Ord 11-2009 2/3/2009 ORDINANCE NO. 11-2009
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, REPEALING ORDINANCE 29-2004, AND ADDING
ADDITIONAL DROUGHT CONTINGENCY TRIGGERS; AND 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. 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 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.
SECTION 2. 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 twice 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.
SECTION 3. 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.
SECTION 4. 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.
SECTION 5. 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.
SECTION 6. 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.
SECTION 7. 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.
SECTION 8. 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.
SECTION 9. 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.
SECTION 10. 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.
SECTION 11. 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 12. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this, the 3rd day of February, 2009.
MAY R
ATTEST:
City Clerk