Ord 052-2001 5/15/2001ORDINANCE NO. u —)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING SECTION 32 -34 OF THE CODE OF
ORDINANCES, RATIONING THE USE OF OUTSIDE WATER WITHIN
THE CITY, REPEALING ORDINANCE NOS. 61 -2000 AND 120 -2000;
PROVIDING A PENALTY PROVISION; PROVIDING FOR INCLUSION IN
THE CODE; AND FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the watershed supplying the City of Wichita Falls with water has
been in the worst drought of record; and
WHEREAS, it is necessary to implement mandatory water use restrictions as
part of the City's long -term Water Conservation Plan and to protect and preserve public
health and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 32 -34 of the Wichita Falls Code of Ordinances is hereby
amended in its entirety to read as follows:
"Sec. 32 -34. Water shortage; authority of department.
(a) It shall be unlawful for any person, firm, corporation or other entity, at any
time of the year, to:
1. Run outside spray type irrigation on any day of the week between
11:00 A.M. and 6:00 P.M. Landscape watering is permitted any time
with a hand held hose, soaker hose, bucket, watering can, bubbler or
drip irrigation system. A spray type irrigation system may be used any
time for the purposes of cooling golf course putting surfaces when
warranted by weather conditions and only with run cycles of less than
five (5) minutes.
2. Wash any motor vehicle at any location other than a commercial car
wash, car dealership, detail shop or automotive shop unless the hose
is equipped with a positive shut off nozzle. Such nozzle shall stop the
flow of water through the hose when released by the operator.
3. Install new irrigation systems unless they are designed by a licensed
professional recognized by the State of Texas to design such systems,
and these systems shall be designed so as to be water conserving.
Each new system shall utilize zonal irrigation, drip irrigation,
subsurface irrigation and other water conserving features as
appropriate. When application for the irrigation permit is made by other
than a licensed irrigation specialist or landscape architect, the irrigation
system designed by a licensed professional recognized by the State of
Texas to design such systems plans shall be made available to the
City of Wichita Falls Building officials.
4. Provide drinking water to customers of restaurants, bars, or clubs
unless the customer requests such water.
(b) When the lake levels reach a combined capacity of 60% (or the demand
exceeds design treatment capacity for 3 days, or the demand equals 105% of design
treatment capacity) a drought watch will be initiated. The following actions shall occur
under the direction of the Director of Public Works:
1. The City Council will be notified of the impending problem and the
proposed immediate and future actions.
2. When the lake levels reach a combined capacity of 60 %, the City shall
mail a copy of this ordinance and the water rationing zone map, with a
cover letter describing the drought conditions, to each water account.
3. The City shall initiate an education program through all available
media to:
a. Alert the public to the depletion of the reservoirs; current
rate of withdrawals and the effect of such withdrawals;
current treatment rates; current meteorological conditions;
and the long -range weather forecast from the National
Weather Service.
b. Alert the public to the drought management program, the
various stages and measures, and the possibility of
implementation.
c. Keep a constant flow of information to the public to
condition them for more stringent measures.
4. The Public Works Department will coordinate with other departments
on the structure of a program to implement voluntary and non -
voluntary water restrictions.
5. The Public Works Department will conduct training necessary to
implement the water restriction program.
6. The Public Works Department will prepare all administrative processes
(forms, affidavits, maps, offices, etc.) for the restriction program.
(c) When the lake levels reach a combined capacity of 50% (or the demand
exceeds design treatment capacity for 3 days after a drought watch has been declared,
or the demand equals 110% of design treatment capacity) it shall be unlawful for any
person, firm, corporation or other entity to:
1. Run outside irrigation systems (including sprinklers, automatic
sprinkler systems and unattended hoses) except on the day of the
week permitted for the area as identified on the attached water
rationing zone map, an official copy of which shall be kept on file in the
office of the City Clerk; except that landscape watering is permitted
any day with a hand held hose, soaker hose, bucket (5 gallon or less),
watering can, bubbler or drip irrigation system. On days other than the
day of the week permitted by the water rationing zone map, testing
and troubleshooting of irrigation systems that involve the release of
water is permissible any time, including between the hours of 11 a.m.
to 6 p.m., as long as a licensed plumber or irrigator is present on
location during testing (and visible to the ticket writer). Testing and
troubleshooting of irrigation systems by other than a licensed plumber
or irrigator that involves the release of water is otherwise permissible
only on the day of week and time of day permitted by the water
rationing zone map. Nursery plant stock is exempt from this provision.
