Ord. 1009-1 07-25-05ORDINANCE NO. 1009-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE PROCEDURES NECESSARY TO PROPERLY
IMPLEMENT AND ENFORCE THE CITY OF PEARLAND'S DROUGHT
CONTINGENCY 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 a Drought Contingency 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 procedures contained in Appendix A attached hereto and
incorporated herein for all purposes are hereby adopted in order to implement the
City's Drought Contingency Plan.
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
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ORDINANCE NO. 1009-1
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.
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
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ORDINANCE NO. 1009-1
PASSED and APPROVED ON FIRST AND ONLY READING this the 25th , of July,
A. D., 2005.
ATTEST:
UNG
Y S ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
July 25, 2005
Voting "Aye" — Owens, Cole and Marcott.
Voting "No" - None.
Motion passed 3 to 0, with Councilmember Tetens and Viktorin Absent.
PUBLICATION DATE:
EFFECTIVE DATE:
July 27, 2005
August 6, 2005
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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APPENDIX A
DROUGHT CONTINGENCY PLAN FOR
THE CITY OF PEARLAND
Section I: Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of water supply
facilities, with particular regard for domestic water use, sanitation, and fire protection, and to
protect and preserve public health, welfare, and safety and minimize the adverse impacts of
water supply shortage or other water supply emergency conditions, the City of Pearland hereby
adopts the following regulations and restrictions on the delivery and consumption of water.
Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are
considered to be non -essential and continuation of such uses during times of water shortage or
other emergency water supply conditions are deemed to constitute a waste of water which
subjects the offender(s) to penalties as defined in Section IX of this Plan.
The City's intent is to accommodate to the fullest extent possible water use required by
Commercial and Institutional establishments that is necessary and critical for the operation of
those establishments and to preserve the unrestricted use of water for fire suppression, other life -
safety uses, and Domestic Water Use.
Section II: Public Involvement
Opportunity for the public to provide input into the preparation of the Plan will be provided by
the City of Pearland. A notice was placed in the local newspaper and on the city's website
notifying the public of the Plan's availability for public review and comment.
Section III: Public Education
The City of Pearland will periodically provide the public with information about the Plan,
including information about the conditions under which each stage of the Plan is to be initiated
or terminated and the drought response measures to be implemented in each stage. This
information will be provided by means of letters, utility bill inserts, newsletter, website, press
releases and/or media, as methods to be used to provide information to the public about the Plan.
Section IV: Coordination with Regional Water Planning Groups
The service area of the City of Pearland is located within the Houston Region (H) and the City of
Pearland will provide a copy of this Plan to the Houston Region (H).
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Section V: Authorization
The City Manager, or his/her designee is hereby authorized and directed to implement the
applicable provisions of this Plan upon his/her determination that such implementation is
necessary to protect public health, safety, and welfare. The City Manager, or his/her designee,
shall have the authority to initiate or terminate drought or other water supply emergency
response measures as described in this Plan.
Section VI: Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing water
provided by the City of Pearland. The terms "person" and "customer" as used in the Plan
include individuals, corporations, partnerships, associations, and all other legal entities.
Section VII: Definitions
For the purposes of this Plan, the following definitions shall apply:
Aesthetic Water Use: water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Commercial and Institutional Water Use: water use, which is integral to the operations of
commercial and nonprofit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
Conservation: those practices, techniques, and technologies that reduce the consumption of
water, reduce the loss or waste of water, improve the efficiency in the use of water or increase
the recycling and reuse of water so that a supply is conserved and made available for future or
alternative uses.
Customer: any person, company, or organization using water supplied by City of Pearland.
Domestic Water Use: water use for personal needs or for household or sanitary purposes such as
drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or
institution.
Even Number Addresses: street addresses, box numbers, or rural postal route numbers ending in
0, 2, 4, 6, or 8 and locations without addresses.
Odd Numbered Addresses: street addresses, box numbers, or rural postal route numbers ending
in 1, 3, 5, 7, or 9.
Landscape Irrigation Use: water used for the irrigation and maintenance of landscaped areas,
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whether publicly or privately owned, including residential and commercial lawns, gardens, golf
courses, parks, and rights -of -way and medians.
Nonessential Water Use: water uses that are not essential nor required for the protection of the
public, health, safety, and welfare, including:
1. Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as
otherwise provided under this Plan.
2. Non -Commercial use of water to wash any motor vehicle, motorbike, boat, trailer, airplane
or other vehicle.
3. Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard -surfaced areas.
