HomeMy WebLinkAbout22-3726 ordinanceORDINANCE NO. 22-3726
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING
ARTICLE 13.05 ENTITLED "WATER CONSERVATION/DROUGHT
CONTINGENCY PLAN" REGARDING THE CITY OF PLAINVIEW'S
WATER USE MANAGEMENT PLAN BY AMENDING THE FOLLOWING
SECTIONS: § 13.05.002, PURPOSE; § 13.05.004, WATER
CONSERVATION PLAN; AND § 13.05.005, DROUGHT CONTINGENCY
AND EMERGENCY PLAN; PROVIDING A PENALTY CLAUSE;
REPEALING ALL CONFLICTING ORDINANCES AND PRESERVING
THOSE NOT AMENDED; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION OF THE CAPTION THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of the Texas Constitution as a home rule city, has the authority to set forth ordinances
and regulations and exercise its police powers for the public health, safety, morals, or
general welfare of the citizens of the City of Plainview; and
WHEREAS, the City of Plainview provides water to the public for public use with
the source of such water coming from the Ogallala Aquifer pumped by wells owned by
the City and water purchased and delivered to the City by the Canadian River Municipal
Water Authority; and
WHEREAS, the City of Plainview is located within the Llano Estacado Regional
Water Planning Area of the Texas Water Development Board; and
WHEREAS, in an effort to avoid waste and achieve water conservation through
practices, techniques, and technologies that will reduce the consumption of water,
prevent or reduce the loss or waste of water, maintain or improve the efficiency in the use
of water, increase the recycling and reuse of water, or prevent the pollution of water so
that a water supply is made available for future or alternative uses for the benefit of the
public health, safety and welfare the Texas Commission on Environmental Quality
("TCEQ") requires the City of Plainview to have a Water Use Management Plan (the
"Plan") that meets the requirements of Title 30 Texas Administrative Code JAC) Chapter
288; and
WHEREAS, previously, the City Council of the City of Plainview adopted the Plan
for the purposes of promoting the wise and responsible use of water, to enhance the
sustainability of long-term water supplies, to minimize the adverse impacts of water
supply emergencies and to meet the TCEQ requirements outlined above; and
WHEREAS, in accordance with 30 Tex. Admin. Code § 288.30, TCEQ requires
the City to submit its Plan every five years to coincide with the regional water planning
group; and
Ordinance No. 22-3726 Page 1 of 13
470
WHEREAS, the City Council has determined that Article 13.05 of the Code of
Ordinances, City of Plainview, Texas should be amended and submitted to the TCEQ
and the Llano Estacado Regional Water Planning Area of the Texas Water Development
Board; and
WHEREAS, the City Council of the City of Plainview, finds the following
amendments to the Code of Ordinances, City of Plainview, Texas amending Article 13.05
thereof as outlined below are reasonable, consistent with the TCEQ requirements and
beneficial for the public health, safety and general welfare of the citizens of Plainview and
a proper exercise of its police power;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW HEREBY
ORDAINS, THAT:
SECTION 1. The recitals set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance for all purposes as if fully set forth herein.
SECTION 2. §§ 13.05.002, 13.05.004 and 13.05.005 of Article 13.05 of the Code of
Ordinances, City of Plainview, Texas is amended to read as follows (for reference
purposes, amended portions are indicated as follows: deletions — strikeout; new additions
- underlined and italicized):
"Sec.13.05.002 Purpose
(b) The city's service area is located within the Llano Estacado Regional
Water Planning Area Re ion 0 of the Texas Water Development Board, and
the city shall report to the Llano Estacado Regional Water Planning Group
aRRually-to assure consistency with the regional water plan.
Sec. 13.05.004 Water conservation plan
(a) Water Conservation Plan Objectives. The objective of the water
conservation plan is to reduce the quantity required for each water using
activity, insofar as is practical, throuqh the implementation of efficient water
use practices.
Having a dependable water supply has always been a key issue in the
development of Texas. With the -growth in population and economic
expansion, increased demands are placed on the city's water supply. In
order to meet the challenge of providing for our current and future needs,
we must learn to use the water we already have more efficiently. By
stretching the existing supplies, the city can delay the need for new
supplies, minimize the environmental impacts associated with developing
new water resources, and postpone the high cost of building the
Ordinance No. 22-3726
Page 2 of 13
471
infrastructure necessary to capture, treat, and transport the additional water
to homes and businesses.
The obiectives of this water conservation plan are as follows:
• To reduce water consumption from the levels that would prevail
without conservation efforts.
• To reduce the loss and waste of water.
• To improve efficiency in the use of water.
