HomeMy WebLinkAboutOrdinance 3131 Declaring an Emergency Related to Water Supply and Fire Hazards (Amended by Ordinance 3132) - 080315 Ordinance 3131
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Ordinance 3131
AN ORDINANCE OF THE CITY OF PORT TOWNSEND DECLARING AN
EMERGENCY RELATED TO WATER SUPPLY AND FIRE HAZARDS
RECITALS:
A. On May 21, 2015, Governor Jay Inslee declared drought conditions throughout
the State of Washington, citing the fact that"...mountain snowpack is at record lows, and
many streams and rivers are flowing at record-low levels." Statewide Drought
Declaration, May 21, 2015. Exhibit A;
B. The Washington State Department of Natural Resources initiated an outdoor
burn ban in Jefferson County on June 22,2105. Exhibit B;
C. The East Jefferson Fire Rescue District issued a comprehensive burn ban for
on June 29, 2015. Exhibit C;
D. The City of Port Townsend's ("City") Public Works Department has
determined that stream flows in the City's water supply are less than a third of normal for
this time of year. The US Forest Service Special Use Permit(SUP) for the operation of
the Big Quilcene River municipal diversion mandates a minimum instream flow of 27 cfs
below the Big Quilcene diversion if naturally available. Flow is measured below the
diversion with a USGS maintained stream gage. Diversions are reduced to maintain 27
cfs instream below the diversion and water from Lords Lake is used to augment the total
supply based on the daily demand. At a flow of 27 cfs the Big Quilcene River diversion
will be shut off. The Little Quilcene River water right and SUP requires maintaining a
minimum instream flow of 6 cfs. Diversions are adjusted as necessary to sustain flow
below the diversion. Draft Drought Contingency Response Plan, Exhibit D;
E. Chapter 9.40 of the Port Townsend Municipal Code, and Chapter 38.53 of the
Revised Code of Washington authorize the City to declare an emergency, and to exercise
emergency powers in accordance with state law.
NOW,THEREFORE,the City Council of the City of Port Townsend do ordain
as follows:
Section 1. Findings:
a. The City Council adopts the Recitals set forth above and, based on those
Recitals, finds that drought conditions exist within the City's watershed, and within the
City limits.
b. These drought conditions drastically increase the risk of fire within the City
limits, and within the City's watershed. This threatens the life, safety, and property of the
City's residents and water customers.
Ordinance 3131
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Section 2. Declaration of Emergency. The City Council hereby declares an
emergency related to enhanced fire hazard, and possible water shortages. Council adopts
the Drought Contingency Response Plan, attached as Exhibit D. Council directs the City
Manager to revise the Response Plan to condense the response phases to a more
aggressive timeline, and to submit a revised Response Plan as soon as practicable.
Council further directs the City Manager to prepare a Fire Hazard Response Plan and to
submit that to Council for review and approval as soon as practicable.
Section 3.
a. The City Manager is authorized to implement the provisions of the Drought
Contingency Response Plan, and to modify that Plan as recommended by staff, State, or
Federal agencies. This authorization includes but is not limited to ordering water
customers to implement water conservation measures.
b. Upon the recommendation of the East Jefferson Fire Department,the City
Manager may order the immediate abatement of fire hazards.Notwithstanding any
provisions to the contrary in Chapter 1.20 (Code Administration and Enforcement),the
City Manager is authorized to direct immediate abatement of fire hazards, and to seek
court orders as necessary to accomplish the same.
Section 4. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid,the remainder of the ordinance, or the application
of the provision to other persons or circumstances, is not affected.
Section 5. Effective Date. Having been adopted by a majority plus.one of the City
Council,this Ordinance shall take effect upon adoption.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 20fl' day of July5.
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David King
Mayor
Attest: Approved as to Form:
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Joanna Sanders, CMC Steven 1 . ss
City Clerk City Attorney