HomeMy WebLinkAboutORD 1997-033 „�a,.� ORDINANCE NO. 9�-33
;,�, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES,
ARTICLE V. DROUGHT CONTINGENCY PLAN; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The City of Grapevine has had a Drought Contingency Plan in effect
to effectively manage the eventuality of a drought or other curtailment of the potable water
system since July 19, 1988; and
WHEREAS, modification of the plan will allow for a higher degree of effectiveness
.�-� in the event of a potable water shortage emergency; and
� WHEREAS, the Water Development Board has reviewed and approved the plan
modifications; and
WHEREAS, it is imperative to the health and welfare of the citizens of Grapevine
to have potable water for domestic purposes; and
WHEREAS, the City Staff requests the City Council approve the modifications to
the existing Drought Contingency Plan Ordinance and incorporate the modifications in a
new Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this ordinance are true and
correct and are hereby incorporated into the body of this ordinance as if copied in their
entirety.
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Section 2. That the Grapevine Code of Ordinances is hereby amended by
amending Chapter 25 Utilities and Services, Article V. Drought Contingency Plan as shown
�,,,o„ on the attached Exhibit "A”, attached hereto and made a part hereof as if copied in its
entirety.
.� Section 3. That all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect; provided,
however, that the ordinance or ordinances under which the cases currently filed and
� pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed
only when all such cases filed and pending under such ordinance or ordinances have been
disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal.
Section 4. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 5. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 6. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
�� and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
� emergency for the immediate preservation of the public business, property, health, safety
�,,, and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the �st day of April , 1997.
APPROVED:
William D. Tate
Mayor
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ORD. NO. g7-33 2
� ATTEST:
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Linda uff '
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr. '
City Attorney
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�,,, EXHIBIT "A" TO ORD. NO. �/"l-�-3
� CHAPTER 25, UTILITIES AND SERVICES
ARTICLE V. DROUGHT CONTINGENCY PLAN
DIVISION 1. GENERALLY
Sec. 25-134. Scope.
There is hereby established a City of Grapevine Drought Contingency Plan. (Ord.
No. 88-49, 1,7-19,88)
Sec. 25-135. Declaration of policy.
It is hereby declared that, because of the water conditions prevailing in the City of
Grapevine, the general welfare requires that the water resources available to the city be
put to the maximum beneficial use to the extent to which they are capable, and that the
waste or unreasonable use, or unreasonable method of use, of water be prevented, and
the conservation of such water is to be extended with a view to the reasonable and
beneficial use thereof in the interests of the people of the City of Grapevine and for the
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; public health and welfare.
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�""'�` Sec. 25-136. Authorization.
The director of public works ("director") is hereby authorized and directed to
implement the applicable provisions of this article upon the conditions stated in this article
and upon his determination that such implementation is necessary to protect the public
health and welfare and safety.
Sec. 25-137. Application.
The provisions of this article shall apply to all persons, customers and property
utilizing City of Grapevine water, wherever situated.
DIVISION 2. CONSERVATION STAGES
Sec. 25-137. Water conservation stages.
(a) No customer of or person who uses water from the City of Grapevine water
�"`" department ("department") shall knowingly make, cause, use or permit the use of water
received from the city for residential, commercial, industrial, agricultural, governmental or
� any other purpose in a manner contrary to any provision of this article, or in an amount in
excess of that use permitted by the conservation stage in effect pursuant to action taken
ORD. NO. 97-33 �
�,., EXHIBIT "A" TO ORD. NO. �f'I-�-�
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by the director in accordance with the provisions of this article.
(b) The director shall promulgate guidelines which shall set forth the criteria for
determining when a particular conservation stage is to be implemented and terminated.
Such guidelines shall be updated when, in the opinion of the director, the conditions of the
department have changed so as to necessitate such update. The director shall include in
such guidelines a calendar symbol system designating allowed days for outdoor water use
by customers. Said guidelines shall be available for inspection at the city secretary's office
and the water department billing office during normal business hours.
Sec. 25-139. Voluntary conservation - mild condition.
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This section has been deleted in its entirety.
Sec. 25-140. Stage 1, mandatory compliance - moderate condition.
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� Stage 1 moderate condition is attained when the surface water demand
reaches (90% of pum�ing capacity - City of Grapevine/Trinity River Authority water
�"""` treatment plants).
� j� Production at the combined City of Grapevine and Trinity River Authoritv
surface water treatment�lant reduced to a�oint such that the aggreqate surface water
ORD. NO. 97-33 2
�,,, EXHIBIT "A" TO ORD. NO. gt���
� demand of the system is ninety percent (90%) of the reduced pumping capacity.
