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2000F06-DROUGHT PLANORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED REVISING CHAPTER 19, WATER, WASTEWATER AN[ WASTE DISPOSAL, ARTICLE IV, MANDATORY WATEIi CONSERVATION, SECTION 19-96, DROUGHT AN[ EMERGENCY WATER MANAGEMENT AND SUR. CHARGES AND REPLACING IT WITH A NEW SECTIO? 19-96, DROUGHT CONTINGENCY PLAN FORPUBLI( WATER SUPPLY AND FOIl WHOLESALE CUSTOMERS ADOPTION OF SUCH PLAN ESTABLISHING CRITERI/ FOR THE INITIATION AND TERMINATION O] DROUGHT RESPONSE STAGES; ESTABLISHIN¢ I~STRICTIONS ON CERTAIN WATER USES ESTABLISHING PENALTIES FOR THE VIOLATION O] AND PROVISIONS FOR ENFORCEMENT OF THOS] RESTRICTIONS; ESTABLISHING PROCEDURES FO] GRANTING VARIANCES; PROVIDING A SEVERA BILITY CLAUSE; PROVIDING A REPEALING CLAUSE PROVIDING AN EFFECTIVE DATE; AND DECLARINC AN EMERGENCY. WHEREAS, the City of Schertz, Texas recognizes that the amount of wa the City and its water milky customers is limited an subject to depletion d~ extended drought; and WHEREAS, the City recognizes that natural limitations due to drought other acts of God cannot guarantee an uninterrupted water supply for all p WHEREAS, Section 11.1272 of the Texas Water Code and applicable ru Natural Resource Conservation Commission require all public water su Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best imerest of the citi Texas, the CRy Council deems k expediem and necessary to establish .er available to ~ring periods of conditions and urposes; and les of the Texas pply systems in zens of Schertz, :ertain rules and policies for the orderly and efficiem managemem of limited water su drought an other water supply emergencies; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF Tt SCHERTZ, TEXAS SECTION 1 THAT, the City of Schertz Drought Comingency Plan, attached hereto as made a part hereof for all purposes, be and the same is hereby adopted policy o f the City. SECTION 2- SEVERABILITY CLAUSE THAT, if any section, subsection, semence, clause, phrase or portion of this for any reason, held invalid or unconstitutional by any court of compete~ such portion shall be deemed a separate, distinct and independent provi holding shall not affect the validity of the remaining portions of this Ordina SECTION 3 - REPEALING CLAUSE THAT, all ordinances or parts of ordinances in conflict with this Ordina repealed. SECTION 4 - EFFECTIVE DATE THAT, this Ordinance shall take effect immediately from and after its 1: publication of the caption, as the law in such cases provides. SECTION 5 - EMERGENCY CLAUSE THAT, the need for timeliness requires this Ordinance to be acted on as requiring the suspension of the Charter provision that no ordinance be pa it is introduced, and such Charter provision is accordingly suspended and is declared to be an emergency measure. >plies during tE CITY OF ~xhibit A and ~s the official Ordinance is, tt jurisdiction, sion and such nce. ~ce are hereby ,assage and the an emergency, ;sed on the day this Ordinance /~ day of ~f~,.,~4ff~' , PASSED, APPROVED AND ADOPTED this the_ ~ _ ~.~..~, - Mayor, CitY of Schertz, Texas ATTEST: City Secretary, City o f Schertz (SEAL OF CITY) 2000. Drought Contingency Plan For The City of Schertz Public Water Supply DROUGHT CONTINGENCY PLAN FOR THE CITY OF SCHERTZ Section I' Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water s with particular regard for domestic water use, sanitation, and fire protection, and preserve public health, welfare, and safety and minimize the adverse impacts o shortage or other water supply emergency conditions, the Cky of Schertz her, following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan', to be non-essential and continuation of such uses during times of water shortage or c water supply condition are deemed to constitute a waste of water which subjects th penalties as defined in Section KI of this Plan. Section H: Public Involvement Oppommity for the public to provide input into the preparation of the Plan was prov of Schertz by means of scheduling and providing public notice of a public meeting on the Ham apply facilities, to protect and f water supply :by adopts the are considered tier emergency e offender(s) to ided by the City to ~2x~pt input The service area of the City of Schertz is located within the Edwards Aquifer Autba Schertz has provided a copy of this Plan to the Edwards Aquifer Authority and Sa Authority represeming Region "L" for the State. Section V: Authorization The City Manager or his/her designee is hereby authorized and directed to impleme provisions of this Plan upon determination that such implementation is neces~ health, safety, and welfare. The City Manager, or his/her designee, shall have initiate or teaminate drought or other water supply emergency response rnea.mm.