HomeMy WebLinkAboutOrdinance - 2016-O0182 - Amending Chapter 22 - Drought Response Stages - 12/15/2016First Reading
December 15,2016
Item No.7.1 ORDINANCE NO.2016-00182
Second Reading
January 12,2017
Item No.6.6
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES,CITY OF LUBBOCK,TEXAS,WITH REGARD TO THE DROUGHT
RESPONSE STAGES; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A
SAVINGS CLAUSE;AND PROVIDING FOR PUBLICATION.
WHEREAS, the City of Lubbock, Texas (the "City"), recognizes that the amount of
water available to the City and its water utility customers is limited; and
WHEREAS,the City has adopted a Water Conservation Plan and Drought and
Emergency Contingency Plan (the "Water Use Management Plan"); and
WHEREAS,the City Council of the City of Lubbock,Texas deems it in the best
interest of the health,safety,and welfare of the citizens of Lubbock to make the following
amendments to Chapter 22 of the Code of Ordinances with regard to amending the Water
Use Management Plan to amend the drought response stages in a manner that best facilitates
the conservation of water within the City;NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 22.08.039(c)of the Code of Ordinances of the City of Lubbock,
Texas,is hereby amended to read as follows:
(c) In an effort to manage annual and maximum daily water use, the water conservation
program establishes the following water use standards for outdoor landscape irrigation:
(1) Landscape irrigation is allowed to occur twice each week and only between
the hours of 6:00 p.m. to 10:00 a.m. from April 1st through September 30th.
Landscape irrigationfrom October 1st through March 31st shall not be limited
to the hours of 6:00 p.m. to 10:00 a.m. so as to allow for irrigation during
periods when the ambient temperature rises above 35°F.Landscape irrigation
year-round schedules are based on the last digit of the property address:
(A)Properties with an address ending in 0, 3, 4, or 9 may water on
Monday and Thursday.
(B)Properties with an address ending in 1, 5, or 6 may water on Tuesday
and Friday.
(C)Properties with an address ending in 2, 7, or 8 may water on
Wednesday and Saturday.
(D)No landscape irrigation is allowed on Sundays.
Commercial customers with larger landscapes may apply for a variance in the
event that they are unable to complete the necessary irrigation cycles during
the designated days and times.
(2)Summer irrigation should provide a maximum of 1.5 inches per zone per
week.
Water Use Management Plan Amendment-2016 (11-16-16)Page 1 of 10
(3) Winter irrigation may occur only when temperatures are above 35°F so as not
to cause a freezing hazard and should provide a maximum of 1.0 inch per
zone per month for dormant grasses (i.e. Bermuda) and 1.0 inch per zone
every two weeks for cool season grasses (i.e. Fescue).
(4) Irrigation should occur without water runoff. This may be accomplished by
correctly cycling the sprinkler system and allowing time for the water to soak
into the landscape between irrigation events.
(5) Hand watering for landscape irrigation purposes is allowed on a daily basis
regardless of the time of year and regardless of the time during the day.
(6) New plant material may be irrigated on a more frequent basis until the new
plant material is established as defined in section 22.03.133(a)(4) of this Code
of Ordinances related to the operation of irrigation systems.
SECTION 2. THAT Section 22.08.078(b) of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
(b) The triggering criteria below are based on an evaluation of the historical water system
capacities and customer use patterns, and consider the impact of drought,
emergencies, and high use upon capacities and patterns.
(1) Stage 1 - mild water shortage conditions.
(A) Requirements for initiation. Stage 1 of the plan shall be implemented if
any of the following conditions arise:
Daily water use exceeds 80% of the city's maximum daily supply
capacity from all sources for 10 consecutive days;
(B) Requirement for termination. Stage 1 restrictions may be rescinded 10
days after all initiation conditions have ceased to exist as determined
by the city manager or his/her designee.
(2) Stage 2 - moderate water shortage conditions.
(A) Requirements for initiation. Stage 2 of the plan shall be implemented if
any of the following conditions arise:
Daily water use exceeds 90% of the city's maximum daily supply
capacity from all sources for ten consecutive days;
(B) Requirement for termination. Stage 2 restrictions may be rescinded 10
days after all initiation conditions have ceased to exist as determined
by the city manager or his/her designee. When stage 2 is terminated,
stage 1 automatically becomes effective.
