HomeMy WebLinkAboutVII (A) Resolution No. 2001-02, declaring a Water Shortage Emergency and Providing for Implementation of Water Shortage Plan of the St. Johns River Water Management District Agenda 2-06-2001
Item VII A
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
999100-0401
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: January 30, 2001
RE: Resolution No. 2001-02: Declaration of Water Shortage Emergency
The St. Johns River Water Management District has issued an order declaring a
severe water shortage affecting the City of Ocoee (the "St. Johns Order"). The City of Ocoee
consumptive use permit and the St. Johns Order require that the City take steps to implement
regulations designed to reduce water consumption during the duration of the water shortage.
The City Commission has previously adopted Chapter 175 of the Ocoee City
Code which is a "standby ordinance" with respect to water shortage situations. Chapter 175 is
activated by the adoption of a Resolution finding the existence of a water shortage. Attached
hereto is the Resolution which would implement and activate the terms and provisions of
Chapter 175 of the City Code.
The City staff recommends adoption of Resolution No. 2001-02 in order to
implement Chapter 175 and the terms of the St. Johns Order.
The staff is also in the process of revising Chapter 175 of the City Code to
address other issues necessary to effectively implement the St. Johns water shortage plan.
These Code amendments will be presented at a subsequent City Commission meeting.
RECOMMENDATION
It respectfully is recommended that the Honorable Mayor and City
Commissioners adopt Resolution No. 2001-02 declaring a water shortage emergency and
providing for the implementation of the water shortage plan of the St. Johns River Water
Management District and authorize execution thereof by the Mayor and City Clerk.
Enclosure (�
006.207782.1
RESOLUTION NO. 2001 - 02
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
DECLARING A WATER SHORTAGE EMERGENCY AND
PROVIDING FOR THE LOCAL IMPLEMENTATION OF
THE WATER SHORTAGE PLAN OF THE ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to declare a water
shortage emergency within the City, pursuant to Chapter 175 of the City Code; and
WHEREAS, the St. Johns River Water Management District Governing Board
has issued an Order Declaring a Severe Water Shortage affecting the City of Ocoee,
Florida, with such Order attached hereto as Exhibit "A" and incorporated herein by this
reference (the 'SJRWMD Order"); and
WHEREAS, during such water shortage emergency, the amount of surface
and/or groundwater supplies may become insufficient to meet current or anticipated
demands; and
WHEREAS, upon the existence of such conditions, it becomes imperative to the
public well-being that certain uses of water be restricted or curtailed and that available
water resources be allocated for the most beneficial uses; and
WHEREAS, the St. Johns River Water Management District has responsibility
under Chapter 373, Florida Statutes, for regulating water use and allocating available
water supplies during periods of water shortage; and
WHEREAS, the St. Johns River Water Management District has adopted a
"Water Shortage Plan", codified as Chapter 40C-21, Florida Administrative Code, for the
purpose of allocating and conserving the water resource during periods of water
shortage and maintaining a uniform approach towards water use restrictions; and
006 206321 2
WHEREAS, the St. Johns River Water Management District has requested the
assistance of the City of Ocoee in the enforcement of the provisions of the "Water
Shortage Plan" and the SJRWMD Order; and
WHEREAS, it is the desire of the City Commission of the City of Ocoee to
provide the St. Johns River Water Management District with assistance in the
enforcement of the provisions of the 'Water Shortage Plan' during the water shortage
emergency; and
WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty
of county/municipal governmental and law enforcement officials to assist the St. Johns
River Water Management District in the enforcement of Chapter 373, Florida Statutes,
and any rules adopted thereunder, upon request by the St. Johns River Water
Management District; and
WHEREAS, the City Commission of the City of Ocoee has the power, pursuant
to Section 175-3 of the City Code, to declare a water shortage emergency if (i) the
estimated present and anticipated demand for water exceeds the estimated present and
anticipated available water supply such that a water shortage exists; and (ii) the City has
an immediate need for measures to address the water shortage to assure an adequate
supply of water to water users within the City of Ocoee's water service territory; and
WHEREAS, the City Commission hereby declares that the conditions of Section
175-3 of the City Code have been met and that a water shortage emergency exists
within the corporate limits of the City; and
WHEREAS, the City Commission of the City of Ocoee hereby finds and declares
that the adoption of this Resolution is necessary, appropriate, and in the public interest
of the citizens of this community.
006.206321.2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee
has the authority to adopt this Resolution pursuant to Article VIII of the
constitution of the State of Florida and Chapter 166, Florida Statutes.
