ORD 859 07/22/2008 ORDINANCE NO. 8 5 9
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
ORDINANCE NO. 615 WATER ORDINANCE, AS AMENDED, BY
REMOVING WATER USE REDUCTION STAGES OF THE DEMAND
MANAGEMENT PLAN; ADDING ADDENDUM/ATTACHMENT 2
DROUGHT CONTINGENCY PLAN; PROVIDING FOR
INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING THAT
THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES
OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE
PROVISIONS OF THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR 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, the City of Cibolo, Texas, adopted Ordinance No. 615 (Water 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; and
WHEREAS, the City Council has considered the merits of this amendment to the Water
Ordinance and has determined that this ordinance is necessary to protect the health,
safety,morals, and welfare of the community.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
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SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo, Texas, and amend Ordinance No. 615.
SECTION 3.
WATER USE REDUCTION STAGES
OF THE DEMAND MANAGEMENT PLAN DELETED
The WATER USE REDUCTION STAGES OF THE DEMAND MANAGEMENT
PLAN is hereby deleted.
SECTION 4.
ADDENDUM/ATTACHMENT 2 ADDED
ADDENDUM/ATTACHMENT 2 DROUGHT CONTINGENCY PLAN is hereby added
to read as follows:
"Section 1—Declaration of Policy,Purpose and Intent
In cases of extreme drought, periods of abnormally high usage, system contamination, or extended
reduction in ability to supply water due to equipment failure, temporary restrictions may be instituted to
limit nonessential water usage. The purpose of the Drought Contingency Plan (Plan) is to encourage
water customer conservation in order to maintain supply, storage, or pressure or to comply with the
requirements of a court, government agency or other authority.
Section 2—Public Involvement
Opportunity for the public to provide input into the preparation of the Plan was provided by:
Scheduling and providing public notice of a public meeting to accept input on the plan. The meeting
took place at:
Date: July 8, 2008 Time: 7:00 p.m. Location: 200 South Main Street, Cibolo, Texas 78108
Section 3—Public Education
The City of Cibolo will periodically provide the public with information about the Plan, including
information about the conditions under which each stage of the Plan is to be initiated or terminated and
the drought response measures to be implemented in each stage.
Drought plan information will be provided by:
• Regular City Council Meeting scheduled for the second Tuesday of April every year
• Annual mailing every January to each City of Cibolo water customer
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• The City of Cibolo Official Website
Section 4—Coordination with Regional Water Planning Groups
The service area of the City of Cibolo is located within Regional Water Planning Group (RWPG) South
Central Texas Regional Water Planning Group.
The City of Cibolo has mailed a copy of this Plan to the RWPG.
Section 5—Notice Requirements for Stages I,II or III
Notification will be provided to water customers at least seventy two (72) hours prior to implementation
or termination of Stages I, II or III of the thought contingency program through television, radio and the
City of Cibolo official website. Notification to thepublic will contain the following information:
1. the date water use restrictions will begin;
2. the stages of response and explanation of the water use restrictions to be implemented; and
3. an explanation of the consequences for violations.
In addition to the notifications listed above, the City of Cibolo will publish a notice of the
implementation or termination of each stage of the drought contingency program in the City of Cibolo's
official newspaper at the earliest date possible.
The City of Cibolo must notify the TCEQ by telephone at (512) 239-4691, or electronic mail at
watermon(a�,tceq.state.tv.us prior to implementing Stage III or Stage IV Mandatory Water Use
Restrictions and must notify in writing the Public Drinking Water Section at MC — 155, P.O. Box
13087, Austin, Texas 78711-3087 within five (5) working days of implementation including a copy
of the City of Cibolo's restriction notice. The City of Cibolo must file a status report of its water
use restriction program with the TCEQ at the initiation and termination of Stage III and IV
Mandatory Water Use Restrictions.
Section 6—Violations
Year-Round Mandatory Water Conservation Program and Stare I
Residential Customersof the City of Cibolo Water System
First Violation at an Address in a 12-Month Period Written Warning
Second Violation at an Address in a 12-Month Period $50
Third Violation at an Address in a 12-Month Period $200
All Subsequent Citations $500
Commercial/Industrial Customers of the City of Cibolo Water System
First Violation at an Address in a 12-Month Period Written Warning
Second Violation at an Address in a 12-Month Period $200
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Third Violation at an Address in a 12-Month Period $400
All Subsequent Citations $800
STAGE H and STAGE HI
Residential Customers of the City of Cibolo Water System
First Violation at an Address in a 12-Month Period Written Warning
Second Violation at an Address in a 12-Month Period $200
All Subsequent Citations $500
Commercial/Industrial Customers of the City of Cibolo Water System
First Violation at an Address in a 12-Month Period Written Warning
Second Violation at an Address in a 12-Month Period $300
All Subsequent Citations $1,000
All twelve-month(12-month)periods begin at 12:01 a.m. January 1st and end at midnight December 31st
of that year. All citations are per physical street address. Citations will be issued to the individual in
proximate care of the residence where the offense occurs at the time of the incident. All violations are
cumulative with no deference to which stage under which the initial or subsequent violations occurred.
The City of Cibolo reserves the right to permanently remove water meters for repeated violations of the
Drought Contingency Plan.
Section 7—Exemptions or Variances
The City of Cibolo may grant any water customer an exemption or variance from the drought
contingency plan for good cause upon written request. Exceptions will be considered on a case-by-
case basis and will be subject to any conditions established by the City of Cibolo. No more than one (1)
exception may be granted to a single address within a calendar year. A water customer who is refused
an exemption or variance may appeal such action of the City of Cibolo in writing to the Texas
Commission on Environmental Quality. The City of Cibolo will treat all water customers equally
concerning exemptions and variances and shall not discriminate in granting exemptions and variances.
No exemption or variance shall be retroactive or otherwise justify any violation of this Plan occurring
prior to the issuance of the variance.
Section 8—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.
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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 1st
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:
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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. When the J-17 index well in the San Antonio Pool level reaches 660 feet above mean sea level.
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.
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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. When the J-17 index well in the San Antonio Pool level reaches 650 feet above mean sea level.
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
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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 from 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,
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4. Other unforeseen events which could immanent health or safety risks to the public, or
5. When the J-17 index well in the San Antonio Pool level reaches 640 feet above mean sea level.
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."
SECTION 5.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas,
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 6.
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that
the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance should be
declared unconstitutional by the valid judgment or decree of any court of competent
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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 7.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all
violations of the provisions of any Ordinances affecting water use, which have accrued at
the time of the effective date of this 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 8.
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.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of 5 for to �/L against this ca.day of July,
2008.
APPROVED:
��•yor Je r -r Hartman
ATTEST:
/
Peggy Cimics, City Secretary
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