Water Use Management Plan Amendment-2016 (11-16-16) Page 2 of 10
(3) Stage 3 - severe water shortage conditions.
(A) Requirements for initiation. Stage 3 of the plan shall be implemented if
any of the following conditions arise:
Daily water use exceeds 100% of the city's maximum daily supply
capacity from all sources for five consecutive days;
(B) Requirement for termination. Stage 3 restrictions may be rescinded 10
days after all initiation conditions have ceased to exist as determined
by the city manager or his/her designee. When stage 3 is terminated,
stage 2 automatically becomes effective.
(4) Stage 4 - emergency water shortage conditions.
(A) Requirements for initiation. Stage 4 of the plan shall be implemented if
any of the following conditions arise:
(i) Daily water use exceeds 105% of the city's maximum daily
supply capacity from all sources for five consecutive days;
(ii) There has been a failure in a major water supply source or
system, such as the failure of a dam, storage reservoir,
pumping system, transmission pipeline, water treatment
facility, major power failure, or natural disaster that causes a
severe and prolonged limit on the ability of the water supply
system to meet the water supply demands; or
(iii) A water supply source has been contaminated.
(B) Requirement for termination. Stage 4 restrictions may be rescinded
after all initiation conditions have ceased to exist as determined by the
city manager or his/her designee. When stage 4 is terminated, the city
manager or his/her designee shall determine what stage is applicable.
SECTION 3. THAT Section 22.08.079 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 22.08.079 Drought response stages
The city manager, or his/her designee, shall monitor water supply and/or demand
conditions and, in accordance with the triggering criteria set forth in section
22.08.078 above, shall determine that mild, moderate, or severe water shortage
conditions exist or that an emergency condition exists and shall implement the
following actions. The city shall notify the executive director of the TCEQ within five
business days of the implementation of any mandatory provisions of the plan.
Water Use Management Plan Amendment-2016 (11-16-16) Page 3 of 10
(a) Stage 1 - mild water shortage conditions.
(1) Target. Reduce water use to less than 80% of the city's maximum
daily supply capacity.
(2) Best management practices for supply management.
(A) The city may reduce or discontinue the flushing of water mains
as well as utilize reclaimed water for non -potable purposes
where practicable.
(B) Wholesale customers are required in specific contract
provisions to implement these measures as well as any other
measures specified in the wholesale supply contract to better
manage a limited water supply. Contract provisions requiring
wholesale customers to implement mandatory drought
restrictions consistent with the city will be added into any new
contract or contract revision.
(3) Water use restrictions for reducing demand.
(A) Landscape irrigation is restricted to two days per week between
the hours of 9:00 p.m. and 9:00 a.m. Landscape irrigation from
October I` through March 315` shall not be limited to the hours
of 9:00 p.m. to 9:00 a.m. so as to allow for irrigation during
periods when the ambient temperature rises above 35 OF.
Landscape irrigation schedules are based on the last digit of the
property address:
(i) Properties with an address ending in 0, 3, 4, or 9 may
water on Monday and Thursday.
(ii) Properties with an address ending in 1, 5, or 6 may
water on Tuesday and Friday.
(iii) Properties with an address ending in 2, 7, or 8 may
water on Wednesday and Saturday.
Commercial customers with larger landscapes may apply for a
variance in the event that they are unable to complete the
necessary irrigation cycles during the designated days and
times.
(B) Irrigation shall provide a maximum of 1.5 inches per zone per
week.
(C) Irrigation shall occur without water runoff, which can be
accomplished by correctly cycling the sprinkler system and
allowing time for the water to soak into the landscape between
irrigation events.
Water Use Management Plan Amendment-2016 (11-16-16) Page 4 of 10
(D) All city operations shall adhere to the water use restrictions.
(E) Hand watering for landscape irrigation purposes is allowed on
a daily basis regardless of the time of year and regardless of the
time during the day.