4. Use of water to wash down buildings or structures for purposes other than immediate fire
protection; flushing gutters or permitting water to run or accumulate in any gutter or street.
5. Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi -type
pools.
6. Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary
to support aquatic life.
7. Failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s).
8. Unmetered use of water from hydrants for any purpose other than fire fighting.
Section VIII: Triggering Criteria for Initiation and Termination of
Drought Response Stages
The City Manager, or his/her designee, shall monitor water supply and/or demand conditions on
a daily basis and shall determine when conditions warrant initiation or termination of each stage
of the Plan and shall implement the necessary action. Public notification of the initiation or
termination of drought response stages shall be by any of the means as described in Section III.
1. Stage 1 - Mild Water Shortage Conditions
A. Goal: Achieve a voluntary 20 percent reduction in total water use and/or daily water
demand.
B. Requirements for Initiation -
Condition 1:
Condition 2:
Customers shall be requested to voluntarily conserve water
and adhere to the prescribed restrictions on certain water uses
as defined in Section VII — Definitions, when one or a
combination of the following criteria occurs:
When total daily water demand equals or exceeds 70 percent of the current
available system operating capacity for three consecutive days.
When total daily water demand equals or exceeds 80 per cent of the
current available system operating capacity on a single day.
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Condition 3: Beginning July 1, unless rescinded by the City Manager or his/her designee.
C. Requirements for Termination - Stage 1 of the Plan may be rescinded when conditions 1
and 2 listed as triggering events have ceased to exist for a
period of seven consecutive days, or upon October 1.
D. Supply Management Measures:
1. Measures to be implemented directly by the City of Pearland to manage limited water
supplies and/or reduce water demand:
a. Reduced or discontinued flushing of water mains.
2. Voluntary Water Use Restrictions:
a. Water Customers are requested to voluntarily limit Landscape Irrigation Use to even
numbered days of the month for customers with a street address ending in an even
number (0, 2, 4, 6 or 8), and odd numbered days of the month for water customers with a
street address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only
between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 10:00 p.m. on
designated watering days, except:
1. Landscape Irrigation Use is permitted at anytime if it is by means of a faucet
filled bucket or watering can of five (5) gallons or less, or drip irrigation system.
b. Water Customers are requested to practice water Conservation and to minimize or
discontinue Non -Essential Water Use.
2. Stage 2 - Severe Water Shortage Conditions
A. Goal: Achieve an 25 percent reduction in total water use and/or daily water demand and
activate Stage 1.
B. Requirements for Initiation -
Customers shall be required to comply with the requirements
and restrictions on certain nonessential water uses for Stage 2
of this Plan when one or a combination of the following
criteria occurs:
Condition 1: When total daily water demand equals or exceeds 80 percent of the available
system operating capacity for three consecutive days.
Condition 2: When total daily water demand equals or exceeds 90 percent of the current
available system operating capacity on a single day.
C. Requirements for Termination - Stage 2 of the Plan may be rescinded when all of the
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conditions listed as triggering events have ceased to
exist for a period of seven consecutive days. Upon
termination of Stage 2, Stage 1 shall become operative.
D. Supply Management Measures:
1. Measures to be implemented directly by the City of Pearland to manage limited water
supplies and/or reduce water demand:
a. reduced or discontinued flushing of water mains,
b. reduced or discontinued irrigation of public landscaped areas;
2. Water use Restrictions: Under threat of penalty for violation, the following water use
restrictions shall apply to all persons:
a. Water Customers shall limit Landscape Irrigation Use with hose -end sprinklers or
automatic irrigation systems to even numbered days of the month for customers with a
street address ending in an even number (0, 2, 4, 6 or 8), and odd numbered days of the
month for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9),
and to only between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and
10:00 p.m. on designated watering days, except:
1. Landscape Irrigation Use is permitted at anytime if it is by means of a faucet filled
bucket or watering can of five (5) gallons or less, or drip irrigation system.
b. Water Customers shall limit Non -Essential Water Use to even numbered days of the
month for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and
odd numbered days of the month for water customers with a street address ending in an
odd number (1, 3, 5, 7 or 9), and only between the hours of 6:00 a.m. and 10:00 a.m. and
between 8:00 p.m. and 10:00 p.m. on designated watering, except:
1. Private motor vehicle washing, when allowed, shall be done with a hand-held bucket
or a hand-held hose equipped with a positive shutoff nozzle.
2. Vehicle washing may be done at any time on the immediate premises of a
Commercial car wash or commercial service station.
