects.
b. The necessary use of water, other than for landscape irrigation, for land
development (such as roadway base preparation, flushing of utility lines, dust
control, concrete and asphalt work) and for building construction processes.
c. The necessary use of water for repair of water distribution facilities, residential
and commercial plumbing and permanently installed landscape irrigation
systems.
d. The use of water necessary for the establishment of specially permitted
landscaping in new residential and commercial development should be
postponed if at all possible. If the installation cannot be postponed, the irrigation
schedule for the first 30 days after installation on notification to the director may
not exceed the following frequency of irrigation:
Days 1--10
Once per day
Days 11--20
Once every other day
Days 21--30
Once every third day
After 30th day
Standard restrictions
apply
e. The necessary use of water for athletic fields for organized youth, amateur, or
professional sports such as football, soccer or baseball where the field is in use
or will be in use within 30 days of the institution of stage II(b) restrictions.
(3) Target: Achieve a ten percent reduction in the daily water demand that would have
occurred in the absence of any drought contingencv or conservation measures.
10
Stage 111, emergency water use management. The city manager, or his designee, may implement
the following restrictions to apply to all customers or the city's water utility or to any persons who
use water directly or indirectly from the city's water utility, and to apply in the areas designated by
the city manager or his designee. The restrictions do not apply to any customer using treated
wastewater effluent or raw water for the uses described below. All elements of stage IIS remain
in effect in stage III except that:
(1) All outdoor irrigation of vegetation by hand-held hoses or hand-held watering cans may
occur only in compliance with the twice -per -week watering schedule found in
subsection_(a)(4) c(1)(a) of this section. Irrigation is prohibited, including but not limited to
foundation watering, using permanently installed irrigation systems, hose end irrigation, or
drip irrigation. These restrictions are not applicable to the necessary use of water for
irrigation of professional athletic fields.
(2) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile
equipment is prohibited, unless occurring on the immediate premises of a commercial
carwash or a commercial service station and unless it is in the immcdiatc intcrc&t of the
public health, safety, and welfare. The washing of automobiles, trucks, trailers, boats,
between 12:00 noon and 5:00
(3)
Commercial plant nurseries may use only hand-held hoses, handheld watering cans, or
drip irrigation.
(4) The filling, refilling, or adding of potable water to public and private swimming or wading
pools is prohibited.
(5)
any type is prohibited.
All new planting of plants or grass of
(6) During stage III restrictions the city shall visually inspect lines and repair leaks on a daily
basis and discontinue the flushing of water mains except as needed for health and safety
reasons.
(7)
Target. Achieve a_even twenty-five percent reduction in the daily water demand that
would have occurred in the absence of any drought contingency or conservation
measures.
Sec. 44234. Powers of the director.
The director may, at any time, implement mandatory water restrictions in addition to those
restrictions named in the plan to protect the public health and safety in the event of unusual operational
events, catastrophic occurrences, or severe weather events. The director may implement mandatory
restrictions by public announcement and the restrictions are effective immediately upon the making of
such public announcement. In the event the director implements restrictions pursuant to this section to
protect the public health and safety of the public, the notice provisions contained in section 44-235 do not
apply.
Sec. 44235. Notice requirements.
(a) Written notice will be provided to each wholesale customer prior to implementation or termination
of each stage of the plan. Mailed notice must be given to each wholesale customer 72 hours prior
to the start of water restriction. If notice is hand -delivered, the city cannot enforce the provisions
of the plan for 24 hours after notice is provided.
11
(b) Notice to all other customers will be given through press releases, cable television
announcements, postings in public areas and on the web. These notices will be made prior to
implementation or termination of each stage of the plan.
(c) All notifications will contain, at a minimum, the following information:
(1) The date restrictions will begin;
(2) The circumstances that triggered the restrictions;
(3) The stages of response and explanation of the restrictions to be implemented;
(4) An explanation of the consequences for violations.
(d) The city will notify the commission by telephone, or electronic mail prior to initiating conservation
stages. Written notification will be delivered to the Commission Public Drinking Water Section at
MC -155, P.O. Box 13087, Austin, Texas 78711-3087, within five working days of implementation.
Copies of all public notices will be included.
(e) The city will notify directly, or cause to be notified directly, the following individuals and entities
when stage III is required to be implemented:
(1) County emergency management coordinator;
(2) County judge and commissioners;
(3) Round Rock ISD; and
(4) Critical and large water users, i.e., hospitals, care centers.
(f) The city will file a status report of its restriction program with the commission every 30 days that
restriction continues.
Sec. 44-236. Notice of violations.
(a) The customer will be given a written notice describing specific violations at least 24 hours prior to
enforcement by measures authorized in subsections (b) and (c) of this section.