~ this P~ )rity and City of n Antonio River nt the applicable to protect public the authority to as descn~ in Section IV: Coordination with Regional Water Planning Groups Section _ITl: Public Education The City of Schertz will periodically provide the public with info--ion about -tl~ Plart, including information about the conditions under which each stage of the Plan is to be initiated or terminated and tt~ drought response meas~s to be implemented in each stage. This information will be provided by means of press release and utility bill messages. Section VI: Application The provisions of this Plan shall apply to all persons, customers, and property provided by the City of Schertz. The term's "person" and "customer" as used in t individuals, corporations, partnerships, associations, and all other legal emities. Section VH: Definitions For the purposes of this Plan, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative pm'tx)ses such as foun pools, and water gardens. Athletic field' A sports play field including playgrounds whose essential feature otl~r than a golf course. (a) Conforming aflfletic field - An athletic field with an approve conservation plan under section XI of this plan. Nomco~~ athletic field- Any other athletic field that is nc athletic field. Commercial.and instit~ional water use: water use which is integral to tl~ operation and non-profit establishments and governmental entities public or private establishments, hotels and motels, restaurams, office buildings and Homeowne Associations. Conservation: tl~se practices, techniques, and technologies that reduce the consur reduce the loss or waste of water, improve the efficiency in the use of water recycling and reuse of water so that a supply is conserved and made avatlab] alternative uses. C'ustomer: any person, company, or organization using water supplied by City of Scl Domestic water use: water use for personal needs or for household or sanitary p drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, busin, institution. Golf Course: An area of land used for the game of golf. (a) Conforming Golf Course- A golf course with an approxa conservation plan pursuant to Section X of this plan Non-conforming golf cout~- Any other golf course that is not a utilizing water he Plan include tains, reflecting is a grass turf, groundwater 5 of commercial schools, retail r/Neighborhood aption of water, or increase the [e for fimae or m'tx)ses such as ;ss, industry, or groundwater conforming golf Ha.nd-held Watering: A hose or bucket physically attended by a person, fitted w automatic shutoff nozzle. Industrial water usg: the use of water in processes designed to convert materials of forms having greater usability and value. Lxndsco~ irrigation use: water used for the irrigation and maintenance of la whether publicly or privately owned, including residential and commercial lawn courses, parks, and rights-of-way and medians, bm does not include' (a) Non-discretionary use without waste of groundwater by a commercial nurser the water is used for production rather than deco. Ne landscaping. Co) Application of ground water wkhout waste to a non-commercial family g~r the produce of which is for household consumption only; (c) Application of groundwater by means of hand-held bucket; hand-held hose properly installed drip irrigation system; and Application of groundwater by means of a maker hose, hand-held Ix installe~ drip irrigation system immediately next to a cotxrrete foundatio pm'tx)se of preventing, to the extent tl~ watering is nece~, substantia foundation of the struc~e caused by movement of the foundation. Mobile Home Communities: Property owned by a individual or commercial property for mobile or manufactured homes placement, must comply to tl~ n restrictions as a "Customer" in this section. N0n-essemial water use: water uses that are not essential nor required for the prot health, safety, and welfare, including: (a) Irrigation of landscape are. as, including parks, athletic fields, and golf othenvise provided under this Plan; Co) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or (c) Use of water to wash down any sidewalks, v,,alkways, driveways, parking k or other hard-surfaced areas; (d) use of water to wash down buildings or structures for purposes other tha protection; (e) flushing gutters or permitting water to mn or aec~ulme in any gutter or sa' (f) use of water to fill, refill, or add to any indoor or outdoor swimming pool (g) use of water in a fotmtain or pond for aesthetic or scenic pm'tx)ms except w~ support aqtmtic life; (h) lhilure to repair a con, liable leak(s) within a reamnable period after notice directing the repair of such leak(s); ith a manual or ower value into '~dscaped areas, gardens, golf y to the extent :den or orchard, soaker hose or se, or properly n solely for the damage to the who rents such xtuiremems and ection of public, courses, except otl~r vehicle; ~ts, tennis courts, a immediate fire eet; ; or Jacuzzi-type aere neces~ to tying been given 0) use of water from hydrants for construction purposes or any other purposes fighting. Wasting Water: any water on a non-pervious surface or landscape watering beym property. Waste also includes, but is not limited to, allowing water to mn off into a drain, or failing to repair a controllable leak. Section VIII: Stages Triggering Criteria for Initiation and Termination of Droug The City Manager, or his/her designee, shall monitor water supply and/or demand daily basis and shall detenn/ne when conditions warrant initiation or termination c the Plan. Public notification of the initiation or termination of drought response sta means of publication in local newspaper and/or signs posted in public places. The triggering criteria descri~ below are based on the level of the Bexar County C Well (a) Stage 1 - Restrictions Requiremems for initiation- It is mandatory that customers conserve water ant prescribed restrictions on certain water uses, defined in Section VII - Definitior County J-17 Well is at or below 650 feet. .Requirements for termination- Stage 1 of the Plan may be rescinded when all ol listed as triggering events have ceased to exist for a period of thirty (30) consecutive (b) Stage 2- Restrictions Requirements for initiation - Okstomers shall be required to con~ly with the re restrictions on certain mn-essential water uses provided in Section VII of this PI County J-17 Well is at or below 640 feet. .Requirements IBr