Water used for irrigation from private wells, aerobic septic systems,
wastewater effluent or other non - potable water will be exempt from all
drought - related restrictions but must comply with all other city, state
and federal regulations.
2. Run any type of outside watering on any day of the week between
11:00 A.M. and 6:00 P.M.
3. Operate a commercial car wash more than six days per week. Full -
service commercial car washes shall not operate more than ten hours
on any one day. Self- service commercial car washes shall not operate
more than eighteen hours on any one day.
4. Wash any motor vehicle at any location other than a commercial car
wash, car dealership, detail shop or automotive shop. The washing of
a vehicle for health and safety reasons, sufficient to remove the
hazard, is permitted any time (a dirty windshield is not sufficient
excuse to wash the entire vehicle). Washing vehicles with a bucket,
washing vehicles on the day to water or washing vehicles on the lawn
while watering, other than at a commercial car wash, car dealership,
detail shop or automotive shop; is prohibited.
5. Conduct fundraising car washes during the time the drought warning is
in effect.
6. Wash sidewalks, driveways, or concrete slabs unless an immediate
health or safety risk is present.
(d) A waiver of Section (c) 1. may be granted for the irrigation of new
landscaping plants whereby watering would be permitted to maintain adequate growth
until the plants are established but not to exceed a thirty (30) day time period. This
waiver will not be available when the combined lake levels are at or below 40 %. Any
person wishing such a waiver must make application to the City Public Works
Department and pay a $50.00 non - refundable fee. The applicant must agree to pay a
water rate that is three (3) times the normal rate for that customer for all consumption
over 12 CCF as registered by residential meters and all consumption as registered by
water only meters or commercial meters. Persons who desire a waiver for new
landscapes shall utilize exclusively water - use - efficient trees, shrubs, ground covers,
ornamental plants and turf; and are to utilize water wise horticultural practices, including
proper soil preparation and the use of mulch, compost and zonal irrigation systems.
These plants and practices may be found on the Texas A & M University (TAMU) web
page at http: / /aggie- horticulture .tamu.edu /extension/xeriscape and in their Xeriscape Bulletin
B- 1584 -7 -98, or their replacements. Compost is available from the City of Wichita Falls
Organics Recycling Facility located at the landfill daily through a registered vendor
network, and periodically to the public on free compost days. Turf, plants and trees with
a drought tolerance of good to excellent listed for zones #4 and #7 (as listed by TAMU)
meet the requirements of this section. Turf grasses that qualify are Buffalograss,
Zoysiagrass and Bermudagrass.
(e) Public and private golf courses may water golf course greens on any day
of the week. The watering of tee boxes and fairways is prohibited, except on the day of
the week permitted for the area as identified on the water rationing zone map, when the
combined lake levels are at or below 50% of capacity. Water used for irrigation from
private wells, aerobic septic systems or wastewater effluent will be exempt from all
drought - related restrictions but must comply with all other city, state and federal
regulations.
(f) A water conservation surcharge will be applied to all residential accounts
when the 50% and 40% trigger levels are reached. At 50% there will be a $0.25 per
Hundred Cubic Feet (CCF) surcharge for use over 15 CCF but less than 30 CCF. For
consumption over 30 CCF but less than 45 CCF the surcharge will be $0.50. For
consumption over 45 CCF the surcharge will be $1.00. At the 40% trigger level the
surcharges will be $0.50, $1.00 and $2.00 respectively. The same surcharges will apply
to yard and irrigation meters for consumption over 3 CCF, 18 CCF and 33 CCF
respectively. Surcharges will remain in effect until the City Council announces the end
to the restrictions. Water utilized by commercial nurseries for plant stock production
shall not be subject to the surcharges specified herein.
