ORD 903 07/02/2009 ORDINANCE NO. 9133
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
ORDINANCE NO. 615 and 859 WATER ORDINANCE, AS AMENDED,
BY REMOVING WATER USE REDUCTION STAGES OF THE DEMAND
MANAGEMENT PLAN; ADDING ADDENDUM/ATTACHMENT 3
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 Ordinances No. 615 and 859 (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 Ordinances No. 615 and 859.
SECTION 3.
WATER USE REDUCTION STAGES
OF THE DEMAND MANAGEMENT PLAN DELETED
The WATER USE REDUCTION STAGES OF THE DEMAND MANAGEMENT
PLANS are hereby deleted.
SECTION 4.
ADDENDUM/ATTACHMENT 3 ADDED
ADDENDUM/ATTACHMENT 3 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 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 or Special City Council Meeting scheduled for the second Tuesday of April every
year or Special City Council Meeting as needed
• Annual mailing every January to each City of Cibolo water customer
• 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.
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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 drought contingency program through television, radio and the
City of Cibolo official website. Notification to the public 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@tceq.state.tx.us prior to implementing Stage III Critical 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 Water Use Restrictions.
Section 6—Violations
Year-Round Mandatory Water Conservation Prokram and Stake I
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 $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
Third Violation at an Address in a 12-Month Period $500
All Subsequent Citations $700
STAGE II and STAGE III
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 $700
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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 $700
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.
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.
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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 8 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. When the J-17 index well in the San Antonio Pool level reaches 650 feet above mean sea level
AND
2. Average daily water usage reaches eighty five percent (85%) of system water production capacity
for ten (10) consecutive days.
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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 Mandatory Water Use Restrictions of the Plan may end when one of the triggering event(s) has
ceased to exist for a period of ten (10) consecutive days. Upon termination of Stage I Mandatory 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 8 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:
A. 0, 1, 2, and 3, are limited to watering on Mondays and Thursdays
B. 4, 5, and 6 are limited to watering on Tuesdays and Fridays.
C. 7, 8, and 9 are limited to watering on Wednesdays and Saturdays.
Watering on Sundays with automatic sprinkler systems is prohibited.
Watering of landscaped areas is further prohibited between the hours of 10 a.m. and
8 p.m. 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.
D. 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. When the J-17 index well in the San Antonio Pool level reaches 640 feet above mean sea
level;
AND
2. Average daily water use reaches ninety percent (95%) of system water production capacity
for ten (10) consecutive days;
AND
3. 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
causing water pressures to fall below forty five (45) PSI.
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 condition#1 and one of the other
conditions (2 or 3) 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:
A. 0 and 1 are limited to watering on Mondays only.
B. 2 and 3 are limited to watering on Tuesdays only.
C. 4 and 5 are limited to watering on Wednesdays only.
D. 6 and 7 are limited to watering on Thursdays only.
E. 8 and 9 are limited to watering on Fridays only.
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Watering of landscaped areas by automatic sprinkler system is prohibited on week-
ends.
Watering of landscaped areas is further prohibited between the hours of 10 a.m. and
8 p.m. 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 and not between
the hours of 10:00 a.m. and of 8:00 p.m. 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 wash 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 is prohibited except on designated watering days as specified in
paragraph 1. above or by hand-held hose 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. This provision will not be in effect for systems
supplied by recycled or reclaimed water.
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;
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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. When the J-17 index well in the San Antonio Pool level reaches 630 feet above mean sea level;
AND
2. Water demand exceeds ninety seven percent (97%) of system water production capacity for five
(5) consecutive days after water demand has exceeded ninety five percent (95%) of production
capacity for thirty (30) days,
OR
3. 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;
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 except 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
The following water use restrictions shall apply to all water customers:
1. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation system
will only be allowed once every two weeks. The first full week of the month and the third
full week of the month will be designated as watering weeks. Each week will be
recognized as beginning on Monday.
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Water customers with house numbers that end with:
A. 0 and 1 are limited to watering on Mondays only.
F. 2 and 3 are limited to watering on Tuesdays only.
G. 4 and 5 are limited to watering on Wednesdays only.
H. 6 and 7 are limited to watering on Thursdays only.
I. 8 and 9 are limited to watering on Fridays only.
Watering of landscaped areas by automatic sprinkler system is prohibited on week-
ends.
Watering of landscaped areas is further prohibited between the hours of 10 a.m. and
8 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 and not between
the hours of 10:00 a.m. and of 8:00 p.m. 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 wash 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 is prohibited except on designated watering days as specified in
paragraph 1. above or by hand-held hose 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. This provision will not be in effect for systems
supplied by recycled or reclaimed water.
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;
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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;
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
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.
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AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of ‘ for to against this 2nd. day of July,
2009.
APPROVED:
Q_4444 A �
Q
ayor Je fer artman
Al"1EST:
7--- Z...„.......;„
Peggy Cimics, City Secretary
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