3. Vehicle washing may be exempted from these regulations if the health, safety, and
welfare of the public are contingent upon frequent vehicle cleansing, such as garbage
trucks and vehicles used to transport food and perishables.
3. Stage 3 - Emergency Water Shortage Conditions
A. Goal: Achieve a minimum of 35 percent reduction in total water use and/or daily water
demand.
B. Requirements for Initiation - Customers shall be required to comply with the
requirements and restrictions for Stage 3 of this Plan when
the City Manager, or his/her designee, determines that a
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Condition 1.
Condition 2.
Condition 3.
water supply emergency exists based on:
Major water line breaks, or pump or system failures occur, which cause
unprecedented loss of capability to provide water service; or
Natural or man-made contamination of the water supply source(s).
When total daily water demand equals or exceeds 91 per cent for three
consecutive days and/or the system pressure falls below 30 psi on any single
occasion.
C. Requirements for Termination — Stage 3 of the Plan may be rescinded when all of the
conditions listed as triggering events have ceased to exist.
D. Supply Management Measures:
1. Measures to be implemented directly by the City of Pearland to manage limited water
supplies and/or reduce water demand:
a. Reduced or discontinued flushing of water mains.
b. reduced or discontinued irrigation of public landscaped areas.
2. Water use Restrictions: Under threat of penalty for violation, the following water use
restrictions shall apply to all persons:
a. All Landscape Irrigation Use is prohibited.
b. All Non -Essential Water Use is prohibited.
c. All Aesthetic Water Use is prohibited.
d. All Commercial and Institutional Water Use Customers are encouraged to practice
Conservation measures, and may be required to cease certain operations as directed by
the City Manager or his/her designee.
Section IX: Notification
When any of the drought response stages are triggered or terminated, the City Manager or his/
her designee:
1. Shall notify the public by the following minimum means:
• Publication in newspaper(s) of general circulation.
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• Posting on the City website.
• Posting on CityView cable TV access channel.
2. May notify the public by the following additional means:
• Posting signs in public places.
• Placing messages on private business marquees.
• Utility bill inserts.
• Take home fliers at schools.
• Changeable message boards.
3. Shall notify the following individuals and entities:
• Mayor and Council Members.
• City department heads and supervisors.
• Major water customers.
Section X: Variances
The City Manager, or his/her designee, may, in writing, grant temporary variance for existing water
uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would
cause an emergency condition adversely affecting the health, sanitation, or fire protection for the
public or the person requesting such variance and if one or more of the following conditions are met:
(a) Compliance with this Plan cannot be technically accomplished during the duration of the
water supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of reduction in
water use.
Persons requesting an exemption from the provisions of this Ordinance shall file a petition for
variance with the City. All petitions for variances shall be reviewed by the City Manager, or his/her
designee, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief.
(d) Detailed statement as to how the specific provision of the Plan adversely affects the
petitioner or what damage or harm will occur to the petitioner or others if petitioner
complies with this Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to
take to meet the intent of this Plan and the compliance date.
(h) Other pertinent information.
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Variances granted by the City shall be subject to the following conditions, unless waived or modified
by the City Manager, or his/her designee:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has
failed to meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the
issuance of the variance.
Section XI: Enforcement and Penalty
1. No person shall knowingly or intentionally allow the use of water from the City for
residential, commercial, industrial, agricultural, governmental, or any other purpose in a
manner contrary to any provision of this Plan, or in an amount in excess of that permitted by
the drought response stage in effect at the time.
2. Any person who violates this Plan is guilty of a misdemeanor. 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). Each day that one or
more of the provisions in this Plan is violated shall constitute a separate offense. If a
person is convicted of three or more distinct violations of this Plan, the City Manager, or
his/her designee, shall, upon due notice to the customer, be authorized to discontinue
water service to the premises where such violations occur. Services discontinued under
such circumstances shall be restored only upon payment of normal re -connection charges
and any other costs incurred by the City in discontinuing service. In addition, suitable
assurance must be given to the City Manager, or his/her designee, that the same action
shall not be repeated while the Plan is in effect. Compliance with this plan may also be
sought through injunctive relief in the district court.
3. Any person in apparent control of the property where a violation occurs or originates
shall be presumed to be the violator, and proof that the violation occurred on the person's
property shall constitute a rebuttable presumption that the person in apparent control of
the property committed the violation, but any such person shall have the right to show
that he/she did not commit the violation.
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Notice of Public Hearing
Regarding the City of Pearland
Drought Contingency Plan
March 26, 2001
7:30 pm
City of Pearland City Council Chamber
3519 Pearland TX 77581
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