(F) New plant material may be irrigated on a more frequent basis
until the new plant material is established as defined in section
22.03.133(a)(4) of this Code of Ordinances related to the
operation of irrigation systems. Variances shall not be granted
for grasses used to overseed existing lawns.
(G) The city manager, or his/her designee, will contact wholesale
water customers to discuss water supply and/or demand
conditions and will request that wholesale water customers
initiate measures to reduce water use (i.e., implement stage 1 of
the customer's drought contingency plan).
(b) Stage 2 - moderate water shortage conditions.
(1) Target. Reduce water use to less than 90% of the city's maximum
daily supply capacity.
(2) Best management practices for supply management.
(A) The city will reduce or discontinue the flushing of water mains
as well as utilize reclaimed water for non -potable purposes
where practicable.
(B) Wholesale customers are required in specific contract
provisions to implement these measures as well as any other
measures specified in the wholesale supply contract to better
manage a limited water supply. Contract provisions requiring
wholesale customers to implement mandatory drought
restrictions consistent with the city will be added into any new
contract or contract revision.
(3) Water use restrictions for reducing demand.
(A) Landscape irrigation is restricted to one day per week between
the hours of 8:00 p.m. and 8:00 a.m. Landscape irrigation from
October 1 st through March 3 1 " shall not be limited to the hours
of 8:00 p.m. to 8:00 a.m. so as to allow for irrigation during
periods when the ambient temperature rises above 35°F.
Landscape irrigation year-round schedules are based on the last
digit of the property address:
Water Use Management Plan Amendment-2016 (11-16-16) Page 5 of 10
(i) Properties with an address ending in 0 or 9 may water
on Monday.
(ii) Properties with an address ending in 1 may water on
Tuesday.
(iii) Properties with an address ending in 2 may water on
Wednesday.
(iv) Properties with an address ending in 3 or 4 may water
on Thursday.
(v) Properties with an address ending in 5 or 6 may water
on Friday.
(vi) Properties with an address ending in 7 or 8 may water
on Saturday.
Commercial customers with larger landscapes may apply for a
variance in the event that they are unable to complete the
necessary irrigation cycles during the designated days and
times.
(B) Irrigation shall provide a maximum of 1.0 inches per zone per
week.
(C) Irrigation shall occur without water runoff, which can be
accomplished by correctly cycling the sprinkler system and
allowing time for the water to soak into the landscape between
irrigation events.
(D) Water customers will limit aesthetic and non -essential water
use as defined in section 22.08.003 of this Code of Ordinances.
Water shall not be used to wash down hard surfaced areas,
including, without limitation, sidewalks, parking lots, gutters,
and patios. Except where such action is performed for health
and safety reasons. Water shall not be used for dust control.
However, water may be used for construction or to clean
surfaces for painting.
(E) All city operations shall adhere to the water use restrictions.
(F) Hand watering for landscape irrigation purposes is allowed on
a daily basis regardless of the time of year and regardless of
time of day.
(G) New plant material may be irrigated on a more frequent basis
until the new plant material is established as defined in section
22.03.133(a)(4) of this Code of Ordinances related to the
operation of irrigation systems. Variances shall not be granted
for grasses used to overseed existing lawns.
Water Use Management Plan Amendment-2016 (11-16-16) Page 6 of 10
(H) The city manager, or his/her designee, will request wholesale
water customers to initiate mandatory measures to reduce
nonessential water use (i.e., implement stage 2 of the
customer's drought contingency plan).
(c) Stage 3 - severe water shortage conditions.
(1) Target. Reduce water use to less than 100% of the city's maximum
daily supply capacity.
(2) Best management practices for supplermanagement.
(A) The city will reduce or discontinue the flushing of water mains
as well as utilize reclaimed water for non -potable purposes
where practicable.
(B) Wholesale customers are required in specific contract
provisions to implement these measures as well as any other
measures specified in the wholesale supply contract to better
manage a limited water supply. Contract provisions requiring
wholesale customers to implement mandatory drought
restrictions consistent with the city will be added into any new
contract or contract revision.
(3) Water use restrictions for reducing demand.
