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ORDINANCE NO. 1101
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
CHAPTER 78, ARTICLE IV, SECTION 78-208 OF THE CIBOLO CODE
OF ORDINANCES - DROUGHT CONTINGENCY PLAN; PROVIDING
THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER
ORDINANCES OF THE CITY OF CIBOLO NOT IN CONFLICT
THEREWITH; PROVIDING FOR SEVERABILITY; SAVINGS; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in Guadalupe
County, Texas, created in accordance with provisions of the Texas Local Government Code
and operating pursuant to its adopted City Charter and all applicable laws and enabling
legislation of the State of Texas; and,
WHEREAS, the City of Cibolo, Texas, is governed by a Home Rule Charter that was
approved by the Citizens of Cibolo in a duly called election held on September 11, 2004; and,
WHEREAS, in accordance with the requirements and regulations of the Texas
Commission on Environmental Quality, the City of Cibolo, Texas has adopted an
ordinance setting water rates, regulating the use of water for the City of Cibolo, regulating
connection(s) to the water mains and water system of the City of Cibolo, and appointing a
Maintenance Officer for the water system for the City of Cibolo in order to establish a drought
contingency plan for water resource shortages in the City; and,
WHEREAS,as required by state law,the City Council has reviewed the City's drought contingency plan and
has determined that certain revisions to the City's water use restrictions for stages I,11 and III are necessary to
better plan for the most efficient use of the City's water resources and that this ordinance is necessary
to protect the health, safety,morals, and welfare of the community.
WHEREAS, on April 22, 2014, the City Council adopted the revised drought contingency plan
and hereby adopts this ordinance to amend the City's Code to include the revised Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO,TEXAS.
SECTION 1.
CODE AMENDED
Chapter 78, Article IV.-Drought Contingency Plan, Section 78-208, of the Cibolo Code of
Ordinances is hereby amended as follows:
Sec. 78-208. Response Stages
Unless there is an immediate and extreme reduction in water production or other absolute
necessity to declare an emergency or severe condition, the City of Cibolo will initially
implement Stage I Water Customer Awareness of the Plan. If, after a reasonable period of time,
demand is not reduced enough to alleviate outages, reduce the risk of outages, or comply with
water use restrictions required by a court, government agency or other authority, Stage II
Mandatory Water Use Restrictions of the Plan may be implemented with Stage III Mandatory
Water Use Restrictions to follow if necessary.
YEAR-ROUND MANDATORY WATER CONSERVATION PROGRAM
Year-Round Mandatory Water Conservation Program in effect throughout the year.
Year-Round Mandatory Water Conservation Program restrictions shall be in effect throughout
the year unless other more restrictive water restriction measures have been implemented.
The City of Cibolo will mail a public announcement to its water customers each April.
The City of Cibolo will post notice on its official City website by April 1 st.
Applicability:
Year-Round Mandatory Water Conservation Program requirements apply to all water utility
customers within the corporate limits of the City of Cibolo. Water utility customers within the
corporate limits of the City of Cibolo who receive retail service from a water provider other than
the City of Cibolo shall meet either the water use restrictions specified for Year-Round
Mandatory Water Conservation Program or the water restrictions established by their water
service provider, whichever is more restrictive.
Utility Measures:
This announcement will be designed to increase water customer awareness of water conservation
and encourage the most efficient use of water. A copy of the current public announcement on
water conservation awareness shall be kept on file available for inspection by the TCEQ.
Voluntary Water Use Restrictions:
Water customers are requested to voluntarily limit the use of water for nonessential purposes and
to practice water conservation.
Mandatory Water Use Restrictions:
1. Restricted Hours:
a. From April 1 through October 31 — Outside watering is prohibited between the
hours of 10 a.m. through 7 p.m. Water customers are required to limit the watering of
landscaped areas with hoses with hose-end sprinklers or automatic irrigation systems.
b. From November 1 through March 30 — Outside watering is prohibited between
the hours of 10 a.m. through 2 p.m. Water customers are required to limit the watering of
landscaped areas with hoses with hose-end sprinklers or automatic irrigation systems.
2. Exception to Restricted Hours: Irrigation of landscaped areas is permitted anytime if it is
by means of a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or less, or
drip irrigation system.