(b) After written notice, the city may install a flow restricting device in the line to limit the amount of
water which will pass through the meter in a 24-hour period. The city may charge the customer
for the actual cost of installing and removing the flow restricting device, not to exceed $50.00.
(c) If a customer has been convicted of three or more distinct violations of this plan, the city may,
upon due notice to the customer, discontinue service at the meter for a period of seven days, or
until the end of the calendar month, whichever is less. The normal reconnect fee of the city will
apply for restoration of service. In addition, suitable assurance must be given to the city that the
same action will not be repeated while the plan is in effect.
Sec. 44-237. Variance; alternative compliance.
(a) The director may grant any customer a temporary variance from the plan when failure to grant
such variance would cause an emergency condition adversely affecting the public health, welfare
or safety, and if one 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; or
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(2) Alternative methods can be implemented which will achieve the same or better level of
reduction in water use.
(b) The director shall inform the customer in writing concerning the granting or denial of such
variance and any conditions that may accompany such variance, including any timetables for
compliance with the plan. The city will treat all customers equally concerning variances, and shall
not discriminate in granting variances. No variance shall be retroactive or otherwise justify any
violation of this plan occurring prior to the issuance of the variance. Variances granted shall
expire when the particular stage of the plan has been terminated.
(c) Customers requesting a variance shall file a petition for variance with the director within five days
after the plan or a particular stage has been invoked. All petitions shall be reviewed by the
director and shall include the following information:
(1) Name and address of the petitioner;
(2) Purpose of water use;
(3) Specific provisions of the plan from which the petition is requesting relief;
(4) 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 plan;
(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.
(d) If approved, the customer shall keep a copy of the alternative water use requirements in the
location accessible and visible to the public.
Sec. 44-238. Enforcement and penalty.
(a) For purposes of this article, the person or customer in whose name the water utility of the city last
billed or who is receiving the economic benefit of the water supply is presumed to have knowingly
made, caused, used or permitted the use of water received from the city for residential,
commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to
any provision of this article, or in an amount more than the use permitted by the conservation
stage in effect and proof that the violation occurred on the person's or customer's property shall
constitute a rebuttal presumption that the person or customer committed the violation.
(b) A person commits an offense if the person performs an act prohibited by this article or fails to
perform an act required by this article. Each instance of a violation of this article is a separate
offense. A warning may be issued for the first violation.
(c) Proof of a culpable mental state is not required for a conviction of an offense under this article.
(d) Parents shall be presumed to be responsible for violations of their minor children and proof that a
violation, committed by a child, occurred on property within the parent's control shall constitute a
rebuttal presumption that the parent committed the violation.
(e) An offense under this article is a class C misdemeanor, punishable by a fine not to exceed
$2,000.00. Prosecution of an offense under any subsection does not preclude other enforcement
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(f)
(g)
remedies under this article. The enforcement of other remedies under this article does not
prevent prosecution for a violation of this article under any subsection of any article.
For repeat violations of this article, water service may be disconnected or restricted.
If a customer is irrigating during a time period or on a day when irrigation is not permitted for the
street address of that customer and a city worker cannot find any person at that street address to
turn off the irrigation system, the city worker may enter the property and turn off the irrigation
system.
(h) The city's authority to seek injunctive or other civil relief available under the law is not limited by
this article.
II.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day of
, 2011.
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Alternative 2.
READ and APPROVED on first reading this the day of
2011.
READ, APPROVED and ADOPTED on second reading this the (b day of
2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
15
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Council Agenda Summary Sheet
Agenda Item No. 9B1.
Agenda Caption:
Consider an ordinance amending Chapter 44, Article VIII, Code of Ordinances (2010
Edition), regarding the Drought Contingency and Peak Day Water Use Management Plan.
(Second Reading)
Meeting Date: November 10, 2011
Department: Utilities and Environmental Services
Staff Person making presentation: Michael Thane, P.E.
Utilities Director
Item Summary:
The Drought Contingency and Peak Day Water Use Management Plan is amended from time to time to protect the
water system from overuse and to remain current with state law. The current Drought Contingency Plan consists of
three response stages; Stage 1 (voluntary), Stage II (mandatory twice -per -week schedule) and Stage III (emergency
water use management). This proposed amendment to the plan revises the response stages as; Stage 1 (voluntary),
Stage II(a) mandatory twice -per -week schedule, Stage II(b) mandatory once -per -week schedule and Stage III
emergency water use management. The water restrictions for Stage II(b) are the same as Stage II(a) except for the
number of watering days allowed per week. The watering schedule for Stage II(b) is as follows:
Tvpe of Property Watering Days
Commercial/ Industrial/Multifamily Friday
Residential: Odd -numbered address Saturday
Residential: Even -numbered address Sunday
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval