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Ord. 0980 07-31-00ORDINANCE NO. 980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING PROCEDURES NECESSARY TO PROPERLY IMPLEMENT AND ENFORCE THE CITY OF PEARLAND'S EMERGENCY WATER DEMAND MANAGEMENT PLAN; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROMOTE CONSERVATION OF THE POTABLE WATER SUPPLY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, a drought or other emergency conditions can disrupt the normal workings of the City of Pearland's water supply system; and WHEREAS, the City of Pearland has adopted an Emergency Water Demand Management Plan to promote conservation of its potable water supply; and WHEREAS, procedures are now needed to properly implement and enforce this Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the following procedures are hereby adopted in order to implement the Emergency Water Demand Management Plan: A. Duties of the City Manager. The City Manager shall monitor the usage level of the City's water supply system during the pendency of a drought or other emergency conditions that can strain the City's ability to supply water. If the usage level reaches 85% of the capacity of the City's water supply system, the City Manager shall declare that a mild condition has been reached and shall implement the appropriate conservation measures. If the usage level reaches 95% of the capacity of the City's water supply system, the City Manager shall declare a moderate condition and shall implement the appropriate conserva- tion measures. If the usage level reaches 100% or greater of the capacity 1 ORDINANCE NO. 980 of the City's water supply system, the City Manager shall declare a severe condition and shall implement the appropriate conservation measures. B. Emergency Water Demand Management Measures. Mild Conditions • Notify the public via appropriate forums calculated to reach as much of the public as possible, including without limitation the City's official newspaper, website, and cable access channel, that a mild condition has been reached, and that voluntary reduction in water use is strongly encouraged. Recommendations, such as a lawn watering schedule, should also be provided with the notices. • Reduce the watering at public parks to a minimum level. Moderate Conditions • Notify the public via appropriate forums calculated to reach as much of the public as possible, including without limitation the City's official newspaper, website, and cable access channel, that a moderate condition has been reached, and that a mandatory lawn watering schedule will be implemented immediately. Customers with even -numbered street addresses may water on even days of the month. Customers with odd -numbered street addresses may water on odd days of the month. Watering shall occur only between the hours of 6:00 am to 10:00 am and 8:00 pm to 10:00 pm. Severe Conditions • Notify the public via appropriate forums calculated to reach as much of the public as possible, including without limitation the City's official newspaper, website, and cable access channel, that a severe condition has been reached, and that all outdoor water use which is not required for health and safety, such as lawn watering and car 2 ORDINANCE NO. 980 washing, shall be prohibited. The City Manager shall have the authority to grant a variance to businesses such as nurseries for limited outdoor watering. C. Offense. Seven (7) days after the declaration of a moderate condition, it shall be illegal to violate the mandatory lawn watering schedule. Three (3) days after the declaration of a severe condition, it shall be illegal to violate the prohibition against outdoor water use unless a variance has been approved as provided above. In prosecutions under this subsection, no culpable mental state shall be required to be proven. Section 2. Declaration of Emergency. The Council finds and determines that the need to promote conservation of the potable water supply inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 3. Penalty. The first violation of this Ordinance shall not be punishable by a fine. Each subsequent violation of this Ordinance shall be punishable by a fine of Five Hundred Dollars ($500.00). Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. 3 ORDINANCE NO. 980 Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 7. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 8. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED on First and Only Reading this the 31' day of July, A.D., 2000. TOM REID MAYOR 4 ORDINANCE NO. 980 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 VOTING RECORD (FIRST AND ONLY READING JULY 31, 2000) Voting "Aye" - Voting "No" - Councilmembers Marcott and Seeger. Councilmember Owens. Motion passes 2 to 1, with Councilmembers Beckman and Wilkins absent. PUBLICATION DATE: AUGUST 2, 2000 EFFECTIVE DATE: AUGUST 12, 2000 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS