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City of Strawn New Drought Contingency Plan

Drought Contingency Plan

for the

City of Strawn

August 2014

Prepared by

TABLE OF CONTENTS

1.0Drought Contingency Plan

Section 2.1Declaration of Policy, Purpose, and Intent 1

Section 2.2Public Involvement 1

Section 2.3Water Customer Education 1

Section 2.4Coordination with Regional Water Planning Group 1

Section 2.5Authorization 1Section 2.6Application 2

Section 2.7Definitions 2

Section 2.8Criteria for Initiation/Termination of Drought Response Stages 3

Section 2.9Drought Response Stages 4

Section 2.10Enforcement 6

Section 2.11Variances 7

APPENDIX

Appendix AOrdinance Adopting Water Conservation and Drought Contingency Plan

Appendix BLetter to Regional Water Planning Group

1.0 DROUGHT CONTINGENCY PLAN

2.1Declaration 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 Strawn hereby adopts the following regulations and restrictions on the delivery and consumption of water through an ordinance (see Appendix A).

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 condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 2.10 of this Plan.

2.2Public Involvement

Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Strawn by means of scheduling and providing public notice of a public meeting to accept input on the Plan.

2.3Water Customer Education

The City of Strawn 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 public events, press releases or utility bill inserts.

2.4Coordination with Regional Water Planning Group

The service area of the City of Strawn is located within the Region G Planning Group and the City of Strawn has provided a copy of this Plan to the Region G Planning Group.

2.5Authorization

The Mayor, or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Mayor, 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.

2.6Application

The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of Strawn. The terms “person” and “customer” as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities.

2.7Definitions

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 non-profit 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 Strawn.

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 address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.

Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value.

Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.

Non-essential water use: water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:

(a)Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan;

(b)Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;

(c)Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;

(d)Use of water to wash down buildings or structures for purposes other than immediate fire protection;

(e)Flushing gutters or permitting water to run or accumulate in any gutter or street;

(f)Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;

(g)Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;

(h)Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and

(i)Use of water from hydrants for construction purposes or any other purposes other than fire fighting.

Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.

2.8Criteria for Initiation and Termination of Drought Response Stages

The Mayor, or his/her designee, shall monitor water supply and/or demand conditions on a monthly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in a newspaper of general circulation, direct mail to each customer and/or signs posted in public places.

The City owns and operates Lake Tucker which has a capacity of 2500 acre-feet. The triggering criteria described below are based on the estimated yield of the reservoir and past experience during drought periods. Triggering criteria will be initiated and implemented by the City of Strawn.

(a)Stage 1 - Drought Watch

Requirements for initiation - Customers shall be required to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section 2.7 - Definitions, when:

1. Water storage in the City’s reservoir is equal to or less than 65% of its active water supply capacity as determined by the City Public Works Department.

2.When reasonable estimates of current annual demands, coupled with inflows and evaporation representative of the drought of record, indicate that the amount of water supply in storage could be reduced during the next succeeding 12 month period to 50 percent or less of its total active water supply capacity.

Requirements for termination - Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 30 consecutive days. The City will notify the media of the termination of Stage 1 of the same manner as the notification of the implementation of Stage 1 of the Plan.

(b)Stage 2 - Drought Warning

Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 2.7 of this Plan when:

1.Water storage in the City’s reservoir is equal to or less than 50% of its active water supply capacity as determined by the City Public Works Department.

2.When reasonable estimates of current annual demands, coupled with inflows and evaporation representative of the drought of record, indicate that the amount of water supply in storage could be reduced during the next succeeding 12 month period to 30 percent or less of its total active water supply capacity.

Requirements for termination - Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 30 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. The City will notify the media of the termination of Stage 2 in the same manner as the notification of Stage 1 of the Plan.

(c)Stage 3 - Drought Emergency

Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this Plan when:

1.Water storage in the City’s reservoir is equal to or less than 30% of its active water supply capacity or when the remaining capacity is less than one year’s estimated demand as determined by the City Public Works Department.

Requirements for termination - Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 30 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City will notify the media of the termination of Stage 3 in the same manner as the notification of Stage 1 of the Plan.

2.9Drought Response Stages

The Mayor, or his/her designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 2.8 of the Plan, shall determine that a Stage 1, 2 or 3 condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation:

Stage 1 - Drought Watch

Supply Management Measures:

1.Inform public by mail and through the news media that a trigger condition has been reached and that water users should look for ways to reduce water consumption voluntarily.

2. Advise public of the trigger condition situation weekly.

3.Request water users to insulate pipes rather than allowing water to flow to keep pipe from freezing.

Stage 2 - Drought Warning

Supply Management Measures:

1.Continue implementation of all relevant actions in preceding phase.

2.Car washing, window washing, and pavement washing shall be prohibited except when a bucket is used.

3.A mandatory lawn watering schedule shall be implemented, so that customers will be required to limit outside watering to alternate days based on residents address as determined by City and not exceed once a week. A schedule should be published in all area newspapers and broadcast on local radio and television. Watering shall be limited to the hours of 6-10 a.m. and 8-10 p.m.

4.Shrubs and newly established lawn grasses may be watered with a hand held hose with a sprayer limiting nozzle discharge to 2.0 gpm.

5.The following public water uses, not essential for public health or safety, are prohibited:

Street washing

Water hydrant flushing

Filling pools

Golf course watering

Stage 3 - Drought Emergency

Supply Management Measures:

1.Prohibit all outdoor use.

2.RESIDENTIAL CUSTOMERS

Limited to 8,000 gallons per month

Surcharges will apply as follows:

•8,001 to 9,000 gallons normal rate plus $25

•9,001 to 10,000 gallons normal rate plus $50

•10,001 to 11,000 gallons normal rate plus $75

•Over 11,001 gallons normal rate plus $100 per additional 1,000 gallons

•The above charges are cumulative—example: 11,000 gallons would cost the normal rate plus $150

3. COMMERCIAL CUSTOMERS

Limited to 75% of their annual monthly use

Surcharges will apply according to the following schedule:

•75 to 80 percent of monthly average at twice the rate per gallon

•80 to 85 percent of monthly average at 3 times the normal rate per gallon

•85 to 100 percent of monthly average at 4 times the normal rate per gallon

•Over 100 % of the monthly average will be controlled by cut-off

3.City will investigate alternative water supplies and possible emergency supply sources.

2.10Enforcement

(a)No person shall knowingly or intentionally allow the use of water from the City of Strawn 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 pursuant to action taken by the Mayor, or his/her designee, in accordance with provisions of this Plan.

(b)Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than fifty dollars ($50) and not more than two hundred and fifty dollars ($250). 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 Mayor, 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 a re-connection charge, hereby established at $50, and any other costs incurred by the City of Strawn discontinuing service. In addition, suitable assurance must be given to the City of Strawn 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.

(c)Any person, including a person classified as a water customer of the City of Strawn, 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. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation.

(d)Any employee of the City of Strawn police officer, or other City employee designated by the Mayor, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than 10 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.

2.11Variances

The Mayor, 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 of Strawn within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Mayor, 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.

Variances granted by the City of Strawn shall be subject to the following conditions, unless waived or modified by the Mayor, 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.

APPENDIX A

ORDINANCE TO ADOPT WATER CONSERVATION AND

DROUGHT CONTINGENCY PLAN

ORDINANCE NO. 05-14

AN ORDINANCE OF THE CITY OF STRAWN, TEXAS, ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the City of Strawn, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought;

WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes;

WHEREAS, Sections 11.1271 and 11.1272 of the Texas Water Code and applicable rules of the Texas Commission on Environmental Quality require all public water supply systems in Texas to prepare a drought contingency plan; and

WHEREAS, as authorized under law, and in the best interests of the citizens of Strawn, Texas, the City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies;

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF STRAWN, TEXAS:

SECTION 1.

That the City of Strawn, Texas Water Conservation and Drought Contingency Plan attached hereto as Exhibit “A” and made part hereof for all purposes be, and the same is hereby, adopted as the official policy of the City.

SECTION 2.

That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.

SECTION 3.

Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional.

SECTION 4.

This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides.

DULY PASSED BY THE CITY OF STRAWN, TEXAS, on the ___________ day of ______________, 20__.

APPROVED:

____________________________

MAYOR

ATTESTED TO:

____________________________

CITY SECRETARY

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