ORDINANCE NO. 2023-04  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TOLAR, TEXAS AMENDING SECTIONIX, DROUGHT CONTINGENCY PLAN IN ORDER TO CONSERVE THE AVAILABLE WATER SUPPLY AND PROTECT THE INTEGRITY OF WATER SUPPLY FACILITIES  NOW, THEREFORE, bei it ordained, by the City Council ofthe City ofTolar, Texas as  follows:  That the Code ofOrdinances, City ofTolar, Texas is hereby amended by adding Chapter  13 which shall read as follows:  Section I: Declaration ofl Policy, Purpose, and Intent  In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City ofTolar hereby adopts the following Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to ber non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s)to  regulations and restrictions on the delivery and consumption of water.  penalties as defined in Section XI ofthis Plan. Section I: Public Involvement  Opportunity for thej public toj providei input into the preparation oft the Plan was provided by the City  ofTolar by means ofPosted Public Notice at City Hall to be reviewed.  Section III: Public Education  The City of Tolar will periodically provide the public with information about the Plan, including information about the conditions under which each stage oft thel Plan is tol be initiated or terminated and the drought response measures to be implemented in each stage. This information will be  provided by means of Posted Public Notice at City Hall to be reviewed. Section IV: Coordination with Regional Water Planning Groups  The service area of the City ofTolar is located within the Brazos - G- Regional Water Planning Group and CityofTolar) has provided lac copy ofthis Plani tot the Brazos -G- Regional Water Planning  Group.    Section V: Authorization  The Mayor of Tolar, or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Mayor ofTolar, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as  described in this Plan. Section VI: Application  The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City ofTolar. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities.  Section VII: Definitions  For the purposes ofthis Plan, the following definitions shall apply:  Aesthetic water use: water used for ornamental or decorative purposes such as fountains, reflecting Commercial and institutional water use: water use that is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and Conservation: those practices, techniques, and technologies that reduce the consumption ofwater, reduce the loss or waste ofwater, improve the efficiencyi in the use ofwater ori increase the recycling and reuse of water SO that a supply is conserved and made available for future or alternative uses. Customer: any person, company, or organization using water supplied by City ofTolar. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or Evennumbera addresses: street addresses, box numbers, or rural postal route numbers ending in 0,2, Industrial water use: the use ofwateri in processes designed to convert materials oflower value into Landscape irrigation use: water used fort thei irrigation and mainemancoflandkaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses,  pools, and water gardens.  motels, restaurants, and office buildings.  institution.  4,6, or 8 and locations without addresses. forms having greater usability and value.  parks, and rights-of-way and medians.  2    Non-essential water use: water uses that are not essential nor required for the protection of public, (a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (c) use ofwater to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, (d) use of water to wash down buildings or structures for purposes other than immediate fire (e) flushing gutters or permitting water to run or accumulate in any gutter or street; use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type use ofwateri ina ai fountain orj pond for aesthetic or scenic purposes except where necessary to (h) failure to repair a controllable leak(s) within a reasonable period after having been given use of water from hydrants for construction purposes or any other purposes other than fire  health, safety, and welfare, including:  otherwise provided under this Plan;  or other hard-surfaced areas;  protection; pools;  support aquatic life;  notice directing the repair of such leak(s); and  fighting.  Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1,3, Section VIII: Criteria for Initiation and Termination of Drought Response Stages The Mayor of Tolar or his/her designee shall monitor water supply and/or demand conditions ona daily basis and shall determine when conditions warrant initiation or termination ofeach stage ofthe The triggering criteria/trigger levels described below are based on a statistical analysis of the vulnerability of the water source under drought of record conditions, or based on known capacity  5,7,or9.  Plan, that is, when the specified "triggers" are reached.  limits.  Stage 1 Triggers = MILD Water Shortage Conditions  Requirements for initiation  Customers shall be requested to voluntarily conserve water and adhere to thej prescribed restrictions  on certain water uses, annually, beginning on May 1 through September 30. Stage 2' Triggers - MODERATE Water Shortage Conditions  Requirements for initiation  3    Customers shalll be required to comply with the requirements: andi restrictions on certain non-essential water uses provided in Section IX ofthis Plan when,continually. falling water reservoir levels which  do not refill above 14'-6" overnight. Requirements for termination  Stage 2 oft the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of3 consecutive days. Upon termination of Stage 2, Stage 1 becomes  operative.  Stage 3Triggers - SEVERE Water Shortage Conditions  Requirements fori initiation above 13' overnight. Requirements for termination  Customers shall be required to comply with thei requirements andi restrictions on certainn non-essential water uses for Stage 3 oft this Plan when continually falling water reservoir levels that do not refill  Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for aj period of3 consecutive days. Upon termination of Stage 3, Stage 21 becomes  operative.  Stage 4Triggers - CRITICAL Water Shortage Conditions  Requirements for initiation above 10' overnight. Requirements for termination  Customers shalll be required to comply witht thei requirements and restrictions on certaini non-essential water uses for Stage 4 ofthis Plan when continually falling water reservoir levels that do not refill  Stage 4 oft the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for aj period of5 consecutive days. Upon termination of Stage 4, Stage 3 becomes  operative.  Stage 5Triggers EMERGENCY Water Shortage Conditions  Requirements for initiation  Customers shall be required to comply with thei requirements andi restrictions for Stage 50 ofthis Plan when Mayor ofTolar, orl his/her designee, determines that a waters supply emergency exists based on:  1. 2.  Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or Natural or man-made contamination oft the water supply source(s).  4    Requirements for termination  Stage 5 oft the Plan may be rescinded when all oft the conditions listed as triggering events have  ceased to exist for a period of3 consecutive days.  Section IX: Drought Response Stages  Thel Mayor ofTolar, or his/her designee, shall monitor water supply and/or demand conditions ona daily basis and, in accordance with the triggering criteria set forth in Section VIII ofthis Plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and  shall implement the following notification procedures:  Notification  Notification of the Public:  The Mayor ofTolar or his/ her designee shall notify the public by means of:  Signs posted in public places, Door knockers, Cily Website, Text messages, o1 email  Additional Notification: following individuals and entities: Mayor/City Council Police Chief County Commissioner Precinctl 1 Fire Chief(s) TCEQ  The Mayor of Tolar or his/ her designee shall notify directly, or cause to be notified directly, the  Stage 1 Response = MILD Water Shortage Conditions  Goal: Achieve a voluntary 10 percent reduction in water demand.  Supply Management Measures:  Describe measures, ifa any to be implemented by City ofTolar to manage limited water supplies and/or reduce water demand. Reduced or discontinued flushing of  water mains.  Voluntary Water Use Restrictions:  5    (a) Water customers are: requested to voluntarily limit thei irrigation oflandscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0,2,4, 6or8 8), and Saturdays and' Wednesdays for water customers with a street address ending in an odd number (1,3,5,7 or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m to midnight on (b). All operations ofthe City ofTolar shall adhere to water use restrictions prescribed: for  designated watering days. Stage 2 oft the Plan.  (c) Water customers are requested to practice water conservation and to minimize or  discontinue water use for non-essential purposes.  Stage 2 Response - MODERATE Water Shortage Conditions Goal: Achieve a 20 percent reduction in daily water demand.  Supply Management Measures:  Reduced or discontinued, flushing ofwater mains.  Water Use Restrictions. Under threat of penalty for violation, the following water use (a) Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0,2,4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1,3,5,7or9), and irrigation of landscaped areas is further limited to the hours of12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at anytime ifit is by means ofal hand-held hose, a faucet filled bucket or watering can off five (5) gallons (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:001 midnight. Such washing, when allowed, shall be done with al hand-held bucket or a hand-held hose equipped with a positive shutoffnozzle for quick rises. Vehicle washing may be done at any time on the immediate premises ofa a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations ifthel health, safety, and welfare ofthe public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.  restrictions shall apply to all persons:  or less, or drip irrigation system.  6    (c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, orjacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8j p.m. and 12:001 midnight. (d) 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 ai recirculation system.  (e) Useofwater: from hydrants shall be limited toi fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated firel hydrants for construction purposes may be allowed under (f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between thel hours 12:001 midnight and 10:00a.m. and between 8 p.m. and 12:00 midnight. However, ifthe golf course utilizes a water source other than that provided by the CityofTolar, the facility shall not bes subject to (g) All restaurants are prohibited from serving water toj patrons except upon request ofthe (h) The following uses of water are defined as non-essential and are prohibited: 1.V wash downofany sidewalks, walkways, driveways, parking lots, tennis courts, or 2. use of water to wash down buildings or structures for purposes other than 4. flushing gutters or permitting water to run or accumulate in any gutter or street; 5. failure tor repairacontrolable leak(s) withinareasonable period afterl having been  special permit from the City of Tolar.  these regulations. patron.  other hard-surfaced areas; immediate fire protection; 3. use of water for dust control;  and  given notice directing the repair of such leak(s).  Stage 3 Response = SEVERE Water Shortage Conditions  Goal: Achieve a 35 percent reduction in daily water demand.  Supply Management Measures:  7    Describe measures, ifany, to be implemented. directlyb by CityofTolar toi manage limited water supplies and/or reduce water demand. Discontinued flushing of water mains, Water Use Restrictions. All requirements of Stage 2 shall remain in effect during Stage 3  reduced or discontinued irrigation of public landscaped. areas.  except:  (a)Irrigation ofl landscaped areas shall be limited to designated watering days between the hours of12:001 midnight and 10:00 a.m. and between 8j p.m. and 12:00midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose-end  sprinklers is prohibited at all times.  (b) The watering ofg golfcourse tees is prohibited unless the golfcourse utilizes a water (c) The use of water for construction purposes from designated fire hydrants under  source other than that provided by the City ofTolar.  special permit is to be discontinued.  Stage 41 Response = CRITICAL Water Shortage Conditions  Goal: Achieve a 50 percent reduction in daily water demand.  Supply Management Measures:  Describe measures, ifany, to be implemented. directly by CityofTolar toi manage limited water supplies and/or reduce water demand. Discontinued flushing of water mains, Water Use Restrictions. All requirements of Stage 2 and 3 shall remain in effect during (a) Irrigation ofl landscaped areas shall be limited to designated watering days between thel hours of6:00 a.m. and 10:00a.m. and between 8:00 p.m. and 12:00midnight and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation only. The use ofhose-end sprinklers or permanentlyinstalld. automatic sprinkler systems (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises ofa commercial car wash and commercial service stations and not in thei immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and  discontinued irrigation of public landscaped areas.  Stage 4 except:  are prohibited at all times.  10:00. a.m. and between 6:00 p.m. and 10 p.m.  8    (c) The filling, refilling, or adding of water to swimming pools, wading pools, and (d) 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 (e) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage ora  jacuzzi-type pools is prohibited.  ponds are equipped with a recirculation system.  higher-numbered stage shall be in effect.  Stage 5 Response = EMERGENCY Water Shortage Conditions Goal: Achieve a 90 percent reduction in daily water demand.  Supply Management Measures:  Describe measures, ifany, to be mplementeddirecty byCityofTolar to manage limited water supplies and/or reduce water demand. Discontinued, flushing of water mains, iscontinuedimigation ofpublic landscapedareas. No outside water use what. SO ever. Water Use Restrictions. All requirements of Stage 2, 3, and 4 shall remain in effect during Stage  Sexcept:  (a) Irrigation of landscaped areas is absolutely prohibited.  (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other  vehicle is absolutely prohibited.  PASSED AND APPROVED by a vote of 5 ayesand C nays at a regular meeting oft the City  Council oft the CityofTolar, Texas, held on the 15th day dfN May, 2023.  Wa Matt Hutsell, Mayor  ATTEST:  OF TO  Mickelle! Burdette, City ecretary Cbue  TEXAS  9