Ord 15-2009 2/17/2009 ORDINANCE NO. I�'J
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, REPEALING ORDINANCE NO. 11-2009 AND
AMENDING SECTION 106-186 OF THE WICHITA FALLS CODE OF
ORDINANCES BY ADDING ADDITIONAL DROUGHT CONTINGENCY
TRIGGERS; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, it is required by the Texas Commission on Environmental Quality to
have on record an approved Drought Contingency Plan with various activities at
increasing Stages of drought; and,
WHEREAS, the City of Wichita Falls Water Resources Commission has
reviewed and approved the 2008 City of Wichita Falls Water Conservation/Drought
Contingency Plan that contains these Stages; and,
WHEREAS, at its February 3, 2009 meeting, the City Council passed Ordinance
No. 11-2009, in an attempt to repeal Ordinance 29-2004 (codified as Sec. 106-186 in
the Code) and replace it with new language, including additional drought contingency
triggers; and,
WHEREAS, such Ordinance No. 11-2009 did not contain language necessary to
properly effect such repeal and recodification; and,
WHEREAS, the Council now desires to repeal Ordinance No. 11-2009 and
amend the current Section 106-186 as written below.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1.
hereby amended
follows:
Chapter 106, Utilities, of the Wichita Falls Code of Ordinances is
at Section 106-186, so that such section shall hereafter read as
"Sec. 106-186. Water shortage; authority of department.
(a) It shall be unlawful for any persor. corporation or other entity, at any
time of the year, to: `
(1) Run outside spray type irriga�ion 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 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 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,
or the irrigation system is designed by a licensed professional
recognized by the state to design such systems plans shall be
made available to the city building officials.
(4) Provide drinking water to customers of restaurants, bars, or clubs
unless the customer requests such water.
(b) When the levels of Lakes Arrowhead and Kickapoo reach a combined
capacity of 60 percent (or the demand exceeds design treatment capacity for three
days, or the demand equals 105 percent of design treatment capacity), or the water
supply system is unable to deliver water due to mechanical failure or damage of major
water system components which will require more than 72 hours to repair when dry
weather conditions exist and continued dry weather are expected over the course of the
repair period a Drought Watch will be initiated. The following actions shall occur under
the direction of the Director of Public Works:
(1) The City Council and other City Departments will be notified of the
impending problem and the proposed immediate and future actions.
(2) 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.
(3) Notify Parks Department to reduce their watering scheduling to
finrice per week.
(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 levels of Lakes Arrowhead and Kickapoo near a combined
capacity of 50 percent, the City shall mail a copy of this section and the water rationing
zone map, with a cover letter describing the drought conditions, to each water account.
(d) When the levels of Lakes Arrowhead and Kickapoo reach a combined
capacity of 50 percent (or the demand exceeds design treatment capacity for three
days, or the demand equals 110 percent of design treatment capacity, after a Drought
Watch has been declared), or the water supply system is unable to deliver water due to
mechanical failure or damage of major water system components (which require more
than 48 hours to repair) while a Drought Watch is in progress, a Drought Warning will be
initiated. The following actions shall occur under the direction of the Director of Public
Works:
(1) 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 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 at any
time with a hand held hose, soaker hose, bucket (five
gallons 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 11:00
a.m. to 6:00 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.
b. Run any type of outside watering on any day of the week
between 11:00 a.m. and 6:00 p.m., except as authorized by
subsection (d)(1).
c. 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.
d. Conduct fundraising car washes during the time the Drought
Warning is in effect.
e. Wash sidewalks, driveways, or concrete slabs unless an
immediate health or safety risk is present.
(2) A Drought Emergency Task Force shall be formed for guidance
through the remainder of the drought and to interface with the
public.
(3) All non-essential operational use of water by City of Wichita Falls
staff should be suspended, such as flushing water mains, street
sweeping, water jet cleaning of sanitary sewer mains, fire fighter
training, etc.), except where such use of water is critical to the
health and safety of the citizens.
(4) Notify Parks Department to reduce watering to once per week or
only enough water to support their trees, which ever is less. Parks
Department will allow grass to turn brown.
