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HomeMy WebLinkAboutResolution 5315 Stage 2 Drought DeclarationVersion April 2020 RESOLUTION 5315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING A STAGE TWO DROUGHT, IMPLEMENTING STAGE TWO DROUGHT RESPONSE MEASURES AND STAGE TWO DROUGHT SURCHARGES, AND AUTHORIZING THE BOZEMAN CITY MANAGER TO ISSUE OR RESCIND ADDITIONAL DROUGHT STAGE DECLARATIONS AND DROUGHT SURCHARGES AND IMPLEMENT ADDITIONAL DROUGHT RESPONSE MEASURES THROUGH ADMINISTRATIVE ORDERS. WHEREAS, the Bozeman City Commission is authorized pursuant to the laws of the State of Montana including Section 7-13-4402, MCA, to adopt, enter into, and carry out means for securing a supply of water for the use of the City and its inhabitants; and WHEREAS, the Bozeman City Commission is committed to drought preparedness pursuant to the Drought Management Plan (Plan) adopted by Resolution 4728 by the City Commission on January 9, 2017; and WHEREAS, the Plan defines four stages of drought that increase in severity from Stage 1 to Stage 4 and provides specific drought response measures for each drought stage that reduce system-wide water use to avoid depleting the City’s available water supply; and WHEREAS, drought response measures become more protective of the City’s water supply as drought severity increases to preserve the City’s available water supply for those purposes essential to public health, safety, and welfare; and WHEREAS, response measures outlined in the Plan were created with the intent to preserve water for essential uses, minimize adverse financial effects, avoid irretrievable loss of natural resources, and affect individuals or small groups before affecting the community as a whole; WHEREAS, the Plan includes a transparent, quantifiable, and scientific drought monitoring framework and evaluation tool (Drought Tool), maintained by the City Water Conservation Division, that evaluates local drought conditions by examining local water supply DocuSign Envelope ID: 936856D6-8F2E-4C45-A141-A1D7A1727015 Version April 2020 data as well as regional and national drought indices; and WHEREAS, the Drought Tool can recognize drought in its early stages and accurately assess increasing or decreasing drought severity over time by calculating a local drought score; and WHEREAS, the City may evaluate and rely upon indicators of drought conditions in addition to those contained in the Plan in determining whether to initiate a drought stage, drought surcharges, or water use restrictions; and WHEREAS, on July 12, 2021 the Drought Tool calculated a local drought score of 2.02, which indicates Stage 2 drought status; and WHEREAS, the local drought score is on an upward trend that is expected to continue into the foreseeable future given the current exceptionally low local streamflow and reservoir levels and forecasted hot and dry weather; and WHEREAS, drought conditions are unpredictable, potentially severe in nature, and susceptible to changing quickly; and WHEREAS, delegating authority to the City Manager to issue subsequent drought declarations as needed will allow the city to promptly respond to changing drought conditions in order to adequately preserve the City’s available water supply for those purposes essential to public health, safety, and welfare; and WHEREAS, system-wide water demands registered at the City’s Water Treatment Plant are remarkably high due to persistent hot and dry weather patterns with current projections indicating the City may consume 75% of its available water supply in Hyalite Reservoir by the end of the 2021 water year; and WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, provides authority for the Director of Public Works to implement outdoor water use restrictions and may do so in furtherance of the adoption of this Resolution; and WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, prohibits the waste of water whenever outdoor watering restrictions are in effect; and WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, permits the enforcement of watering restrictions declared and implemented by the Director of Public Works; and WHEREAS, after public notice and the opportunity for comment, the City Commission DocuSign Envelope ID: 936856D6-8F2E-4C45-A141-A1D7A1727015 Version April 2020 adopted Resolution 5065 on August 19, 2019, which established the imposition of drought surcharge rates on water customer utility bills during periods in which a drought declaration is active in order to ensure water utility revenues are adequate to preserve essential public services, and the health, safety, and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 Effective immediately, the Bozeman City Commission hereby declares a Stage 2 drought as Stage 2 is defined in the Plan, and related response measures including but not limited to day of week and time of day watering restrictions as outlined below: • Single residential properties with odd-numbered addresses: Saturday, Wednesday; • Single residential properties with even-numbered addresses: Sunday, Thursday; • All others (multi-family, HOAs, commercial, industrial, government, MSU): Tuesday, Friday; • Watering shall be prohibited between the hours of 10 a.m. and 6 p.m. • Watering shall be prohibited on Mondays, except for irrigators operating under special exemptions as approved by the Director of Public Works; and • Trees, shrubs, perennials and other garden plants may be watered by hand held hose or low-volume spray irrigation any day of the week, but may not be watered between 10 a.m. and 6 p.m. Exemptions to the above listed watering restrictions include but are not limited to: • Sprinkler system assessments performed by the City’s Water Conservation Division staff, • Work performed by irrigation and landscaping contractors; • New sod establishment; • Large playing fields operated by the City Parks and Recreation Department, including but not limited to the Bozeman Sports Park and Bronken Fields; • Public health and safety purposes; and • Turf areas at publicly owned facilities which are subject to heavy public use, including but not limited to Lindley Park, Bogert Park and the front lawn of the Bozeman Public Library. The above response measures are effective at 12:00 AM on Friday July 16th, 2021. Permissible watering shall be conducted without any water waste. Response measures will be supported through outreach and education focusing on efficient irrigation system operation and response measures, as listed above. DocuSign Envelope ID: 936856D6-8F2E-4C45-A141-A1D7A1727015 Version April 2020 The City Manager may adopt additional watering restrictions, remove or add to exemptions, as the City Manager determines necessary. Section 2 The Bozeman City Commission hereby delegates authority to the City Manager to issue, by Administrative Order, subsequent drought declarations and additional response measures as determined necessary by the City Manager that either advance to a subsequent drought stage or rescind a declared drought stage including this Stage 2 declaration. Each Administrative Order so issued that advances to a subsequent drought stage shall include relevant drought response measures imposed upon water users within the City of Bozeman and which are similar to the response measures for each stage as outlined in the Plan, including exemptions. Section 3 The Bozeman City Commission hereby imposes Stage 2 drought surcharges for water use from the City’s water utility with bills due Sept 15th, 2021, which correlates to an effective date of August 1, 2021, pursuant to the schedule provided for in Resolution 5065 for Stage 2. The Commission hereby delegates to the City Manager the authority to adopt drought surcharges for any subsequent drought stage declarations. The City Manager’s authority to impose drought surcharges must comply with the drought surcharge rate schedule adopted pursuant to Resolution 5065. Should the City Manager declare a Stage 3 or higher drought stage prior to August 1, 2021, the City Manager’s adopted drought surcharge will supersede the Commission’s adoption of Stage 2 surcharge and control the surcharge rates in effect beginning August 1, 2021. Should the City Manager adopt surcharges for any subsequent drought stage the surcharge will be effective on the date established by the City Manager. The City Manager may rescind drought surcharge rates, including the surcharges rates for Stage 2, by Administrative Order. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor DocuSign Envelope ID: 936856D6-8F2E-4C45-A141-A1D7A1727015 Version April 2020 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 936856D6-8F2E-4C45-A141-A1D7A1727015