SECTION 2. Intent and Purpose. It is the intent and purpose of
this Resolution to protect the water resources of the City of Ocoee from the
harmful effects of overutilization during periods of water shortage and allocate
available water supplies by assisting the St. Johns River Water Management
District in the implementation of its Water Shortage Plan and enforcement of the
water use restrictions contained in the SJRWMD Order.
SECTION 3. Amendments to Water Shortage Plan. Chapter
40C-21, Florida Administrative Code, as same may be amended from time to
time, is incorporated herein by this reference.
SECTION 4. Declaration of Water Shortage Emergency. The
St. Johns River Water Management District Governing Board has declared a
water shortage emergency within the corporate limits of the City of Ocoee. The
City Commission of the City of Ocoee hereby finds that the circumstances
described in Section 175-3 of the City Code exist within the corporate limits of
006206321.2
the City. In light of the foregoing, the City Commission of the City of Ocoee
hereby declares a water shortage emergency within the corporate limits of the
City and finds that Chapter 175 of the City Code shall be in effect and
enforceable throughout the corporate limits of the City. Upon the adoption of this
Resolution, all water use restrictions or other measures adopted by the District in
the SJRWMD Order shall be subject to enforcement action. In addition, the City
Manager is hereby authorized upon the adoption of this Resolution to delegate
enforcement responsibilities for this Resolution to departments of the City
government, pursuant to Chapter 175 of the City Code.
SECTION 5. Enforcement. The City of Ocoee shall diligently
enforce the provisions of 175 of the City Code and shall issue citations for
violations of the same according to the provisions thereof. All fines collected for
such violations shall be for the benefit of the City.
SECTION 6. Severability. If any section, subsection, sentence,
clause, phrase or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion hereto.
SECTION 7. Effective Date. This Resolution shall become
effective immediately upon passage and adoption.
006.206321.2
PASSED AND ADOPTED this day of , 2001.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Name: S. Scott Vandergrift, Mayor
Title:
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2001.
FOLEY & LARDNER
By:
City Attorney
006.206321 2
Mimni
St. johns riv
=m Water Management Dist Slit JAN 2 4 20�I
a.H°
+u=mc Henry Dean.Executive Director • John R.Wahl,Assistant Executive �s•r '.
Post Office Box 1429 • Palatka, FL 32178-1429 • (904) 329-450C
January 16, 2001
Dear Permit I lolder:
On Wednesday, January 10, 2001, the St. Johns River Water Management District
(District) declared, by Order P.O.R. 2000-62 a Phase II Water Shortage which applies to all
sources of water within the St. Johns River Water Management District, except reclaimed water,
in Lake, Marion, Orange, Polk, Seminole, and Volusia counties, regardless of whether the water
comes from a private surface water withdrawal, a private well, or a privately owned or publicly
owned water utility. Additional, the Order applies to water users, with the exception of
reclaimed water users, within Brevard County served by the city of Cocoa public water supply
system or by the City of Titusville public water supply system.
As the holder of a District Consumptive Use Permit you are hereby notified that this
Order is effective at 12:01am on Monday, January I5, 2001 . The Order will remain in effect
until amended or repealed by the District.
This action was taken because conditions are such that there is likelihood that insufficient
water will be available to meet user demands and a reduction in total water use within the area is
necessary to protect water resources from serious harm. Your cooperation is necessary in order
to protect and conserve our water resources during this period of water shortage.
According to the conditions of your Consumptive Use Permit additional restrictions may
be placed on your water use during a declared water shortage. Please read the attached order to
determine the specific restrictions, which must be followed for your particular type of water use.
The District in cooperation with local law and code enforcement agencies will enforce this order.
If you have questions contact the District at 1-800-232-0904 or log on to the District's
website at burr//sir state.fl.us.
Sincerely,
111 AA
Hal ring,
Rest , Management
Enclosures
DOVERNIND BOARD
William Kerr,PINWMN Omehias D.Long.MM'E CHAIRMAN Jell K.Jennings,SECRETARY Duane Ottenatroer,TREASURER
MELBOURNE MACH APOPNA MAITUND JCKSIXhlLE
Dan Reach William M.Segal Otis Mason Clay Albright Reid Hughes
FERIANDIA MACH MARUND St AUGUSTINE EAST LAKE WEIR DAYIGA MAGI
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
In Re:
Declaration of a Severe
Water Shortage Within F.O.R. 2000-62
Lake, Marion, Orange, Polk
Seminole and Volusia Counties
ORDER DECLARING A SEVERE WATER SHORTAGE WITHIN LAKE,
MARION, ORANGE, POLK, SEMINOLE, AND VOLUSIA COUNTIES
The Governing Board of the St. Johns River Water Management District
(District) during its regularly scheduled meeting on Th.wor`J\0, 2001, after
receiving testimony, evidence and recommendations from District staff and being
otherwise fully apprised of the matter, issues this Order containing the following
Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1 . A District-wide Water Shortage Warning was issued by the Governing
Board on April 13, 1999, and is currently in effect.