terminalion- Stage 2 of the Plan may be rescinded when all o: listed as triggering events have ~ased to exist for a period of thirty (30) consecuti termination of Stage 2, Stage 1 becx)mes operative. (c) Stage 3 - Restrictions Requirements for initiation - Customers shall be required to comply with the re restrictb~ on certain non-essemi~ water uses for Stage 3 of this Plan when Bexar 17 is at or below 630 feet. Requiremems for termimtion- Stage 3 of the Plan may be rescinded when.all listed as triggering events have ceased to exist for a period of thirty (30) consecuti termination of Stage 3, Stage 2 becomes operative. other than fire ~d a customer' s gutter, ditch or ht Restriction :onditions on a ,f each stage of ges shall be by ,bservation J- 17 adhere to tl~ when Bexar ' the conditions days. quirements and an when Bexar the conditions ve days. Upon quiremems and County Well J- the conditions .ve days. Upon (d) Stage 4- Emergency Restrictions Reouirement$ for initiation - Customers shall be required to corr~ly with the rec rest~ctions for Stage 4 of this Plan when the Mayor, or his/her designee, determim supply emergency exists based on: Extreme drought conditions exist. , Major water line breaks, or pump or system failures occur, which cam unprecedented loss of capability to provide water service; or , Natural or man-made contamination of the water supplies source(s). Requirements for termination - Stage 4 of the Plan may be reminded when all of listed as triggering events have cemsed to exist for a period of thlrty (30) consecutive items 2 and 3 above have been repaired. (f) Water Rationing Requirements for initiation - Okgmmers shall be required to comply wkh the water prescr~ in Section XIII of this Plan when the Mayor and City Council determine supply emergency exists and comply with the requirements and restrictions for Stag~ when: , Extreme draught conditions exist. ge Major water line breaks, or pump or system failures ocx:ur, which ca~ unprecxxtented loss of capability to provide water service; or Natural or man-made contamination of the water supply source(s). R~_uire .m.e~ for termination - Water rationing may be rescinded when all of the c as triggering events have ceased to exist for a period of thirty (30) consemxtive days. Section IX: 1. Wasting Water:. It shall be tmlawfial for any person or customer to waste water for any describ~ in the Drought Comingency Plan. be Outdoor watering between 10:00 am- 8-00 pm is prolu'bited. uirements and ~s that a water the conditions days, or when allocation plan that the water 4 of this Plan ;e onditions listed use other then It shall be a violation if a person or customer allowing water to nm pervious, ditch, drain or failing to repair a controllable leak. onto a non- 2. Drought Response Stages The Cky Manager, or his/her designee, shall monitor water supply and/or demand dailY basis and, in ~rdance with the triggering criteria set forth in Section VIII o determine that Stage I, II, III or IV conditions exist and shall implemem the followi publication of notice in a newspaper of general circulation and/or signs posted in pul Stage 1 - Restrictions Goal' Ach/eve a mandatory ten- percent (10%) reduction in daily water der Supply Managemem Measures: Director of Public Works shall be responsible seeing the discontinued flushing of water mains, activation and use of supply source(s); use of reclaimed water for non-potable purpos~ Water Use Restrictions: Under the treat ofpenalty for violation, the followir restrictions shall apply to all persons. (a) Water customers shall comply with mandatory limits of irrigatic areas. Watering days will be based on the last digit of the address: 0-1 - Monday 2-3 - Tuesday 4-5- Wednesday 6-7 - Thursday 8-9- Friday (b) Athletic fields and Golf Courses- Conforming 10°,4 reduction watering as per Section Non-conforming 15% reduction water~g as per Sec Comm r nd s oh o n ut ,n W~___~___e.s~y o~.~y. (d) Watering of landscape is only between the hours of 12:00 am to 10 pm to midnight on designated watering days. (e) All operations of the City of Schertz shall adhere to water use restri¢ for Stage 2 o f the Plar~ (f) Water customers are requested to practice water conservation and discontinue water use for mn-essential purposes. conditions on a f the Plan, shall ng actions upon dic places: reduction or an alternative ~q. water use ,n of land~ X&XI. tion X&XI. ; permitt~ on 00 arn a.nd 8:00 .tions prescribext to minimize or (g) Handheld, bucket and drip system is allowed. (h) New landscape may have 3 weeks variance for establishment. All var reviewed and approved by the City Manager or City Inspector. (i) Operation of any ornamental fountain or pond for aesthetic or scenic prohibked except where necessary to support aquatic life or where se ponds are equipped with a re-circulation system. Stage 2 - Restrictions Goal' Achieve a fifteen percem (15%) reduction in daily water demand. Supply Management Measures: Director of Public Works shall see that reduced or discontinued flu mans, reduced or discontinued irrigation of public landscaped ar alternative supply source(s); use of reclaimed water for non-potable Water Use Restrictions. Under threat of penaky for violation, the folio restrictions shall apply to all persons: (a) Water custo~ shall con~ly with mandatory limits of irrigation o areas. Watering days will be based on the last digit of the address: 0-1- Monday 2-3- Tuesday 4-5- Wednesday 6-7- Thru'May 8-9- Friday Co) Athletic fields and Golf C~urses- Co_nfo~g 15% reduction watering as per Section Non-conforming 20% reduction watering as per Sec (c) CommerciaFIndustrial/Schools~nstitutional landscape watering is Wednesday only. (d) Landsca~ water is permitted only between the hours of 3:00 am t, 8:00 pm to 10:00 pm. (e) Filling of all new and existing swimming pools is prohibited, unle of the water is obtained from a source other than the aquifer. Grou be used to replenish swimming pools to rr~__intenance levels. ~Drah swimming pools is permin~ only omo a pervious staqace or ont{ where the water is transmitted directly to a pervious surface, only iances must be )urposes is ah fountains or shing of water eas; use of an mrposes. ~ring water use flandscape K&XI. :ion X&XI. permitted on 8:00 amand ,,s at least 30% ndwater may dngof ~ a pool deck ifnec~sary, to: a. Remove excess water from the tx)ol due to rain to lower th maintenance level; b. Repair, maintain, or replace a pool component that has become ba c. Repair a pool lemk. (f) Operation of any ornamental fountain or pond for aesthetic or scenic prohibited except where necessary to support aquatic life or where su ponds are equipped with a recirculation system. (g) Use of water from fire hydrants shall be limited to fire fighting, relate other activities necessary to maintain public health, safety, and welfm use of water from designated fire hydrants for constru~ion purposes allowed under special permit from the City of Schertx (h) All restaurams are prohibited from serving water to its patrons excepl requested. The following uses of water are defined as non-essemial and are prol~ 1. wash down of any sidewalks, walk~ays, driveways, parking bt., or o~ h,mt-mn'face~ ~; 2. use of water to wash down buildings or stru~es for purlx immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to nm or acctunulate in any 5. failure to repair a controllable leak(s) within a reasonable peri, been given notice directing the repair of such leak(s). Stage 3 - Restrictions Goal: Achieve a twenty percem (20%) reduction in, daily water demand. Supply Managen~nt Measures: Director of Public Works shah see that reduced or discontinued flu mains, reduced or discontinued irrigation of public landscaped ar alternative supply source(s); use of reclaimed water for non-potable~ Water Use Restri~io~. All requirements of Stage 2 shall remain in eft'eel except: (a) Landscape watering is prohibited except by handheld watering o~ during designated watering days as described in.Stage I & II. water to the ~ardous; or purpo se~ is ch fountains or it activities, or ~:, except that may be when ibited: ~ses other than gutter or street; )d af~ having .shing of water 'eas; use of an )urposes. during Stage 3 drip irrigation (b) The watering of golf course tees is prohibited unless the golf course source otl~r than that provided by the City of Schertz_ (e) The use of water for construction pm-tx)ses from designated fire special permit is to be discominued. (d) The filling, refilling, or adding of water to sw/mming pools, wading jacuzzi-type pools is prohibited. (e) Operation of any ornamental fountain or pond for aesthetic or see prohibked except where necessary to support aquatic life or where st ponds are equipped with a recirculation system. (f) No applications for, additional, expanded, or increased-in-size connections, meters, service lines, pipeline extensions, mains, o~ facilities of any kind shall be allowed or approved. (g) Application of grourdwater in the morning before 8:00 am and in tl 8:00 pm by means of a handheld bucket, handheld hose, maker h installed drip irrigation system, immediately next to a concrete foun( the pmtx)se of preventing, and to the extem the watering in nec, e~ substantial damage to the foundation or the structure caused by m foundation. (h) Athletic field- conforming 20°,4 reduction watering as in Section X] Non-conforming 30% reduction watering as in Sec'ti Stage 4 - Emergency Restrictions Goal: Achieve a forty per~nt (40°/3) reduction in daily water deman& Supply Management Measures: Director of Public Works shah see that reduced or discontinued flr mains, reduced or discontinued irrigation of public landscaped a~ alternative supply source(s); use of reclaimed water for non-potable Water Use Restrictions. Ail requiremems of Stage 1,2, and 3 shall remain Stage 5 except: (a) Irrigation of landscaped areas is absolutely prohibited. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, vehicle is absolulely prohibited. utilizes a water hydrants under ools, and nic purposes is tch fountains or water service water service evening after ose or properly lation solely for tory to prevent, ovemerrt of the )nXI. ~hing of water 'eas; use of an purposes. in effect during drplane or other (c) Implementation of additional drought comingency measures maybe direction of the Edwards Aquifer Authority. Section X: Golf Courses Notwithstanding any other language in this Drought Contingency_Plan, the courses that are applicants or customers of an applicant shall be require groundwater conservation plan and shall be def'med as "conforming" and "non- c( shall reduce usage of aquifer groundwater under the following terms' pm. 1. It shall be unlawful to water any golf course during the hours of 10:00 2. A conforming golf course is one that achieves enhanced conservation computer controlled irrigation system ("CCIS"), or similar system, which may be computer controller (digital operating system), software, interface modules, controller, soil sensors, weather station, or similar devices, which is capabl maximum efficiency and conservation in the application of water to the gol accx)mplish the following restrictions listed in subparagraphs (A)-(C) of this