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File #: ORD-0157    Version: Name:
Type: Ordinance Status: Approved
File created: 6/11/2013 In control: Public Works
On agenda: 7/9/2013 Final action:
Title: Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING CHAPTER 53 OF THE CITY CODE; REGARDING THE DROUGHT CONTINGENCY PLAN; ESTABLISHING RATES FOR SURCHARGES; ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE PLAN; PROVIDING A CRIMINAL PENALTY FOR VIOLATIONS OF THE RATIONING PROVISIONS OF THE PLAN NOT TO EXCEED $2,000 PER OFFENSE; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
Attachments: 1. Ordinance, 2. Exhibit A
Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING CHAPTER 53 OF THE CITY CODE; REGARDING THE DROUGHT CONTINGENCY PLAN; ESTABLISHING RATES FOR SURCHARGES; ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE PLAN; PROVIDING A CRIMINAL PENALTY FOR VIOLATIONS OF THE RATIONING PROVISIONS OF THE PLAN NOT TO EXCEED $2,000 PER OFFENSE; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
 
Summary
Due to extreme drought conditions and rapid reduction in the combined storage of the Highland Lakes, Lakes Travis and Buchanan, the need to modify the Drought Contingency Plan was evident.  The first major change to the plan changed the trigger points for the city's water restriction stages to reflect the level of the lakes as measured by the Lower Colorado River Authority (LCRA).  The former plan used aquifer levels but since the city no longer uses ground water from the wells as its major water source,  it makes sense to use surface water levels.  The second major change is to use an administrative charge to utility bills for watering violations rather than citations through the municipal court.  This will be much more efficient and will allow better tracking by the Utility Department.  The Public Works Department will act on behalf of the City to implement the actions stated in the Drought Contingency Plan.
 
Please find the Ordinance and Exhibit A attached.  The City Attorney has reviewed both documents and approved as to form.
 
Prior City Council Action
The previous drought contingency plan was approved by the City Council on April 26, 2011.
 
The City Council held a public hearing, approved the new drought contingency plan on first reading, and made it effective on June 25, 2013.
 
Deadline for City Council Action
Action is requested on second and final reading on July 9, 2013.
 
Projected Future City Council Action
The Drought Contingency Plan must be updated at a minimum of every five years per Texas Commission on Environmental Quality (TCEQ) /LCRA requirements. Due to the continued drought conditions, staff recommends approval by the CIty Council and submittal to TCEQ/LCRA of this revised plan at this time.  Following Council approval, this revised plan will be submitted to the LCRA and TCEQ with the next update required in 2018.    
 
Staff Recommendation
Approve the ordinance on second and final reading.
 
Drafter
James Wills
Director of Public Works