Ordinance No. 9,002Published in the Baytown Sun 20.000928 -1
Wednesday, October 4, 2000 and
Thursday, October 5, 2000 ORDINANCE NO. 9002
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A WATER CONSERVATION/DROUGHT
CONTINGENCY PLAN FOR THE CITY OF BAYTOWN; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, in cases of extreme drought, periods of abnormally high usage, system
contamination, or extended reduction in ability to supply water due to equipment failure,
temporary restrictions may be instituted to limit nonessential water usage; and
WHEREAS, the purpose of the Drought Contingency Plan is to encourage. customer
conservation in order to maintain supply, storage, or pressure; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby adopts the
Drought Contingency Plan (the "Plan "). A copy of such Plan is attached hereto as Exhibit "A"
and made a part hereof for all intents and purposes.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 4: That any person violating the provisions of this ordinance shall, upon
conviction, be fined in any sum not to exceed FIVE HUNDRED AND NO /100 DOLLARS
($5:00.00).
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
20000928 -1a
® INTRODUCED, READ and PASSED by the affirmative vote of the City of Baytown this
the 28th day of September, 2000.
/ /Z' r, C. o--
PETE C. ALFARO, Mayor
ATTEST:
G - . SNs =TH, City Clerk
APPROVED AS TO FORM:
et6INACIO RAMIREZ, ity Attorney
0 c:\MyDocuments\ Council\ 99 -00\ September\ AdoptDroughtContingencyPlanForCity
Pa
® DROUGHT CONTINGENCY PLAN
FOR THE
L-1
CITY OF BAYTOWN
(Name of utility)
09 -05 -00
(Date)
Section 1 Declaration of Policy, Purpose, and Intent
In cases of extreme drought, periods of abnormally high usage, system contamination, or extended
reduction in ability to supply water due to equipment failure, temporary restrictions may be instituted
to limit non - essential water usage. The purpose of the Drought Contingency Plan is to encourage
customer conservation in order to maintain supply, storage, or pressure or to comply with the
requirements of a court, government agency or other authority.
Section 2 Public Involvement
Opportunity for the public to provide input into the preparation of the Plan was provided by:
The City Council Meeting took place at:
Date: September 28th, 2000
Time: 6.30 p.m.
Place: CITY HALL
Section 3 Public Notification
The City of Baytown 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.
Drought plan information will be provided by: -
�P Public meeting
q� Press releases
Model Drought Contingency Plan for IOUs - 5/31/00
EMIBr, A
Section 4 Coordination with Regional Water Planning Groups
The service area of the City of Baytown is located within:
Regional Water Planning Group (RWPG) — Region H
City of Baytown has mailed a copy of this Plan to the RWPG
Section 5 Notice Requirements
The City Manager, upon recommendation of the Director of Public Works/Utilities or his/her
designee, shall determine whether conditions warrant implementation and /or termination of
the Plan and recommend accordingly to the Mayor. Changes in water supply conditions due
to unanticipated higher ,water usage, weather, or other developments may necessitate changes
in the implementation of different stages.
Termination of any stage may occur when all of the conditions listed as implementation
criteria for that stage have ceased to exist for a period of time as determined by the City
Manager upon recommendation of the Director of Public Works/Utilities or his /her designee.
The utility must notify the TNRCC by telephone at (512) 239- 6020, or electronic mail at
watermon @tnrcc.state.U.us prior to implementing the program and must notify in writing
the Public Drinking Water Section at MC - 155, P.O. Box 13087, Austin, Texas 78711 -3087
within five (5) working days of implementation including a copy of the utility's restriction
notice. The utility must file a status report of its restriction program with the TNRCC every
30 days that restriction continues.
Section 6 Violations
First violation - The customer will be notified by written notice of their specific violation.
2. Subsequent violations:
After written notice, the City of Baytown may assess a fine up to $500.00 per
violation as outlined in the City of Baytown Code of Ordinances Sec 1 -14.
2. After the third violation, the City of Baytown may discontinue service at the meter
for a period of seven (7) days, or until the end of the calendar month, whichever is
LESS. The normal reconnect fee of the City of Baytown will apply for restoration
of service.
Model Drought Contingency Plan for IOUs - 5/31/00 2
® Section 7 Exemptions or Variances
r:
The utility may grant any customer an exemption or variance from the drought contingency plan for
good cause upon written request. A customer who is refused an exemption or variance may appeal
such action of the utility in writing to the Texas Natural Resource Conservation Commission. The
utility will treat all customers equally concerning exemptions and variances, and shall not
discriminate in granting exemptions and variances. No exemption or variance shall be retroactive
or otherwise justify any violation of this Plan occurring prior to the issuance of the variance.