(1) All outdoor irrigation of vegetation, including lawns, by portable sprinklers
shall occur only befinreen the hours of 6:00 A.M. to 10:00 A.M. and 7:00 P.M. to 10:00 P.M.
on a designated outdoor water use day, which shall be once every five days. All outdoor
irrigation of vegetation, including lawns, by permanently installed automatic sprinkler
systems shall occur only between the hours of 12:00 Midnight and 7:00 A.M. on
designated outdoor water use days. Irrigation by hand-held hoses, drip irrigation or hand
held buckets is permitted anytime. The above restrictions do not apply to the irrigation of
commercial nurseries, commercial sod farms and similarly situated commercial
establishments. Said establishments will be requested to curtail all nonessential water
use. It shall be within the director's discretion to institute this subsection of section 25-140.
(2) The washing of automobiles, trucks, trailers, boats, airplanes and other types
of mobile equipment is prohibited, except on designated outdoor water use days between
the hours of 12:00 midnight to 12:00 noon and 7:00 pm to 12:00 midnight. 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. The nozzle shall be removed when the hose is
�� not in use. However, this restriction does not apply to the washing of the above listed
vehicles or mobile equipment when conducted on the immediate premises of a commercial
�""" car wash, a commercial service station or private fleet washing facility. Furthermore, this
restriction shall not apply to the washing of automobiles, trucks, trailers, boats, airplanes
and other types of mobile equipment (such as garbage trucks and vehicles to transport
food and perishables) when said washing is necessary on a more regular and frequent
basis in order to protect the health, safety and welfare of the public. The washing of each
individual automobile, truck, trailer, boat, airplane and/or any other type of mobile
equipment in violation of the terms and conditions of this restriction constitutes a separate
violation under this article.
(3) The washing or sprinkling of foundations is prohibited, except on designated
outdoor water use days between the hours of 7:00 P.M. and 12:00 midnight.
(4) Refilling or adding of water to swimming and/or wading pools is prohibited.
However, this restriction does not apply to public swimming pools and wading pools not
equipped with filtration and recirculation equipment, which must be drained and filled daily
pursuant to health regulations.
�"""" (5} The operation of any ornamental fountain or other structure making similar
use of water is prohibited.
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(6) The use of water for irrigation of golf greens and tees is prohibited, except
ORD. NO. 97-33 3
� EXHIBIT "A" TO ORD. NO. �'�3
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on designated outdoor water use days befinreen the hours of 12:00 midnight to 12:00 noon
and 7:00 p.m. and 12:00 midnight. The irrigation of golf course fairways is absolutely
prohibited.
(7) The use of water for fire hydrants shall be limited to fire-fighting related
activities and/or other activities necessary to maintain the health, safety and welfare of the
citizens of Grapevine. This restriction does not apply to businesses which require the use
of water for land development and building construction processes. Pursuant to written
approval by the director, said businesses shall be allowed to purchase and draw water
from fire hydrants designated for such use by the water department.
(8) The following uses of water are defined as "waste of water" and are
absolutely prohibited:
a. Allowing water to run off into a gutter, ditch or drain; or
b. Failing to repair a controllable leak;
c. Washing sidewalks, driveways, parking areas, tennis courts, patios
or other paved areas except to alleviate immediate health or fire
� � hazards.
�"" Provided, however, that none of the Stage 1 restrictions shall apply
to the following uses of water:
d. The routine and necessary use of water, other than for landscape
irrigation, by a governmental entity in pursuit of its governmental
functions for the benefit of the public, such as for capital improvement
construction projects and for the cleaning of streets to prevent debris
and harmful substances from entering water systems via storm
sewers;
e. The routine and necessary use of water, other than for landscape
irrigation, for land development (e.g. roadway base preparation,
flushing of utility lines, dust control, concrete and asphalt work) and
for building construction processes;
f. The necessary use of water for the routine maintenance and/or repair
of water distribution facilities, residential and commercial plumbing
and permanently installed landscape irrigation systems;
g. The use of water necessary to irrigate large, landscaped areas in
commercial and institutional establishments, as authorized by the
director pursuant to section 25-144 hereof. In no event, however,
�"'"" shall a permit be approved if the terms and conditions therein do not
meet or exceed the purpose and intent of the drought continency
� plan; and
h. The use of water necessary for the establishment of specially
ORD. NO. 97-33 4
�, EXHIBIT "A" TO ORD. NO. �17--��
� permitted landscaping in new residential and commercial
development, as set forth in the terms and conditions of a permit
issued by the director pursuant to section 25-144 hereof.
However, the uses of water listed above in (h) shall not be allowed upon implementation
of Stage 2 or Stage 3 restrictions, unless specifically authorized by the terms and
conditions of a permit applied for and approved under Stage 2 or Stage 3, whichever is
implemented. Under no circumstances shall permits be issued in Stage 4 for the use of
water necessary for the establishment of landscaping in new, residential and commercial
development (as set out in (h) above).
