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repealed.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