Section 8 Response Stages
Unless there is an immediate and extreme reduction in water production, or other absolute necessity
to declare an emergency or severe condition, the utility will initially declare Stage I restrictions. If,
after a reasonable period of time, demand is not reduced enough to alleviate outages, reduce the risk
of outages, or comply with restrictions required by a court, government agency or other authority,
Stage Il may be implemented with Stage III to follow if necessary.
STAGE I - ALERT:
Stage 1 will begin:
• Temporary interruption in the flow of the Coastal Water Authority Canal or
supply from the Baytown Area Water Authority Plant.
• Any unforeseen conditions that may occur that cause the Director of Public
Works/Utilities to notify the City Manager of this abnormal condition.
Utility Measures:
This announcement will be designed to increase monitoring and appraisal by
designated officials and to review and update existing contingency plan. A copy of the
current public announcement on water conservation awareness shall be kept on file
available for inspection by the TNRCC.
Voluntary Water Use Restrictions:
Water customers are requested to voluntarily limit the use of water for non - essential
purposes and to practice water conservation.
STAGE II - MILD WATER USE RESTRICTIONS:
Stage 2 will begin:
Supply -Based Triggers
Model Drought Contingency Plan for IOUs - 5/31/00 3
C]
• Short -term interruption in the flow of the Coastal Water Authority
Canal or supply from the Baytown Area Water Authority.
Demand- or Capacity -Based Triggers
• Average treatment plant flow at BAWA in excess of 85% of the plant's
capacity for three consecutive days.
• Continually falling ground and elevated storage tank levels that do not
refill before reaching a critical level.
• Major line breaks that require an extended repair time.
• Pump system failure that causes unprecedented loss of capability to
provide service.
• Any unforeseen condition that may occur that causes the Director of
Public Works /Utilities to recommend implementation of voluntary
water rationing to the City Manager.
Upon initiation and termination of Stage 2, the City of Baytown will give a press release
making a public announcement to its customers. In addition TNRCC
will be given notice as required.
Requirements for termination
Stage 2 of the Plan may end when all of the conditions listed as triggering events have
ceased to exist for a period up to three (3) consecutive days. Upon termination of Stage
2, Stage 1 becomes operative.
Utility Measures:
►� Visually inspect lines on a daily basis and repair leaks and repair leaks as soon as
possible.
►� Monitor water usage of residential and commercial entities.
The second water source for the City of Baytown is:
• The City of Baytown's Wells. The well will operate only on an as needed basis
for emergency situations.
Voluntary Water Use Restrictions: Upon announcement and implementation by the
Mayor, the following shall apply to all persons:
1. Promote voluntary conservation efforts.
2. Inform the public through the news media that stage 2 of the drought contingency
plan has been enacted and advise the public of locations where literature can be
obtained that will advise them of ways to conserve water.
Model Drought Contingency Plan for IOUs - 5/31/00 4
►� Literature located at the Municipal Service Center, the Utility Billing Office,
the Library and the BAWA lobby.
3. On a voluntary basis, irrigation by all commercial, industrial and residential
customers utilizing individual sprinklers or sprinkler systems of lawns, gardens,
landscaped areas, trees, shrubs or other plants is permitted only on odd - numbered
days if your address is odd numbered or even numbered days if your address is even
numbered. Irrigation is permitted during the hours of 8:00 p.m. to 10:00 a.m.
Irrigation is not permitted between the hours of 10:00 a.m. to 8:00 p.m.
STAGE III - MODERATE WATER USE RESTRICTIONS:
Stage 3 will begin:
Supply -Based Triggers
• Extended interruption in the flow of the Coastal Water Authority Canal or the
supply from the Baytown Area Water Authority Plant.
Demand- or Capacity -Based Triggers
• Average treatment plant flow at BAWA in excess of 85% of the plant's capacity
for five consecutive days.
• Continually falling ground and elevated storage tank levels that do not fully
recover over night.
• Major line breaks that severely interrupt the supply of water to the distribution
system.
• Pump system failure that causes unprecedented loss of capability to provide
service.
• Any unforeseen condition that may occur that causes the Director of Public
Works/Utilities to recommend the implementation of mandatory rationing to the
City Manager.
Upon initiation and termination of Stage 3, the utility will give a press release making
a public announcement. In addition TNRCC will be given notice as
required.
