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G-99-07-08-9A1 - 7/8/1999ORDINANCE NO. lT ' qq- D l AN ORDINANCE AMENDING CHAPTER 10, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 10.800 DEALING WITH WATER CONSERVATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. WHEREAS, the City Council of the City of Round Rock, Texas is the trustee of the city's domestic water supply; and WHEREAS, continued population and economic growth in the city and its environs have impacted the city's water utility service; and WHEREAS, the general welfare of the citizens of Round Rock and its environs requires that the water resources available to the city be utilized with maximum efficiency; and WHEREAS, further population and economic growth in the city and its environs, without water conservation efforts, may adversely affect the city's domestic water supply; and WHEREAS, the City Council is desirous of adopting appropriate water conservation rules and regulations for the purpose of ensuring maximum reductions of potable water use and wastewater flows through the implementation of water conservation technologies; K:\WPDOCS\ORDINANC\090624B1.WPD/jkg NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 10, Code of Ordinances (1995 Edition), City of Round Rock, is hereby amended by adding Section 10.800 which shall read as follows: SECTION 10.800 EMERGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN 10.801 SCOPE The regulations adopted in this Section shall be referred to as the Emergency and Peak Day Water Use Management Plan. 10.802 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. 10.803 IMPLEMENTATION The City Manager, or the Manager's designee, upon the recommendation of the Director of Public Works, may implement the applicable provisions of this section upon his or her determination that the implementation is necessary to protect the public health, safety, and welfare. 10.804 APPLICATION The provisions of this section shall apply to all persons, customers, and owners of property who use or allow the use of city water, wherever situated. 10.805 CONSERVATION STAGES (1) Compliance: Guidelines (a) No customer of the city water and wastewater utility, nor any person who uses or purchases water from the city water and wastewater utility, may knowingly make, cause, use, or permit the use of water received from the city for residential, 2 commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this section, 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 section. (b) Except as provided herein by Subsection 10.805(3) governing Stage 2 Mandatory Water Use Management, the Stage 1 Use Management criteria shall be in effect from May 1st to September 30th of each year. The Director of Public Works shall promulgate guidelines that set forth the criteria for determining when the other conservation stages are to be implemented and terminated. The Director of Public Works shall update the guidelines when, in the opinion of the Director of Public Works, changed conditions of the utility system require the update. The Director of Public Works shall include in such guidelines a calendar symbol system designating allowed days for outdoor water use by customers. The guidelines shall be available for inspection at the City Secretary's office and the Utility Billing's offices during normal business hours. (2) Stage 1 Peak Day Water Use Management (a) Customers of the city water and wastewater utility, and any person who obtains water directly or indirectly from the city, are expected to voluntarily limit the amount of water used from May 1st to September 30th of each year to that amount essential for health, business, and outdoor water use, by complying with subparts (a) and (i) of the following Subsection 10.805(3) governing Stage 2 Mandatory Water Use Management. (3) Stage 2 Mandatory Water Use Management From May 1st to September 30th of each year when there is an announcement of Stage 2 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 on a designated outdoor water use day and only between the hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. to 12:00 midnight. All outdoor irrigation of vegetation by permanently installed automatic irrigation systems may occur only between the hours of 12:00 midnight to 10:00 a.m. on designated outdoor water use days. Irrigation by hand-held 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. (b) The washing of automobiles, trucks, trailers, boats, airplanes, or other type of mobile equipment is prohibited except on designated outdoor water use days between the hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight. 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 3 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 on designated outdoor water use days between the hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight. (d) The refilling or adding of water to swimming or wading pools, or ponds, is prohibited. 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. (e) The operation of any ornamental fountain or other structure making similar use of water is prohibited. (f) The use of water for irrigation of golf fairways is prohibited except on designated outdoor water use days between the hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight. 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 Round Rock; 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 of Public Works, the businesses may purchase and draw water from fire hydrants designated for that use by the Director of Public Works. (h) Street washing using potable water from hydrants is prohibited. Street washing may occur if reclaimed water is used. (i) The following uses of water are prohibited: (i) Failing to repair a controllable leak, such as broken sprinkler heads and leaking valves or faucets. (ii) Washing sidewalks, driveways, parking areas, streets, tennis courts, patios, or other paved areas, except to alleviate immediate health or fire hazards. (iii) Operating a permanently installed irrigation system with broken heads, with heads that are out of adjustment that spray more than 10% of the spray on streets or parking lots, or that are misting. (iv) Allowing water to run off a property during irrigation, car washing, or any other use of water or allowing water to pond in the street or parking lot to a depth greater than 1/4 of an inch. (j) The Stage 2 restrictions do not apply to the following uses of water: (i) 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. (ii) 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. (iii) The necessary use of water for repair of water distribution facilities, residential and commercial plumbing and permanently installed landscape irrigation systems. (iv) 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 thirty (30) days after installation on notification to the Director of Public Works may not exceed the following frequency of irrigation. Watering must take place during the permitted hours and, if the landscape cannot be sustained based on this schedule, installation should be postponed. • Days 1 - 10 Once per day • Days 11 - 20 Once every other day • Days 