(5) Notify all wholesale customers of the situation and ask each to
adopt similar reduction goals for their systems in accordance with
their individual contracts with the City of Wichita Falls. Pro rata
curtailment by wholesale customers will be based upon their
contractual limits as provided in Texas Water Code § 11.039.
(e) When the levels of Lakes Arrowhead and Kickapoo reach a combined
capacity of 40 percent (or the demand exceeds design treatment capacity for four
weeks, or the demand equals 115 percent of design treatment capacity, after a Drought
Warning has been declared), or the water supply system is unable to deliver water due
to mechanical failure or damage of major water system components (which require
more than 24 hours to repair) while a Drought Warning is in progress, a Drought
Emergency will be initiated. The following actions shall occur under the direction of the
Director of Public Works:
(1) Tighten restrictions on non-essential outdoor uses of water
(sprinkling, gardening, washing of cars, filling public/private
swimming pools) to fewer days per week.
(2) Monitor all Fire Hydrant Meters that are for contractor use, to
determine what conservation can be achieved through this type of
water usage.
(3) Specify and impose mandatory reductions on wholesale (raw &
treated) water customers in accordance with Texas Water Code §
11.039.
(4) Begin establishing a program for a Drought Disaster, which will
allow restriction on the essential uses of water and prepare for
implementation.
(fl When mandatory restrictions on non-essential uses does not adequately
slow withdrawal of water from the lakes and when the levels of Lakes Arrowhead and
Kickapoo reach a combined capacity of 30 percent (or the demand exceeds 120
percent of design treatment capacity, after a Drought Emergency has been declared), or
the water supply system is unable to deliver water due to mechanical failure or damage
of major water system components (which require more than 12 hours to repair) while a
Drought Emergency is in progress, or the water system is contaminated either
accidentally or intentionally, or the water system fails from acts of nature or man, a
Drought Disaster will be initiated. The Director of Public Works shall impose mandatory
restrictions on essential uses of water and take the following actions to include, but not
limited to:
(1) Place a total ban on the outdoor use of water for non-essential
uses. This shall include the possible removal of all irrigation meters
from residences and businesses.
(2) All Hydrant Meters for contractor use will be pulled and service
suspended until conditions return to a Drought Emergency status.
(3) Continue the aggressive public relations and education program.
(4) Implement enforceable restrictions on essential uses as developed
during the Drought Emergency.
(g) A waiver of subsection (d)(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 30-day time period. This waiver will
not be available when the combined lake levels are at or below 40 percent. Any person
wishing such a waiver must make application to the City Public Works Department and
pay a$50.00 nonrefundable fee. The applicant must agree to pay a water rate that is
three 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 Organics Recycling Facility
located at the landfill daily through a registered vendor network, and periodically to
qualified members of 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 Buffalo grass, Zoysia
grass and Bermuda grass.
(h) 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 percent 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.
(i) A water conservation surcharge will be applied to all residential accounts
when the 50 percent and 40 percent trigger levels are reached. At 50 percent 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 percent
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.
(j) 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.
(k) Any person, firm, corporation or other entity found in violation of any
provision of this section shall be punished by a fine of $25.00 for the first offense; not
more than $500.00 for the second offense; and not more than $1,000.00 for each
offense thereafter. Each fine shall be in addition to any applicable court costs. Each day
of violation of this section shall constitute a separate offense. Proof of a culpable mental
state shall not be required. In the event that this section 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. Ordinance 11-2009 is repealed in its entirety.
SECTION 3. 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 17 day of February, 2009.
AYOR
ATTEST:
ity Clerk
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QRDINANCE NO.
ORDNiA� OF
THE CITY GWNCIL
OF THE ,tITY OF
WICHITA FALLS,
TEXAS, REPEAL-
ING ORDINANCE
NO. 11-2009 AND
AMENDING SEC-
TION 106-186 OF
THE WICHITA
FALLS CODE OF
ORDINANCES BY
ADDING P,DDITION—
AL DROUGHT CON—
T.INGENCY TRIG-
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THE STATE OF TEXAS #230661
COUNTY OF WICHITA
On this 23' day of February 2009 A D...
personally appeared before me, the undersigned authority
Katl�y Salan, Sales Assistant for the Times Publishing
Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in
Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof :
on the following date:
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