Requirements for termination
Stage 3 of the Plan may end when all of the conditions listed as triggering events have
ceased to exist for a period up to three (3) consecutive days. Upon termination of Stage
3, Stage 2 becomes operative.
Model Drought Contingency Plan for IOUs - 5/31/00
Utility Measures:
• Visually inspect lines on a daily basis and repair leaks as soon as possible.
• Flushing is prohibited except for dead end mains.
• Prepare all city well's for operation.
• Monitor water usage of residential and commercial entities.
Mandatory Water Use Restrictions: The following water use restrictions shall apply to
all customers.
1. Irrigation by all commercial, industrial and residential customers utilizing individual
sprinklers or sprinkler systems of lawns, gardens, landscaped areas, trees, shrubs or
other plants is prohibited except on odd - numbered days if your address is odd -
numbered and even - numbered days if your address is even numbered during the
hours between 8:00 p.m. and 10:00 a.m. However, irrigation of landscaped areas is
permitted at anytime if it is by means of a hand -held hose, a faucet filled bucket or
watering can of five (5) gallons or less, or drip irrigation system. Soaker hoses are
prohibited during Stage 3, except when used to water the foundation of a structure.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle is prohibited except on designated watering days between the hours of 8:00
p.m. and 10:00 a.m. Such washing, when allowed, shall be done with a hand -held
bucket or a hand -held hose equipped with a positive shutoff nozzle for quick rinses.
Vehicle washing may be done at any time on the immediate premises of a
commercial car wash or commercial service station. Further, such washing may be
exempted from these regulations if the health, safety, and welfare of the public is
contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used
to transport food and perishables.
3. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading
pools, or "Jacuzzi" type pools is prohibited except on designated watering days
between the hours of 8:00 p.m. and 10:00 a.m.
4. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is
prohibited except where necessary to support aquatic life or where such fountains or
ponds are equipped with a re- circulation system.
5. Use of water from hydrants or flush valves shall be limited to maintaining public
health, safety, and welfare.
6. Use of water for the irrigation of golf courses, parks, and green belt areas is
prohibited except by hand held hose and only on designated watering days between
the hours 8:00 p.m. and 10:00 a.m.
7. The following uses of water are defined as non - essential and are prohibited:
0
Model Drought Contingency Plan for IOUs - 5/31/00 6
a. Wash down of any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard - surfaced areas;
b. Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
c. Use of water for dust control;
d. Flushing gutters or permitting water to run or accumulate in any gutter or
street; and
e. Failure to repair a controllable leak(s) within a reasonable period after
having been given notice directing the repair of such leak(s).
f. Use of Soaker Hoses except when used to water the foundation of a
structure.
STAGE IV - CRITICAL WATER USE RESTRICTIONS:
Stage 4 will begin:
Supply -Based Triggers
Loss of capability to provide water service from BAWA for an extended period
of time.
• Water supply totally dependent on the City's Wells
Demand- or Capacity -Based Triggers
Upon initiation and termination of Stage 4, the City of Baytown will give a press
release to the news media making a public announcement to its customers. In
addition the TNRCC will be given notice as required.
Requirements for termination:
Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering
events have ceased to exist for a period of three (3) consecutive days. Upon termination
of Stage 4, Stage -3 becomes operative.
Operational Measures:
The utility shall visually inspect lines and repair leaks on a daily basis. Flushing is
prohibited except for dead end mains and only between the hours of 8:00 p.m. and
10:00 a.m. Emergency interconnects or alternative supply arrangements shall be' initiated.
All meters shall be read as often as necessary to insure compliance with this program for the
benefit of all the customers. The wells will be placed in operation.
Mandatory Water Use Restrictions:
1. All outdoor use of water is prohibited.
Model Drought Contingency Plan for IOUs - 5/31/00 7
•
CERTIFICATION FILE COPY
I, Gary W. Smith, the duly appointed and acting City Clerk of the City of
Baytown, Harris County, Texas, do hereby certify and attest that as part of my duties, I
do supervise and act as lawful custodian of the records of the City of Baytown; that the
attached document is a true and correct copy of Ordinance No. 9002
ORDINANCE NO. 9002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A WATER CONSERVATION/DROUGHT
CONTINGENCY PLAN FOR THE CITY OF BAYTOWN; REPEALING
•
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NOD/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Adopted by the City Council at its meeting held on September 28, 2000.
WITNESS MY HAND AND SEAL of the City on October 10, 2000.
Gary . Smith, City Clerk
(SEAL)
•
•
cert\Ordinance\Ord 9002