2. There is currently an area within the District that is experiencing
significantly lower water levels as a result of below normal rainfall.
3. The area of concern is described as Lake County, Marion County,
Orange County, Polk County, Seminole County, and Volusia County.
4. The City of Cocoa public water supply utility system receives a significant
portion of its water from wellfields located wholly within Orange County.
5. The City of Titusville public supply utility obtains a significant portion of its
water from the City of Cocoa public supply utility.
6. As of November 30, 2000, Marion, Orange, Polk, Seminole, Volusia and
Lake counties have experienced rainfall deficits for the last year from ten (10) inches to
twenty (20) inches below normal. South Lake County has experienced rainfall deficits
for the last year from twenty (20) inches to twenty-six (26) inches below normal.
7. Groundwater levels in Lake, Marion, Polk, Seminole, and Volusia
counties have declined three (3) to four (4) feet for the past year, while groundwater
levels in southwest Orange County have declined almost nine (9) feet.
8. Lake levels in the area of concern have dropped from three (3) feet to
nine (9) feet with the greatest decline in lake levels occurring in Lake County.
9. Recent long-term weather forecasts have indicated that below normal
precipitation will persist through April of 2001.
10. The rainfall deficits and other conditions indicate that the area of concern
is experiencing a severe drought on the order of a 100 to 200 year drought frequency.
11. As a result of the above factors, conditions are such that there is a
likelihood that insufficient water will be available to meet user demands and a reduction
in total water use within the area is necessary to protect water resources from serious
harm.
CONCLUSIONS OF LAW
12. Pursuant to subsection 373.246(I), Florida Statutes (F.S.), the Governing
Board of the District shall formulate a plan for implementation during periods of water
shortage to regulate the withdrawal and use of water so as to protect the water
resources of the District. Chapter 40C-21 , Florida Administrative Code (F.A.C.), is the
District's Water Shortage Plan.
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13. Pursuant to subsection 373.246(2), F.S., and Rule 40C-21 .231 , F.A.C.,
the Governing Board of the District may declare a water shortage within ail or part of the
District when there is a likelihood that insufficient water will be available to meet user
demands and a reduction in total water use within the area is necessary to protect
water resources from serious harm.
14. The District has monitored water conditions within the District as required
by Rule 40C-21.221, F.A.C.
15. Conditions within Lake, Marion, Orange, Polk, Seminole, and Volusia
counties are such as to warrant restrictions on water use as set forth below for all water
source classes, except reclaimed water.
16. Pursuant to sections 373.609 and 373.613, F.S., every state and county
attorney, sheriff, police officer, and other appropriate city and county official has the
authority to enforce this order.
ORDER
Based upon the Findings of Fact and Conclusions of Law the Governing Board
orders that:
1 . A severe water shortage is declared and Phase II Severe Water Shortage
Restrictions are imposed, in accordance with Section 40C-21.631, F.A.C., as
specifically modified herein, for all sources of water, with the exception of reclaimed
water, in Lake, Marion, Orange, Polk, Seminole, and Volusia counties. These
restrictions apply to all uses of ground or surface water in these counties, regardless of
whether the water comes from a private surface water withdrawal, a private well or a
privately owned or publicly owned water utility. Additionaly, these restrictions apply to
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those water users, with the exception of reclaimed water users, within Brevard County,
served by the City of Cocoa public water supply system or by the City of Titusville public
water supply system.
2. All water users within the St. Johns River Water Management District
portion of Polk County are required to restrict their use of water in accordance with the
water use restrictions currently in effect for the Southwest Florida Water Management
District. All other restrictions as set forth in paragraphs 3 through 11 below shall apply
only to Lake, Marion, Orange, Seminole, and Volusia counties and to those water users
in Brevard County served by the City of Cocoa public water supply system or by the
City of Titusville public water supply system and shall not apply to Polk County.
