Ord 061-2000 6/6/2000ORDINANCE NO. (, -
AN ORDINANCE REPEALING ORDINANCE 124 -99, AND RATIONING
THE USE OF OUTSIDE WATER WITHIN THE CITY OF WICHITA
FALLS; PROVIDING A PENALTY PROVISION; DECLARING AN
EMERGENCY; 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 is in the
worst drought of record; and
WHEREAS, it is necessary to implement water rationing as part of the City's
long -term Drought Contingency 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. When the lake levels reach a combined capacity of 50% it shall be
unlawful for any person, firm, corporation or other entity to:
a. 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 water rationing zone map, a copy of which is
attached hereto; and except that landscape watering is permitted any day
with a hand held hose, soaker hose, bucket (5 gallon or less), watering can or
drip irrigation system. Testing and trouble shooting of irrigation systems is
permissible any time as long as a licensed plumber, or irrigator, is present on
location during testing (and visible to the ticket writer). 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.
b. Run outside irrigation (any type of outside watering) on any day of the week
between 11:00 A.M. and 6:00 P.M.
c. 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.
d. 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.
e. Conduct fundraising car washes during the time the drought warning is in
effect.
f. Wash sidewalks, driveways, or concrete slabs unless an immediate health or
safety risk is present.
g. Provide drinking water to customers of restaurants, bars or clubs unless the
customer requests such water.
h. Residential automatic sprinkler systems shall be set at no more than 10
minutes per zone and may not be run more than three times per zone per
day.
SECTION 2. A waiver of Section 1 -A 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 Utilities
Department, 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. Waivers for customers with automatic
sprinkler systems will have a time limit of 10 minutes per zone, three times per day.
Persons that 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 Agricultural Extension Service (TAMU) web page at http://aggie-
horticulture .tamu.edu/extension /xeriscape and in their Xeriscape Bulletin B- 1584 -7 -98.
Compost is available from the City of Wichita Falls Organics Recycling Facility located
at the landfill. 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.
SECTION 3. 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 %.
SECTION 4. 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 Mayor announces the end to the
restrictions.
SECTION 5. The Mayor is hereby authorized to 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 levels in the lakes rise to a
level, when combined with the long term forecast, that assures the City an adequate
supply of water. When an adequate supply of water is available the Mayor will
announce the end to each respective stage of the restrictions.
SECTION 6. 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 customers water meter
until all fees and fines are paid.
SECTION 7. The fact that public health and safety will be adversely affected
unless the ordinance takes immediate effect, creates an emergency requiring that the
ordinance shall take effect immediately (or as soon as administratively possible), and it
is so ordained.
SECTION 8. This ordinance repeals Ordinance 124 -99 of the City of Wichita
Falls. An offense committed before the effective date of this ordinance is governed by
Ordinance 124 -99, and Ordinance 124 -99 continues in effect solely for that purpose.
SECTION 9. 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 6th day of June 2000.
M YOR
ATTEST:
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City Clerk
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Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA 1153415
(Here)
ORDINANCE No. On this 12th day of June 2000 personally
AN RE-
PEALING G ORDINANCE appeared before me, the undersigned authority, Saundra Barnett,
124-99, AND RATION-
ING THE USE OF OUT- bookkeeper for the Times Publishiri Companyof Wichita Falls,
SIDE WATER WITHIN P g
THE CITY OF WICHIIDING A
A publishers of the Wichita Falls Times/Record News, a newspaper
FALLS; PROVIDING A
E L R N" ' NDCARGA published at Wichita Falls in Wichita County, Texas, and upon
EMERGENCY; AND
FINDING AND DETER- being duly sworn by me, on oath states that the attached
MINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS advertisement is a true and correct copy of advertising published in
PASSED WAS OPEN TO
THE PUBLIC AS R E- one (1) issues thereof on the following dates : June 11 th, 2000.
QUIRED BY LAW.
CdOW4A‘/-441-at
Saundra Barnett
Bookkeeper for the Times Publishing
Company of Wichita Falls
(Seal) Subscribed and sworn to before me this the day and year first above written:
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