parag (A) Stage I Restrictions- 10% reduction in the replacement of dail evapotmnspiration rate ("ET rate") or daily soil holding capacity; or use of not mr the metered amount for that corresponding month, (B) Stage II Restrictions- 15% reduction in the replacement of mt~ holding capacity; or use of not more than 90% of the metered amount for that con month, (C) Stage III Restrictions - 20% reduction in the replacemem of da: soil holding capacity, or use of not more than 85% ofthe metered amount for that month. (D) Stage IV Restrictions- 40% reduction in the replacement of& soil holding capacity not to exceed 60% of metered amount. (3) A non-conforming golf course shall comply with the following reduct listed in paragraphs (a)-(c) of this subsection: (A) Stage I Restrictions - 15% reduction in the replacement of dail monitored by a properly operating CCIS or use of not more than 95% of ti amount for that corresponding month for golf courses that are not equippe (B) Stage II Restrictions - 20% reduction in the replacement of dai monitored by a properly operating CCIS or use of not more than 90% of tl amount for that corresponding month for golf courses that are not equippe 10 applied by the ~wners of golf to submit a nforming" and un and 8:00 by utilizing a comprised of a satellite, field of achieving f course, must raph: re than 95% of · . or daily soil 'esponding ily rote or daily corresponding tily ET or daily ion measures ~ ET rate as e metered :1 with a CCIS; ly ET rate as ~e metered :1 with a CCIS; (C) Stage III Restrictions - 30% reduction in the replacement of da monitored by a properly operating CCIS or use of not more than 85% ofth~ amount for that corresponding month for golf courses that are not equipped (D) Stage IV Restrictions - 40% reduction in the replacemem of da monitored by a properly operating CCIS or use of not more than 60% of th{ amount for that corresponding month for golf courses that are not equipped (4) The owner or operator of a golf course must comply with all issues b' relating to Stage III and IV (5) The owner or operator of a golf course must maintain daily wat~ available for inspection upon request. (6) The owner or operator of a conforming golf course or a golf course wit maintain daily water use records of their evapotransporation ("ET rate") or dail capacity, which must be available for inspection upon request. (7) All daily records must be kept on site. Section XI: Athletic Fields Notwithstanding any other language in this Drought Contingency Plan, the ow~ field that are applicams or customers of an applicant shall be required to submit ~nservation plan and shall be defined as "conforming" and "non- conforming" a~ usage of aquifer groundwater under the following terms' pIIL 1. It shall be tmlaw~l to water any athletic field during the hours of 10:0C 2. A conforming athletic field is one that achieves enhance~ conservation computer controlled irrigation system ("CCIS"), or similar system, which may be computer controller (digital operating system), software, interface modules, controller, soil sensors, weather station, or similar devices, which is capabl{ maximum efficiency and conservation in the application of water to the athle accx)mplish the following restrictions listed in subparagraphs (A)-(C) of this pm'ag (A) Stage I Restrictions- 10% reduction in the replacement of dai evapotmnspiration rate ("ET rate") or daily soil holding capacity; or use o 95% of the metered amount for that corresponding month, (B) Stage II Restrictions- 15% reduction in the replacemem of r~ holding capacity; or use of not more than 90% of the metered aa corresponding mon~ I1 ly ET rate as metered with a CCIS. ily ET rate as metered with a CCIS; City Council use records h a CCIS must .y soil holding ~ers of athletic a grotm_d_w~_.~ter ~d shall reduce am and 8:00 by utilizing a :ompdsext of a satellite, field of achieving ;ic field, must raph: / · not more than ~te or daily soil nount for that (C) Stage III Restrictions- 20% reduction in the replacement of dai soil holding capacity, or use of not more than 85% ofthe metered amount f corresponding month. (D) Stage IV Restrictions---40% reduction in the replacement of dai soil holding capacity not to exceed 60% of metered amount. (3) A non-conforming athletic field shall comply with the foI lowing reducl listed in paragraphs (a)-(c) of this subsection: (A) Stage I Restrictions - 15% reduction in the replacement of dz monitored by a properly operating CCIS or use of not more than 95% amount for that corresponding month for athletic field that are not equippe, (B) Stage II Restrictions- 20% reduction in the replacement of d~ monitored by a properly operating CCIS or use of not more than 90% anmunt for that corresponding month for athletic field that are not equippo (C) Stage III Restrictions - 30% reduction in the replacement of d monitored by a properly operating CCIS or use of not more than 85% amount for that corresponding month for athletic field that are not equipp~ (D) Stage IV Restrictions- 40% reduction in the replacement of d monitored by a properly operating CCIS or use of not more than 60% amount for that corresponding month for athletic field that are not equippe~ (4) The owner or operator of a athletic field must comply with ali issues by relating to Stage III and IV (5) The owner or operator of a athletic field must maintain daily water use available for inspection upon request. (6) The owner or operator of a conforming athletic field or a athletic riel must maintain daily water use records of' their evapotransporation ("ET rate" holding capacity, which