(9) The washing of automobiles, trucks, trailers, boats, airplanes or other types
of mobile equipment upon the immediate premises of a commercial car wash, commercial
service station or private fleet washing facility shall occur only between the hours of 12:00
noon to 5:00 p.m.
Sec. 25-141. Stage 2, mandatory compliance - severe condition.
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Ja� Stage 2, severe condition is attained when the surface water demand
reaches (95% of �umpinq capacity City of Grapevine/Trinity River Authority water
treatment �lantsl.
� Production at the City of Grapevine/Trinity River Authority surFace water
treatment plant is reduced to a point such that the aggreqate surface water demand of the
�stem is 100�ercent �00%) of the reduced pumping capacity.
(1) The use of water excluded from the restrictions under Stage 1 and
listed under section 25-140(8)(h) as allowable uses of water are prohibited,
unless specifically approved and authorized pursuant to a permit granted
under Stage 2; except that permits for the use of water necessary for the
"""'"" establishment of landscaping in new, residential and commercial
development shall only be issued to landscape professionals licensed by the
� Texas Department of Agriculture. The authority to use water under the terms
and conditions of a permit shall be null and void upon implementation of
ORD. NO. 97-33 5
�,,, EXHIBIT "A" TO ORD. NO. �j�3
�` Stage 3 of the drought contingency plan. A new and separate application for
a permit must be submitted for approval upon implementation of Stage 3.
(2) The washing of automobiles, trucks, trailers, boats, airplanes an other
types of mobile equipment is prohibited, except on designated outdoor water
use days between the hours of 6:00 a.m. to 10:00 a.m. and 7:00 p.m. to
10:00 p.m. Such washing, when allowed, shall be done with a hand-held
bucket or hand-held hose equipped with a positive shutoff nozzle for quick
rinses. The nozzle shall be removed when the hose is not in use. However,
this restriction does not apply to the washing of the above-listed vehicle or
mobile equipment when conducted on the immediate premises of a
commercial car wash, a commercial service station or private fleet washing
facility. Furthermore, this restriction shall not apply to the washing of
automobiles, trucks, trailers, boats, airplanes and other types of mobile
equipment (such as garbage trucks and vehicles to transport food and
perishables), when said washing is necessary on a more regular and
frequent basis in order to protect the health, safety and welfare of the public.
(The washing of each individual automobile, truck, trailer, boat, airplane
�� and/or other type of mobile equipment in violation of the terms and
conditions of this restriction constitutes a separate violation under this
�"' article.
(3) All restaurants are prohibited from serving water to their customers,
except when specifically requested by the customer.
Sec. 25-142. Stage 3, mandatory compliance - critical condition.
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.� Stage 3, critical condition is attained when the surface water demand (7 day
""� period) exceeds�100% of pumpin� capaci� - City of Grapevine/Trinity River Authority
water treatment plants).
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,� Production at the City of Grapevine/Trinity River Authority plants reduced
ORD. NO. 97-33 6
�,� EXHIBIT "A" TO ORD. NO. 97�3
�` to a�oint such that aggregate surface water demand of the system exceeds the reduced
production, including a complete failure of the �lant to produce any water.
(1) All outdoor irrigation of vegetation, including lawns, by hand-held
buckets shall shall occur only befinreen the hours of 6:00 A.M. to 10:00 A.M.
and 7:00 P.M. to 10:00 P.M. on designated outdoor water use days.
Irrigation using individual sprinkler systems is prohibited.
(2) The washing of automobiles, trucks, trailers, boats, airplanes and
other types of mobile equipment not occurring upon the immediate premises
of a commercial car wash, a commercial service station or private fleet
washing facility and not in the immediate interest of public health, safety and
welfare shall be prohibited.
(3) The washing of automobiles, trucks, trailers, boats, airplanes or other
types of mobile equipment upon the immediate premises of a commercial car
wash, a commercial service station or private fleet washing facility and not
� � in the immediate interest of public health, safety and welfare shall occur only
� between the hours of 12:00 noon and 5:00 p.m.
(4) Commercial nurseries, commercial sod farms and similarly situated
commercial establishments shall water only on designated days between the
hours of 10:00 a.m. and 5:00 p. m. and shall utilize only hand-held hoses,
drip irrigation systems or hand-held buckets.
(5) The filling, refilling or adding of water to swimming and/or wading
pools is prohibited.
(6) The draining and filing of public swimming and wading pools not
equipped with filtration and recirculation equipment is prohibited; said pools
shall be closed.
(7) The operation of any ornamental fountain or similar structure is
prohibited.