3. Each publicly-owned and privately-owned water utility shall implement
measures available to the utility to reduce water use by its customers. Each utility shall
strive to reduce monthly water use (i.e., raw groundwater or surface water withdrawals)
by at least 15% from the same month in the year 2000. Specific actions shall be
implemented by each utility and may include, but are not limited to, the following:
educating the public and other customers on the water shortage restrictions contained
in this order; enforcing the water shortage restrictions contained in this order; assisting
customers in resetting irrigation timers to comply with the irrigation restrictions in this
order; and reducing water pressure at the point of use when operationally feasible and
consistent with public health standards. For water use starting February 1, 2001, each
permitted water supply utility shall submit its recorded daily water use data, tabulated
monthly, to the District no later than the tenth day of each month for the preceding
month. Each monthly submittal shall reference Water Shortage Order F.O.R. 2000-62
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and be mailed directly to the SJRWMD Orlando Service Center, Permit Data Services,
618 East South Street, Orlando, FL 32801.
4. Landscape Irrigation
(a) Landscape irrigation is restricted to a maximum of two days per week
and shall not occur between the hours of 10:00 a.m. and 4:00 p.m. Irrigation of existing
landscape with odd addresses is only allowed on Wednesday and Saturday. Irrigation
of existing landscape with even addresses or no address is only allowed on Thursday
and Sunday. Irrigation on these designated days shall only occur when actually needed
because of a lack of rainfall, and shall be limited to the application of no more than 3/4"
of water in the irrigated area.
(b) Low-volume irrigation is permitted anytime with a hand-held garden hose
provided it is fitted with an automatic shutoff nozzle.
(c) Irrigation resulting from the operation of water-to-air heat pumps is
permitted anytime.
(d) New landscape is authorized to be irrigated on any day between the
hours of 4:00 p.m. and 10:00 a.m. during the first 30 days following its installation. The
installation of new landscape should be postponed until this water shortage order is
rescinded.
5. Agricultural Use
(a) Agricultural Irrigation
1 . Overhead irrigation, inciuu,ng portable volume guns, is
restricted to the hours of 4 00 p m. to 10:00 a.m.
2. Low volume irrigation hours are not restricted.
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3. Flood and seepage irrigation must not discharge tailwater
from the property.
4. All irrigation systems must be operated in a manner that
maximizes the percentage of water held in the root zone of
the crop and minimizes the amount of water that is released
or lost to the user.
(b) Soil Flooding
1. Soil flooding for pest control or soil preservation shall be
prohibited.
2. Soil flooding to permit harvesting of sod should be voluntarily
reduced.
(c) Freeze Protection
Water use for freeze protection is limited to applicable
consumptive use permit conditions.
6. Nursery/Golf Course/Recreation
(a) Nursery Use
1. Overhead irrigation uses are restricted as follows:
a. Inside - Water only between 8:00 a.m. to 8:00 p.m.
seven days per week.
b. Outside - Water only on odd numbered days but not
between 7:00 a.m. to 7:00 p.m.
2. Flood irrigation systems are restricted to 6 days per month.
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3. Applications of fertilizers, herbicides, and pesticides should
be coordinated with irrigation schedules.
4. Low volume irrigation uses and low volume hand watering
should be voluntarily reduced.
(b) Golf Course Use
1. Irrigation of fairways, roughs, and non-playing areas on the
first nine holes of the course is restricted to the hours of
12:01 a.m. to 8:00 a.m. on Wednesday and Saturday.
2. Irrigation of fairways, roughs, and non-playing areas on the
last nine holes of the course is restricted to the hours of
12:01 a.m. to 8:00 a.m. on Thursday and Sunday.
3. Applications of fertilizers, herbicides, and pesticides should
be coordinated with irrigation schedules.
4. Irrigation of greens and tees should be voluntarily reduced
and must be accomplished during non-daylight hours.
(c) Water Based Recreation Use
1. Draining of facilities into sewers or onto impervious surfaces
is prohibited.
2. Water based recreation water use should be voluntarily
reduced.
7. Outside aesthetic use of water utilizing non-re-circulating fountains are
prohibited.
8. All surface water augmentation is prohibited except that which is
specifically authorized for irrigation use under a valid consumptive use permit.
9. Personal vehicle washing must be done using a handheld hose equipped
with an automatic shut-off nozzle.
10. All other discretionary uses of water should be reduced to the greatest
extent possible.
11 . The Governing Board requests that every city and county commission,
state, county, and city attorney, sheriff, police chief, code enforcement, and other
appropriate local governmental official assist in the implementation and enforcement of
this Order.
12. This Order shall become effective at 12:01 a.m. onJanuary 15, 2001 .
Done and Ordered this i0 ' day of Janu ar , 2001, at Palatka, Florida.
ST. J lVS IV W
MA AGE N
ILLIAM R, AIRMAN
GOVERNI G BOARD
RENDERED this I>Hi day of January , 2001.
b 41 r ins (32-tricrm
SANDRA BERTRAM
DISTRICT CLERK
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