must be available for inspection upon request. (7) All daily records must be kept on site. Section XII: Water Rationing In the evem that water shortage conditions threaten public health, safety, and wel~ hereby authorized to ration water according to the following water allocation plan: Single-Family Residential Customers The allocation to residential water customers residing in a single-familY dwe follows: 12 y rate or daily ~r that ly ET or daily :ion measures ily ET rate as )f the metered with a CCIS; fily ET rate as )f the metered with a CCIS; tily ET rate as )f the metered with a CCI S. fily ET rate as )f the metered with a CCIS; City Council records d with a CCIS ) or daily soil 'e, the Mayor is Persons per Household Gallons per Month 1 or 2 6,000 3 or 4 7,000 5 or 6 8,000 7 or 8 9,000 9 or 10 10,000 11 or more 12,000 "Household" means the residential premises served by the customer's mete: household" includes only those persons currently physically residing at th expected to reside them for the entire billing period. It shall be assumed customer's household is comprised of two (2) persons unless the customer of Schertz of a greater number of persons per household on a form pr{ Director Public Works. The Director of Public Works shall give his/her b that such forms are mailed, otherwise provided, or made available to e' customer. If, however, a customer does not receive such a form, it shall be responsibility to go to the Cky of Schertz offices to complete and sign th~ more than two (2) persons per household. New customers may claim the nut per household at tt~ time of applying for water service on the form pr~ Director Public Works. When the number of persons per household increas~ the custo~ in a different allocation category~ tt~ customer may notify the on such form and the change will be implemented in the next practicable b! the number of persons in a household is reduced, the customer shall no~ Schertz in writing within two (2) days. In prescribing the method for clah two (2) persons per household, the Director Public Works shall adopt methc acc~y of the claim. Any person who knowingly, recklessly, or with crin falsely reports tl~ number of persons in a household or fails to timely nc Schertz of a reduction in the number of person in a household shall be fin $200.00. Residemial water cxtstomers shall pay the following surcharges: $2.00 for the first 1,000 gallons over alloc~ion. $3.00 for the second 1,000 gallons over allocation. $4.00 for the third 1,000 gallons over allocation. $5.00 for each additional 1,000 gallons over allocatiom Surcharges shall be cumulative. Master-Metered Multi-Family Residential Customers The allocation to a customer billed from a master meter which jointly rm multiple permanem residual dwelling units (e.g., apartmems, mobile allocated 6,000 gallons per month for each dwelling unit. It shall be. assr custo~'s meter serves two dwelling units unless the customer notifies the of a greater number on a form prescribed by the Director Public Works. Th~ 13 ~. "Persons per e premises and :hat a particular ~otifies the Cky ~scribed by the ~ effort to see very residential the customer's form chim~ tber of persons ~sm'oed by the ~ so as to place City of Schertz fling ~~ If ;if7 the City of ning more than ~ds to insure the final negligence tify the City of ~d not less than ,~tsur~ water to ~mes) shall be reed tim such a Cky of Schertz Director Public Works shall give hix/her best effort to see that such forms are mailed, o~ made available to every such customer. If~ however, a custom~ does nol form, it shall be the customer's responsibility to go to the City of Schenz offi and sign the form claiming more than two (2) dwellings. A dwelling unit under this provision whether it is occupled or not. New customers may c occupying the dwelling unit at the time of applying for water service on the by the Director Public Works. If the number of dwelling units served by a reduced, the customer shall notify the City of Schertz in writing within tv prescribing the method for chiming more than two (2) dwelling units, the Works shall adopt methods to insure the accuracy of the claim. Any person recklessly, or with criminal negligence falsely reports the number of dwel ise provided, or receive such a ces to complete may be claimed lalm only tho~ form prescribed master meter is ~o (2) days. In Director Public ~vho knowingly, lag units served by a master meter or fails to timely notify the City of Schertz of a reduction person in a household shall be fined not less than $200.00. Customers bille meter under this provision shall pay the following monthly surcharges: $2.00 for 1,000 gallons over allocation up through 1,000 gallons for each dwelling unit. $3.00 thereafter, for each additional 1,000 gallons over allocmion up through a sec, oM 1,000 gallons for each dwelling unk. $4.00 therea.f~r, for each additional 1,000 gallons over allo~n up through a third 1,000 gallons for each dwelling mdt. $5.00 t~eaf~er for each additional l,O00 gallons over allomtion. Surcharges shall be cumulative. Commercial Customers A monthly water usage allocation shall be established by the Director his/her designee, for each nonresidential commercial customer o~ tl~ custo~ who uses water for processing proposes. The non-resider allocation shall be approximately 75% percent of the customer's usage fo month's billing period for the previous 12 months. If the customer's b shorter than 12 mo~ the momhly average for tl~ period for which there be used for any money period for which no history exists. The Director give his/her best effort to see that