21 - 30 Once every third day • After 30th day This schedule no longer applies, and the standard restrictions then apply. (k) All restaurants are prohibited from serving water to their customers except when specifically requested by the customer. (4) Stage 3 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 2 remain in effect in Stage 3 except that: 5 (a) All outdoor irrigation of vegetation by hand-held hoses or hand-held watering cans may occur only on designated outdoor water use days and between the hours of 6:00 a.m. to 10:00 a.m. and between 7:00 p.m. to 10:00 p.m. Irrigation is prohibited, including but not limited to foundation watering, using permanently installed irrigation systems, hose end irrigation, or drip irrigation. (b) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited, if not occurring on the immediate premises of a commercial carwash or a commercial service station and if not in the immediate interest of the public health, safety, and welfare. (c) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment may occur between 12:00 noon and 5:00 p.m. only if on the immediate premises of a commercial carwash or a commercial service station and only if in the immediate interest of the public health, safety and welfare. (d) Commercial plant nurseries may use only hand-held hoses, hand-held watering cans, or drip irrigation. (e) The filling, refilling, or adding of potable water to public swimming or wading pools is prohibited. (f) No new landscapes of any type may be established. 10.806 POWERS OF THE DIRECTOR OF PUBLIC WORKS (1) Director's Authority to Impose Additional Restrictions The Director of Public Works may, at any time, implement mandatory water restrictions in addition to those restrictions named in the Emergency and Peak Day Water Use Management 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. 10.807 ENFORCEMENT (1) Presumption of Violation For purposes of this article, the person or corporation or association 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. 6 (2) Stage 2 and Stage 3 Implementation The city's utility department shall monitor the projected supply and demand for water by its customers on a daily basis and shall recommend to the City Manager the extent of the conservation required through the implementation or termination of particular conservation stages in order for the city's utility department to prudently plan for and supply water to its customers. The City Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provisions of this article. This order shall be made by public announcement and shall take effect immediately upon such announcement. 10.808 PENALTY (1) A person commits an offense if the person performs an act prohibited by this section or fails to perform an act required by this section. Each instance of a violation of this section is a separate offense. (2) Proof of a culpable mental state is not required for a conviction of an offense under this section. (3) An offense under this section is a Class C misdemeanor, punishable by a fine not to exceed $2,000.00. Prosecution of an offense under any subsection of any section does not preclude other enforcement remedies under this section. The enforcement of other remedies under this section does not prevent prosecution for a violation of this section under any subsection of any section. (4) For repeat violations of this chapter, water service may be disconnected or restricted. (5) 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. (6) The city's authority to seek injunctive or other civil relief available under the law is not limited by this section. 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. 7 C. The City Council hereby finds and declares the 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 hereof were discussed, considered and formally acted upon, as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ and APPROVED on first readingthish t e day of , 1999. .,,•READ, APPROVED and ADOPTED on second reading this the gqday of ATTEST: E LAND, City Secretary , 1999. ROBERT A. STLUKA, J , Mayor City of Round Rock, Texas 8 City of Round Rock Public Works Department Emergency and Peak Day Water Use Management Plan, updated 1999 Objective The general objective of the Emergency and Peak Day Water Use Management Plan is to minimize the adverse impacts of water supply shortages on the citizens and communities of Round Rock during periods of emergency or drought. The plan consists of graduated restrictions on the use of water for residential, commercial and industrial. The overall goal is to distribute the burden of water reduction as equitable as possible among all classes of water users. Methodology The Emergency and Peak Day Water Use Management Plan consists of three successive stages for implementing water demand reduction. Each stage stipulates the criteria to be used in determining when each stage and elements therein become operative. The three stages is as follows: Stage 1: Peak Day Water Use Management Stage 2: Mandatory Water Use Management Stage 3: Emergency Water Use Management. The development of each stage is modeled on existing water supply pumping capabilities in Round Rock. Water supply in Round Rock comes from two sources: groundwater and surface water. As groundwater accounts for only a small percentage of water usage this plan is based on the rated surface water pumping capacity from Lake Georgetown. Current surface water pumping capacity is based on the State of Texas criteria: Total raw water pumping capacity minus largest pump off-line. The Lake Georgetown Raw Water Intake Structure has 3 — 2100 GPM pumps and 3 — 4200 GPM which equates to a total rated raw water pumping capacity of 14700 GPM or 21 MGD. Emergency and Peak Day Water Use Management Plan, updated 1999 (continued) Stage 1 - Peak Day Water Use Management Criteria Time of year Rated Raw Water Pumping Capacity = 21 MGD Weather pattern and long range forecasts Drought or emergency declaration Implementation The trigger mechanism for this stage is when the surface water demand has, for three consecutive days, reached or exceeded 95% of rated raw water pumping capacity or 19.9 MGD. Stage 2 - Mandatory Water Use Management Criteria Same as Stage 1 Implementation The trigger mechanism for this stage is when surface water demand has, for three consecutive days, reached or exceeded 98% of rated raw water pumping capacity or 20.5 MGD Stage 3 - Emergency Water Use Management Criteria Same as Stage 1 & 2 Implementation The trigger mechanism for this stage is when surface water demand has, for three consecutive days, reached or exceeded 100% of rated raw water pumping capacity or 21 MGD DATE: July 2, 1999 SUBJECT: City Council Meeting — July 8, 1999 ITEM: 9.A.1. Consider an ordinance adopting an Emergency and Peak Day Water Use Management Plan. (Second Reading) The proposed ordinance is an update of Resolution No. 318R, 1980 and reflects current water production capabilities and is based on selected criteria for times of drought. The first reading of the ordinance was approved on June 24, 1999. Staff Resource Person: Jim Nuse, Public Works Director.