(g) The Director of Public Works shall declare that each "trigger level" has
been reached and that the water use restrictions for each respective stage are in effect.
The water restrictions will remain in effect until the lakes rise to a level that, when
combined with the long -term forecast, assures the City an adequate supply of water.
When an adequate supply of water is available, the City Council, by majority vote, and
after consultation with the Director of Public Works, shall announce the end to each
respective stage of the restrictions.
(h) Any person, firm, corporation or other entity found in violation of any
provision of this ordinance shall be punished by a fine not exceeding Five Hundred
($500.00) Dollars for the first two (2) offenses and not more than One Thousand
($1,000) Dollars for each offense thereafter. Each day of violation of this ordinance
shall constitute a separate offense. Proof of a culpable mental state shall not be
required. In the event that this ordinance is flagrantly violated by repeated offenses, the
Director of Public Works is authorized to order the pulling of the customer's water meter
until all fees and fines are paid."
SECTION 2. Ordinances 61 -2000 and 120 -2000 are hereby repealed in their
entirety.
SECTION 3. It is the intention of the City Council of the City of Wichita Falls,
Texas, that the provisions of this ordinance shall become a part of the Code of
Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may
be renumbered or relettered to accomplish such intention.
SECTION 4. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 15th day of May 2001.
ATTEST:
City Clerk
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05/15/01
Affidavit of Publication
THE STATE OF TEXAS
ORDINANCE NO. COUNTY OF WICHITA #1328075
35-2001
ORDINANCE REVIS-
(Pi ING THE CHARGE Here)
FOR RESIDENTIAL
CURBSIDE AUTO- 21st May, 2001
MATED SERVICE On thi. day �f
FROM $10.55 PER
MONTH TO $9.05
PER MONTH.
ORDINANCE NO. , A.D. personally appeared before me, the undersigned authority
39-2001
ORDINANCE OF Kathy Salan
THE CITY COUNCIL bookkeeper
OF THE CITY OF
WICHITA FALLS, for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
TEXAS, AMENDING
CHAPTER 32, WA- Times/Record News, a newspaper published at Wichita Falls in Wichita County,
TER AND SEWERS,
AT ARTICLE V DIVI-
SION 2, TO PRO- p Texas, and u being duly sworn by me, on oath states that the attached
VIDE FOR THE
REGULATION OF advertisement is a true and correct copy of advertising published
ON-SITE SEWAGE FACILITIES; R E- in one (1) issues thereof on the following dates:
PEALING ORDI-
NANCE NO.82-2000.
ORDINANCE NO. May20, 2001
40-2001
ORDINANCE RE-
CODIFYING CHAP-
TER 32, WATER
AND SEWERS, AT 1
ARTICLE V, DIVI-
SION 2, SECTION Bookkeeper for Tim Publishing Company
32-102 AS SECTION p g
22-37 OF ARTICLE
III, CHAPTER 22, of Wichita Falls
PARKS, RECRE-
ATION AND LAKES;
PROVIDING FOR (SEAL) Subscribed and sworn to before me this the day and year first above written:
INCLUSION IN THE
CODE; PROVIDING
FOR SEVERABILI-
TY.
ORDINANCE NO. A)3144-%_&--
45-2001 ,
ORDINANCE
AMENDING APPEN-
DIX C OF THE
CODE OF ORDI-
NANCES ADOPTING
COMMUNICATION ••
TOWER REGULA-
TIONS. ```
•
ORDINANCE NO. / '
52-2001 N•
AN ORDINANCE OF l'•
THE CITY COUNCIL •
OF THE CITY OF
WICHITA FALLS,
TEXAS, AMENDING
SECTION 32-34 OF
THE CODE OF OR-
DINANCES, RA- •
TIONING THE USE �
OF OUTSIDE WA-
TER WITHIN THE
CITY, REPEALING
ORDINANCE NOS.
61-2000 AND 120-2000;
PROVIDING A PEN-
ALTY PROVISION;
PROVIDING FOR
INCLUSION IN THE
CODE.
A