notice of each non-residential custome nmiled to such customer. Iff however, a customer does not receive such the custon~r's respomibility to contact the Cky of Schertz to determine Upon request of the customer or at the initiative of the Director Public may be reduced or increased iff (1) the designated period does not acc~ customer's normal water usage, (2) one nonresidential customer agrees to allocation to ar~ther nonresidential customer, or (3) other objective eviden that the designated allocation is inaccurate under presem conditions. A appeal an allocation established hereunder to the City Manager. Nonresidex custo~ shall pay the following surcharges: in the number of :t from a master ~blic Works, or m an industrial rial customer's 'corresponding illing history is is a record shall fiic Works shall ,'s allocation is >rice, it shall be the allocation. s, the allocation ately reflect the msfer part of' its ce demonstrates customer ma), rial commercial 14 $2.00 per thousand gallons for the first 1,000 gallons over allocation. $3.00 per thousand gallons for the second 1,000 gallons over alloc~k $4.00 per tho~d gallons for the third 1,000 gallons over allocation $5.00 per thousand gallons for each additional 1,000 gallons over all( The surcharges shall be cumulative. As used herein, "block rate" means tl customer per 1,000 gallons at the regular water rote schedule at the level ot allocation. Industrial Customers and Commercial Nursery's A mommy water usage allocation shall be established by the Director Pt his/her designee, for each industrial customer, which uses wmer for pmce The industrial customer's and commercial nursery's allocation shall be appr, percent of the customer's water usage baseline. Ninety (90) days after the h of the allocation for industrial customers and conunercial nursery's, customer's and commercial nursery's allocation shall be further reduced to tl~ customer's water usage basel~e. The industrial customer's and corem water usage baseline will be computed on the average water usage for the 1 ending prior to the date of implememation of Stage 2 of the Plan. If the custon~r's and co~cial nursery's billing history is shorter than 12 mom average for tt~ period for which there is a record shall be used for any mo which no billing history exists. The Director Public Works shall give his/h see that notice of each industrial customer and comn~rcial nursery's allocat such customer. If, however, a customer does not receive such notice, customer's respons~ility to contact the City of Schertz to determine the all, allocation shall be fully effective notwithsta~ing the lack of receipt of writt~ request of the axstomer or at the initiative of the Director Public Works, the be reduced or increased, (1) if the designated period does not accura customer's normal water usage because the customer had shutdown a major for repair or overhaul during the period, (2) the custom~ has added or is ~ adding significant additional pr~sing capacity, (3) the customer ha significantly reduced the production of a major processing unit, (4) ~ previously implememed significant permanent water conservation measur, ability to further reduce usage is limited, (5) the customer agrees to traJ allocation to another industrial customer and commercial nursery's, or (6) il evidence demonstrates that tl~ designated allocation is inaccurate under pre A customer may appeal an allocation established hereunder to the City Mar, customs and commercial nurseries shall pay the following surcharges: Custo~ whose allocation is 90% of their twelve month average. $ .2.00 per tl~usand gallons for the first 1,000 gallons over allocatim 15 )IL te charge to the the customer's .blic Works, or .ssing purlx)ses. )ximately 90% itial imposition the industrial 85% percem of ercial nursery's 2 month period indusuial water hs, monthly nthly period for .'r best effort to mn is mailed to it shall be the >cation, and the m notice. Upon allocat~n may ~ely reflect the processing unit a the process of s shutdown or , customer has ~s such that the ~sfer part of its ? other objective :sent conditions. ager. Indu.mSE $ 3.00 per thousand gallons for the second 1,000 gallons over ion. $ 4.00 per tho~ gallons for the third 1,000 gallons over allocatio: $ 5.00 per thousand gallons for each additional 1,000 gallons over altocation, The surcharges shall be cumulative. As used herein, "block rate" means customer per 1,000 gallons at the regular water rate schedule at the level allocation. charge to the the customer' s Section XIII: Enforcement (a) No person shall knowingly or intentionally allow the use of water Schertz for residemial, commercial, indusuSal, agricultural, governmenta purpose in a manner contrary to any provision of this Plan, or in an amount permitted by the drought response stage in effect at the time pursuant to Manager, or his/her designee, in accordance with provisions of this Plan. the City of or any other excess of that .n taken by City Co) Any person who violates this Plan is guilty of a misdemeanor and, shall be punished by a fine of not less than twenty-five dollars ($25.00) two-hundred dollars ($200.00). Each day that one or more of the ' ' violated shall constitute a separate offense. If a person is convicted of three violations of this Plan, the Director Public Works shall, upon due notice to autho~ to discontinue water service to the premises where such Services discom~u~ trader such circumstances shall be restored only upo' re-connection charge, hereby established at $150.00, and any other costs City of Schertz in discominuing service. In addition, suitable