STAGE I—MANDATORY WATER USE RESTRICTIONS:
Target: Achieve a 10% (percent) reduction in total water use within a standard billing period.
The City of Cibolo will implement Stage I Mandatory Water Use Restrictions when:
1. Average daily water usage reaches eighty five percent (85%) of system water production
capacity for three (3) consecutive days,
2. There is an extended period (at least 8 weeks) of low rainfall and daily use has risen
twenty percent(20%) above the use for the same period during the previous year, or
3. Canyon Regional Water Authority declares Stage I water restrictions.
In determining whether to initiate Stage I Mandatory Water Use Restrictions the City of Cibolo
will give consideration to weather conditions, time of the year, and customer complaints of low
water pressure.
Applicability:
Stage I —Mandatory Water Use Restrictions apply to all water utility customers receiving retail
service from the City of Cibolo.
Requirements for Termination:
Stage I Water Use Restrictions of the Plan may end when the triggering event(s) have ceased to
exist for a period of ten (10) consecutive days. Upon termination of Stage I Water Use
Restrictions, Year-Round Mandatory Water Conservation Program becomes operative in
accordance with the general provisions of this Plan for Year-Round Mandatory Water
Conservation Program.
Utility Measures:
Visually inspect lines and repair leaks on a daily basis; reduced flushing of water mains; monthly
review of water customer use records and follow-up on any that have unusually high usage.
Mandatory Water Use Restrictions:
1. Restricted Hours:
a. From April 1 through October 31 — Outside watering is prohibited between the
hours of 10 a.m. through 7 p.m. Water customers are required to limit the watering of
landscaped areas with hoses with hose-end sprinklers or automatic irrigation systems.
b. From November 1 through March 30 — Outside watering is prohibited between
the hours of 10 a.m.through 2 p.m. Water customers are required to limit the watering of
landscaped areas with hoses with hose-end sprinklers or automatic irrigation systems.
2. Restricted Days: Water customers with house numbers that end with even numbers or
zero are limited to watering on Mondays and Thursdays and water customers with house
numbers that end with odd numbers are limited to watering on Tuesdays and Fridays with no
watering allowed on the weekends.
3. Exception to Restricted Hours/Days: Irrigation of landscaped areas is permitted anytime
if it is by means of a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or
less.
STAGE II—MANDATORY WATER USE RESTRICTIONS:
Target: Achieve a twenty percent (20%) reduction in total water use within a standard billing
period.
The City of Cibolo will implement Stage II Mandatory Water Use Restrictions when:
1. Average daily water use reaches ninety percent (90%) of system water production
capacity for three (3) consecutive days;
2. Net water storage is continually decreasing on a daily basis and falls below eighty percent
(80%) of the elevated storage capacity of the system for forty eight(48) continuous hours; or
3. Water pressures fall to below forty nine (49) psi in the water distribution system during
non-peak water usage hours, or
4. Canyon Regional Water Authority declares Stage II water restrictions
Applicability:
Stage II—Mandatory Water Use Restrictions apply to all water utility customers receiving retail
service from the City of Cibolo.
Requirements for Termination:
Stage II Mandatory Water Use Restrictions of the Plan may end when the conditions causing its
initiation as described above have ceased to exist for a period of ten (10) consecutive days.
Upon termination of Stage II Mandatory Water Use Restrictions, Stage I Water Use Restrictions
becomes operative in accordance with the general provisions of this Plan for Stage I Water Use
Restrictions.
Utility Measures:
Visually inspect lines and repair leaks on a regular basis. Flushing is prohibited except for dead
end mains.
Mandatory Water Use Restrictions:
The following water use restrictions shall apply to all water customers:
1. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems.
Water customers with house numbers that end with even numbers or zero are limited to watering
on Mondays and water customers with house numbers that end with odd numbers are limited to
watering on Tuesdays with no watering on weekends. Watering of landscaped areas is further
prohibited to between the hours of 10 a.m. and 7 p.m. on the designated watering days.
However, irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held
hose, a faucet-filled bucket or water can of five (5) gallons or less.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle.