(A) Landscape irrigation shall not occur more than one day per
month and not for more than 1.5 inches per zone. The city
manager, or his/her designee, may designate the irrigation
schedule.
(B) Irrigation shall occur without water runoff, which can be
accomplished by correctly cycling the sprinkler system and
allowing time for the water to soak into the landscape between
irrigation events.
(C) Water customers will refrain from aesthetic and non -essential
water use as defined in section 22.08.003 of this Code of
Ordinances. Water shall not be used to wash down hard
surfaced areas, including, without limitation, sidewalks,
parking lots, gutters, and patios. Water shall not be used for
dust control. Pools and hot tubs may not be filled or drained
and refilled.
(D) Use of water from fire hydrants shall be limited to firefighting
or other related activities necessary to maintain public health,
safety, and welfare. Under the direction of the city manager,
Water Use Management Plan Amendment-2016 (11-16-16) Page 7 of 10
use of water from fire hydrants for construction purposes may
be allowed by permit.
(E) All city operations shall adhere to the water use restrictions.
(F) Hand watering for landscape irrigation purposes is allowed on
a daily basis regardless of the time of year and regardless of
time of day.
(G) The city manager, or his/her designee, will contact wholesale
water customers to discuss water supply and/or demand
conditions and will request that wholesale water customers
initiate additional mandatory measures to reduce non -essential
water use (i.e., implement stage 3 of the customer's drought
contingency plan).
(d) Stage 4 - emergency water shortage conditions.
(1) Target. Reduce water use to less than 50% of the city's maximum
daily supply capacity.
(2) Best managementpractices for supply management.
(A) The city will discontinue the flushing of water mains,
discontinue the irrigation of public landscaped areas, and will
utilize reclaimed water for non -potable purposes where
practicable.
(B) In addition, in the event of a large-scale system failure or if the
source water supply is contaminated, the city may truck in
additional fresh water supplies as appropriate.
(C) Wholesale customers are required in specific contract
provisions to implement these measures as well as any other
measures specified in the wholesale supply contract to better
manage a limited water supply. Contract provisions requiring
wholesale customers to implement mandatory drought
restrictions consistent with the city will be added into any new
contract or contract revision.
(3) Water use restrictions for reducing demand.
(A) All aesthetic and non -essential water use, as defined in section
22.08.003 of this Code of Ordinances, including landscape
irrigation use, is prohibited except where necessary to protect
the health, safety, and welfare of the public. No new landscape
material may be installed.
Water Use Management Plan Amendment-2016 (11-16-16) Page 8 of 10
(B) All city operations will adhere to the water use restrictions.
(C) The city may reduce water system pressure to conserve water.
(D) All wholesale water customers will be encouraged to
implement stage 4 of their drought contingency plans.
(4) In addition, whenever emergency water shortage conditions exist as
defined in section 22.08.078 of this Code of Ordinances, the city
manager, or his/her designee(s), shall:
(A) Assess the severity of the problem and identify the actions
needed and the time required to solve the problem;
(B) Inform the utility director or other responsible official of each
wholesale water customer by telephone, email, or in person and
suggest actions, as appropriate to alleviate problems (i.e.,
notification of the public to reduce water use until service is
restored);
(C) If appropriate, notify city, county, and/or state emergency
response officials for assistance;
(D) Undertake necessary actions, including repairs and/or clean-up
as needed; and
(E) Prepare a post -event assessment report on the incident and
critique of emergency response procedures and actions.
SECTION 4. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by a fine and in the manner as set forth in Section 1.01.004 of the
City of Lubbock Code of Ordinances.
SECTION 5. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 6. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance as an
alternative means of publication provided by law.
Water Use Management Plan Amendment-2016 (11-16-16) Page 9 of 10
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 15th day of December , 2016.
Passed by the City Council on second reading this 1 nth day of Ta„1iqrv, 9017 ,fir
"y
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
L. Wo " Frafiklin, P.E., Director oTPublic Works
Aubrey A. S r, P.E., Dirg&or of Water Utilities
APPROVED AS TO FORM:
y L. Km;,- De ty Ci ey
L��
Water Use Management Plan Amendment-2016 (11-16-16) Page 10 of 10