asmmnce Director Public Works that the same action shall not be repeated while the Compliance with this plan may also be sought through injunctive relief in conviction not more than in this Planks more distinct customer, be paynim of a by the be given to the 'lan is in effect. (c) Any person, including a person classified as a water customer of the in apparent control of the property where a violation occ~ or originates to be the violator, and proof that the violation ocamwM on the person' constitute a rebuttable presmuption that the person in apparent control committed the violation, but any such person shall have the right to show commit the violation. Parents shall be presumed to be responsible for of Schertz, be premed property shall the property he/she did not lations of their minor children and proof that a violation, committed by a child, ocx:urred on property within the parents' control shall constitute a rebuttable presumption that the committed the violation, but any such parem 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 P and that the parent could not have reasonably known of the violation. (d) Any police officer, or other City of Schertz employee designated Public Works, may issue a citation to a person he/she reasonably believes of this Ordinance. The citation shall be prepared in duplicate and shall addresss of the alleged violator, if known, the offense charged, and shall appear in the municipal court on the date shown on the citation for wlu'ch be less than 3 days nor more than 5 days from the date the citation was ' the Director be in violation the name and him/her to date shall not The alleged 16 violator shall be served a copy of the citation. Service of the citation shall Ix delivery of the citation to the alleged violator, to an agent or employee of a person over 14 years of age who is a member of the violator's immediat, residem of the violator's residence. The alleged violator shall appear in mt emer a plea of guilty or not guilty for the violation of this Plan. If the alleg to apt:wmr in municipal court, a warrant for his/her arrest may be issued. appear may be issued in lieu of an arrest warrant. These cases shall be exp{ preferential setting in municipal court before all other cases. Section XIV: Variances The City Manager, or his/her designee, may, in writing, grant tempom existing water uses otherwise prohibked under this Plan if it is determine, grant such variance would cause an emergency condition adversely affec sanitation, or fire protection for the public or the person requesting such var or more ofthe following conditions are met: (a) Complian~ with this Plan cannot be technically accx)mplished dur of the water supply shortage or other condition for which the Plan is Co) Alternative metNxts can be implememed which will achieve th{ reduction in water use. complete upon violator, or to a · . family or is a micipal court to ed violator fails A stmunons to xtited and given ry variance for :1 that failure to ',ting the heakh, ~ance and if one lng the duration in effect. same level of Persons requesting an exemption from the provisions of this Ordinance shMl file a petition for variance with the City of Scherm within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be r~viewed by the Director Public Works, or Ns/her designee, and shall include the following: (a) Name and ad&ess of the petitioner(s). (b) Pmlx)se ofwater use. (c) Specific provision(s) oftl~ Plan fi'om which the petitioner is request (d) Detaile~ statement as to how the specific provision of the Plan adv~ petitioner or what damage or harm will occur to the petitioner or ot complies with this Ordinance. (e) Description of the relief requested. (f) Period of time for which the variance is sought. (g) Akemative water use restrictions or o~ measures the petitioner is proposes to take to meet the intent of this Plan and the compliance d (h) Other pertinem information. ' Variances granted by the City of Schertz shall be subject to the following o waived or modified by the City Manager or his/her designee: (a) Variances grm~ed shall include a thnetable for corr~liance. (b) Variances granted shall e .xpire when the Plan is no longer in effec~ u petitioner has failed to meet specified requirements. 17 lng relief. xsely affects the hers if petitioner ~ing or tte. ~nditions, unless .~less the No varianc~ shall be retroactive or otherwise justify any violation of this prior to the issuance o ftl~ variance. Section XV: Sever'ability It is hereby declared to be the intemion of the City of Schertz that the sectic sentences, clauses, and phrases of this Ordinance are severable and, if any sentence, pm-at~ph, or section of this Plan shall be declared unconstitutior judgment or decree of any court of competent jurisdiction, such unco~imtic affect any of the remaining Phrases, clauses, sentences, paragraphs, and sectk since the same would not have been enacted by the City of Schertz without into this Plan of any such unconstkutional phrase, clause, semence, paragrap~ 18 Plan occm-dng ns, paragraphs, phrase, clause, ~al by the valid nality shall not ,ns of this Plan, e incorporation ¢ or section. THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT Before me, the undersigned authority, on this date personally appeared L. A. Reynolds, known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper 2 times before the return day named therein, such publications being on the following dates: May 24, 2000 May 25, 2000 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me this ~ ~ clay of,June A.D., 2000. Notary Public, Guadalupe County, Texas