The use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
prohibited except on designated watering days as specified in paragraph 1. above between the
hours of midnight and 10:00 a.m. and between the hours of 8:00 p.m. and 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. Vehicle washing may be done at any time on the
immediate premises of a commercial car wish or commercial service station. Further, such
washing may be exempted from these regulations if the health, safety, and welfare of the public
are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to
transport food and perishables.
3. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading
pools, or "Jacuzzi" type pool.
Use of water to fill, refill or add to any indoor or outdoor swimming pools, wading pools, or
"Jacuzzi"type pool is prohibited except on designated watering days as specified in paragraph 1
above between the hours of 6 a.m. and 10 a.m. and 8 p.m. and 10 p.m.
4. Operation of any ornamental fountain or pond for aesthetic or scenic purposes
prohibited. The operation of any ornamental fountain or pond for aesthetic or scenic purposes is
prohibited except where necessary to support aquatic life or where such fountains or ponds are
equipped with a recirculation system.
5. Use of water fi°om hydrants or flush valves limited.
The use of water from hydrants or flush valves shall be limited to maintaining public health,
safety, and welfare.
6. The following uses of water are defined as nonessential and are prohibited:
a. Wash down of any sidewalks, walkways, driveways, parking lots,tennis courts, or
other hard-surfaced areas;
b. Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
C. Use of water for dust control;
d. Flushing gutters or permitting water to run or accumulate in any gutter or street;
STAGE III—CRITICAL WATER USE RESTRICTIONS:
Target: Achieve a thirty (30%) percent reduction in total water use within a standard billing
period.
The City of Cibolo will implement Stage III Critical Water Use Restrictions when:
1. The imminent or actual failure of a major component of the system which would interrupt
water delivery for a prolonged period, or cause an immediate health or safety hazard;
2. Water demand exceeds ninety seven percent (97%) of system water production capacity
for three (3) consecutive days;
3. Water demand exceeds ninety five percent (95%) of production capacity for thirty (30)
days,
4. Other unforeseen events which could imminent health or safety risks to the public, or
5. Canyon Regional Water Authority declares Stage III water restrictions.
Applicability:
Stage III — Critical Water Use Restrictions apply to all water utility customers receiving retail
service from the City of Cibolo.
Requirements for Termination:
Stage III Critical Water Use Restrictions of the Plan may be rescinded when the triggering events
have ceased to exist for a period of ten (10) consecutive days. Upon termination of Stage III
Critical Water Use Restrictions, Stage II Mandatory Water Use Restrictions becomes operative.
Operational Measures:
The City of Cibolo shall visually inspect lines and repair leaks on a daily basis. Flushing is
prohibited except for dead end mains and only between the hours of 9:00 p.m. and 3:00 a.m.
Emergency interconnects or alternative supply arrangements shall be initiated. All meters shall
be read as often as necessary to insure compliance with this program for the benefit of all the
water customers.
Mandatory Water Use Restriction: Water use is restricted to indoor use and consumption only.
Specifically:
1. All outdoor use of water is prohibited;
2. Irrigation of landscaped areas is absolutely prohibited; and
3. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle
is absolutely prohibited.
SYSTEM OUTAGE or SUPPLY CONTAMINATION
The City of Cibolo will notify TCEQ Regional Office immediately, reporting the nature of the
emergency and the plan being implemented to correct the emergency.
SECTION 2.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas' Code of
Ordinances, except where the provisions of this Ordinance are in direct conflict with the
provisions of such Ordinances, in which event the more restrictive provision shall apply.
SECTION 3.
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo, Texas,
that the phrases, clauses, sentences, paragraph or section of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance should be declared
unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
or sections of this Ordinance, since the same would have been enacted by the City Council
without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
SAVINGS
That all rights and privileges of the City of Cibolo, Texas, are expressly saved as to any and all
violation of the provisions of any Ordinance affecting water use, which have accrued at the time
of the effective date of the Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
SECTION 5.
EFFECTIVE DATE
That this Ordinance shall be effective upon the approval of the City Council of the City of
Cibolo, Texas, and the publication of the fees twice in the newspaper of record.
PASSED AND APPROVED this 13th day of May, 2014
APPROVED:
Mayor Lisa M. Wksom
ATTEST:
Peggy Cimics, City Secretary