(8) All restaurants are prohibited from serving water to their customers,
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except when specifically requested by the customer.
(9) The uses of water excluded from the restrictions under Stage 1 and
� listed thereunder as allowable uses of water pursuant to section 25-
140(8)(h) are prohibited, unless specifically approved and authorized
ORD. NO. 97-33 7
�, EXHIBIT "A" TO ORD. NO. �I'7 3 3
�` pursuant to a permit granted under Stage 3; except that no permits shall be
issued for the use of water necessary for the establishment of landscaping
in new, residential and commercial development.
(10) In addition to the regulations regarding the use of water, a user
surcharge may be implemented by city council action for excess water use
as determined by the city council.
DIVISION 3. ENFORCEMENT, IMPLEMENTATION
Sec. 25-143. Presumption.
For purposes of this article, it shall be presumed that a person, corporation or
association, in whose name the water department of the city is or was last billed or who
is receiving the economic benefit of said water supply, has knowingly made, caused, used
or permitted the use of water received from the city for residential, commercial, industrial,
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agricultural, governmental or any other purpose in a manner contrary to any provision of
this article, or in an amount in excess of the use permitted by the conservation stage in
effect, or in a manner contrary to the terms and conditions of a permit issued by the
�"' director, if the water has been used in a manner contrary to any provision of this article,
or in an amount in excess of the use permitted by the conservation stage in effect, or in a
manner contrary to the terms and conditions if a valid permit issued by the director.
Sec. 25-144. Permits.
(a) The director shall review hardships and special cases which cannot follow
the letter of this article. The director shall review such hardships or special cases and
determine whether or not said case warrants a permit to use water in contravention of this
article. The director shall consider the facts of each case and decide whether to grant a
permit, within five (5) working days of the receipt of a properly completed "Application for
Permit" form. A permit shall be granted only for reasons of economic hardship, which is
defined as a threat to an individual's or business's primary source of income. (But under
no circumstances shall inconvenience or the potential for damage of landscaping be
considered an economic hardship which justifies a permit.) The director shall authorize
only the implementation of equitable water use restrictions which further the purpose and
intent of the drought contingency plan. The special water use restrictions authorized by
the director in each special or hardship case shall be set forth on the face of the permit.
'�"'" A fee of twenty-five dollars ($25.00) per permit application shall be assessed to defray
administrative costs.
� (b) A permit issued under Stage 1 of this article shall not be valid upon
ORD. NO. 97-33 8
„�, EXHIBIT "A” TO ORD. NO. �`�Z�3
� implementation of Stage 2 or Stage 3 of this article. A permit expires under its own terms
and conditions and/or when another stage of the drought contingency plan is in effect. A
separate application for a permit must be submitted at each stage of the drought
contingency plan.
(c) Any person, corporation or association who is issued a permit and makes use
of the water utility of the city pursuant to said permit shall provide proof of said permit upon
demand by any peace officer or person authorized by the city to enforce this article. Upon
conviction of violating any provision of this article, the director may revoke any permit
previously granted under this article. Provided, however, the director shall notify applicant
of the proposed revocation five (5) working days before taking such action, and that
applicant be given the opportunity to be heard by the director prior to taking such action.
(d) Any person, corporation or association may appeal the denial or revocation
of a permit under this section to the city council. An appeal must be filed with the city
secretary within give (5) days of the date of the denial or revocation of a permit by the
director. The city council shall be authorized to grant a permit pursuant to this article, if
the granting of such permit will further the intent and purpose of the drought contingency
�,:., plan.
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Sec. 25-145. Mandatory conservation stage implementation.
Emergencx conditions.
j� Catastrophic failure of a critical component of the treatment, delivery or
distribution system that would limit water available to meet demand.
The water department shall monitor the projected supply and demand for water by
its customers on a daily basis during the months of May, June, July, August and
September and shall recommend to the director the extent of the conservation required
through the implementation or termination of particular conservation stages in order for the
city to prudently plan for and supply water to its customers. Thereafter, the director may
order that the appropriate stage of water conservation be implemented or terminated in
accordance with the applicable provisions of this article. Said order shall be made by
public announcement and shall be published a minimum of one (1) time weekly in a
newspaper in general circulation within the area served by the water department.
� Sec. 25-146 Penalty.
� Any person, corporation or association violating any provision of this article shall
be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not
ORD. NO. 97-33 9
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EXHIBIT "A" TO ORD. NO. �T�-�
� to exceed two thousand dollars ($2,000.00). The violation of each provision, and each
separate violation thereof, shall be deemed a separate offense and shall be punished
accordingly. Provided, however, compliance may be further sought through injunctive
relief in the district court.
Secs. 25-147 - 25-149. Reserved.
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