Ord. 0732 06-24-96ORDINANCE NO. 732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, IMPLEMENTING THE EMERGENCY WATER DEMAND
MANAGEMENT PLAN; PROVIDING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING A
PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO CONSERVE AND PROTECT THE
CITY'S WATER SUPPLY BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
WHEREAS, the City has experienced a water demand that exceeds 80% of its
supply capacity as a result of recent droughts in the area which has caused a crisis
in providing water to Pearland citizens; and
WHEREAS, the City has adopted an Emergency Water Demand Management
Plan pursuant to Resolution No. R96-36 to alleviate said crisis; and
WHEREAS, such a plan has been formally submitted to the Texas Water
Development Board for approval in connection with a Utility System Capital
Improvements Program to expand and upgrade the City's wastewater treatment plant
capacity and wastewater collection system; and
WHEREAS, because immediate relief is not apparent, the City Council believes
that it is in the best interest of the City of Pearland to implement such plan to reduce
and control the demand on the City's water supply; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the Pearland Emergency Water Demand Management Plan
attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby
implemented.
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ORDINANCE NO. 732
Section 2. The Council finds and determines that the need to conserve and
protect the City's water supply bears directly upon the health, safety and welfare of
the citizenry, therefore this Ordinance shall be adopted as an emergency measure, and
the rule requiring this Ordinance to be read on two (2) separate occasions is hereby
waived.
Section 3. 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 4. 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 5. All ordinances and parts of ordinances in conflict herewith are
hereby repealed but only to the extent of such conflict.
Section 6. Any person, firm or corporation who shall violate or fail to comply
with the provisions of the mandatory water use restrictions which have been formally
initiated by the City and contained in the Pearland Emergency Water Demand
Management Plan as implemented hereby shall be deemed guilty of a misdemeanor,
and shall, upon conviction by a court of competent jurisdiction, be punished by a fine
not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each
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ORDINANCE NO. 732
and every day any such violation continues shall be deemed to constitute a separate
offense.
Section 7. 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. 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 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 thec day of
, A.D., 1996.
ATTEST:
NDA C. BENITEZ
CITY SECRETARY
APPRO: ED AS TO FORM:
Y M'TE MCCULLUUGH
CITY A ORNEY
0),./L
TOM REID
MAYOR
VOTING RECORD
JUNE 24, 1996
Voting "Aye" -
Voting "No" -
(FIRST AND ONLY READING
Councilmembers Beckman,
Tetens, Richardson,
Wilkins & Cole
None
Motion passed 5 to 0.
PUBLICATION DATE: JULY 3, 1996
EFFECTIVE DATE: JULY 12, 1996
PUBLISHED AS REQUIRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
Exhibit A - Emergency Water Demand Management Man
Overview
A drought or other emergency conditions can disrupt the normal workings of the City's
water supply system. As part of the overall conservation program, a Emergency Water
Demand Management Plan should be prepared for such times. The Emergency Water
Demand Management Plan deals with temporary methods to control the emergency
situation as it unfolds. The City's Emergency Water Demand Management Plan will
include the following items as outlined by the TWDB:
• Trigger conditions signaling the onset of an emergency, and the basis for setting
various levels of severity.
• Emergency water demand management measures associated with respective
trigger conditions
• Information and education
• Initiation procedures
• Termination procedures
• Means of implementation
Trigger Conditions
Mild Conditions
The City demand reaches eighty-five (85) percent of the capacity of the water
distribution system. The water supply is still adequate, but the water levels are low
enough that there is a possibility that the supply situation may become critical 11 the
drought or emergency continues.
Moderate Conditions
The City demand reaches ninety-five (95) percent of the capacity of the water
distribution system. Failure of a pump or some other piece of equipment could cause a
serious disruption of service to all or part of the system.
Severe Conditions
The City demand reaches one hundred (100) percent or greater of the capacity of the
water distribution system. The imminent or actual failure of a major component of the
system has occurred which will cause an immediate health or safety hazard.
Page 1of 3
Exhibit A - Emergency Water Demand Management Plan
Emergency Water Demand Management Measures
Mild Conditions
• Inform the public through the news media that trigger conditions have been reached
and that they should look for ways to voluntarily reduce water use. Specific
recommendations shall be provided through the news media.
• Advertise a voluntary lawn watering schedule and reduce the watering at public
parks to a minimum level.
Moderate Conditions
• Continue implementation of all relevant actions in preceding phase.
• Institute a mandatory lawn watering schedule as follows:
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 am to 10 am and 8 pm to 10
pm.
• Public water uses, not essential to the health or safety of the community, shall be
prohibited such as hydrant flushing, filling of pools, and park watering.
Severe Conditions
• Continue implementation of all relevant actions in the preceding phase.
• All outdoor water use will be prohibited which is not required for health and safety
such as lawn watering and car washing. The Administrator shall have the authority
to grant a variance to businesses such as nurseries for limited outdoor watering.
• Consider adoption of an emergency ordinance to implement water rationing or
surcharges for excessive water use.
Page 2 of 3
Exhibit A - Emergency Water Demand Management Plan
Information and Education
Mild Conditions
• Article in local newspaper informing the public of the need to conserve water and
that a trigger condition has been reached. Inform the public of future possible
actions if the condition continues to get worse.
Moderate Conditions
• Advise the public that the next trigger condition has been reached. Inform the public
of future possible actions if the condition continues to get worse.
• Public notice of mandatory watering schedule and enforcement measures in the
local newspaper.
Severe Conditions
• Advise the public that the next trigger condition has been reached. Update the
public daily on the situation through local news media.
Initiation Procedures
The Administrator shall monitor the water usage of the distribution system. When a
trigger condition is reached, the Administrator will notify the proper authority to begin
the implementation of the appropriate step in the Emergency Water Demand
Management Plan.
Termination Procedures
When the emergency situation has passed for at least five consecutive days, then the
Administrator shall notify the public of the downgrade in trigger conditions or the
removal of the Emergency Water Demand Management Plan completely. The
notification shall be made through the local news media.
Means of Implementation
The Emergency Water Demand Management Plan shall be implemented through an
appropriate resolution passed by the City Council and the passage of an ordinance
establishing the excess water use rate, the lawn watering schedule, the prohibition
against all outside water use, the conditions under which each can be initiated by the
Administrator and the enforcement of penalties and fines for violations.
Page 3 of 3
TO:
OFFICE OF Tfl CITY SECRETARY
CITY OF PEARLAJID, TEXAS
RICHARD BURDINE DAM: JULY 3, 1996
ASSISTANT CITY MANAGER
At the City Council meeting held on ,uINF 24 995
the following natter was referred to you for appropriate disposal
or for specific action as indicated below:
ORDINANCE NO. 732 - EMERGENCY WATER DEMAND MANAGEMENT PLAN
Documents Attached:
ORD. 732
CC: CYNTHIA ELLIS
JIMMY CAUSEY
da C. Bonitos, City S
CC:act
tary
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. ) Date %-.? 19 4G
No. Date 19
No. Date 19
No. Date 19
No. Date 19
3112241 azitc4n01,00
Editor
Subscribe and worn to before me this day of ` /.
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