• Encourage efficient outdoor water use.
• To extend the life of current water supplies by reducing the rate
of growth of demand.
• To educate the citizens of Plainview about the need for water
conservation and the benefits of conserving this natural resource.
b) Descriotion of Service Area and Utilitv Profile. The Citv of Plainview
is located in Hale County and covers about 13.8 square miles. The city
water utility serves a population of over 22,000. Historically, the city has
used about 1.1 billion gallons of water a year to meet the needs of its
customers, with about half of that being used by single-family residential
homes. The highest months of use are normally, May through August.
Appendix A contains the latest Utility Profile as required by Texas Water
Development Board rules.
(c) Specific quantified 5- and 10-year targets.
Current TWDB regulations reauire the adoption of specific water conservation
-goals for a water conservation plan. As part of the plan adoption, the City of
Plainview will develop 5-year and 10-year goals for per capital municipal use
and for residential use. The city's average daily water usage is approximately
135 oallons Der Derson Der day (aDcd) with a residential 64 aacd. The citv's
water conservation goals are to:
(i) Reduce annual per capita water usage to 130 gpcd by the year
2027 with a secondary residential per capita usage to 59 gpcd.
(ii) Reduce annual per capita water use to 127 gpcd by the year 2032
with a secondary residential per capita usage to 57 gpcd.
(iii) Reduce annual per capita water loss from 20 gpcd to 18 gpcd by
2027 and 16 gpcd by 2032.
The city's goals are reported on the required TWDB from in Appendix B.
(d) The water conservation plan, as adopted by the city, consists of the
following:
Ordinance No. 22-3726 Page 3 of 13
WA
(1) Continuing public education and information programs. The city
will inform the city users of various recommended methods for
implementing a reduction in water consumption. The city will provide
talks and programs to schools and civic organizations along with
distributing materials whiGh that are available from the Texas Water
Development Board and other agencies in accordance with the city's
administrative policy on water conservation plan continuing education
and information programs.
(4) Conservation oriented water rate structure. The city has adopted
an ascending block rate structure, which will further discourage the
wasteful use of large quantities of water. The ^ity is now relating SeWer
family FeGideRtial
(5) Production meters. The city's production meters are located at the
water treatment plant and on all groundwater wells. The city uses these
meters to report its treated water production and groundwater
production and to determine the total water volume delivered to the
system. The meters are check for accuracy annually and are maintained
to have an accuracy of plus or minus 5.0%.
Universal metering and meter repair and replacement. All
connections to the water supply system in the city are metered. The city
is testing and replacing meters on an ongoing basis, concentrating on
the largest meters first. Meter readers classify the apparent conditions
of all city meters, and repairs are initiated in areas with poor
classification. Universal metering will continue after adoption of this plan.
Testing of customer meters will be completed based on manufacturer
suggestions or every 10 years, whichever comes first.
(60 Water conserving landscaping. Educational material will include
information relating to low water use landscaping. The city reviews and
approves subdivision plans. At the time building permits are acquired,
developers will be provided with literature pertaining to low water
Ordinance No. 22-3726
Page 4 of 13
473
demand landscaping items. Nurseries and local businesses will also be
provided with this literature.
(8) Lawn and landscape irrigation restrictions. Lawns and landscaping
may be watered on any day, at any time, by handheld hose, drip
irrigation, a soaker hose or tree bubbler.
A) Outdoor Waterina Days. Except for hand waterina. drip irriaation
and the use of soaker hoses and tree bubblers, a person may only
irrigate, water, or cause or permit the irrigation or wateringof an
lawn or landscape, inclusive of structural foundations, trees, and
other high value landscape materials, located on premises owned,
leased, or managed by that person (i) on a day designated as an
outdoor watering day for the property's address as shown below:
• Single-family residential addresses ending in an even number
(0, 2, 4, 6 or 8) may water on Tuesdays and Saturdays.
• Single-family residential addresses ending in an odd number
(1, 3, 5, 7 or 9) may water on Wednesdays and Sundays.
• All non single-family -residential locations (apartment
complexes, businesses, industries, parks, street and/or
roadway medians, etc.) may water on Mondays and
Thursdays.
B) Prohibited Waterina Times. Exceot for hand waterina. drip irriaation
and the of soaker hoses and tree bubblers, all outdoor irrigation and
watering is prohibited between the hours of 10:00 a.m. and 6:00 p.m.
from April 1 through September 30. For October 1 through March 31
the time of day restrictions are removed and watering is only allowed
when the ambient air temperature is thirty-five (35) degrees Fahrenheit
or warmer.
(C) Watering Variances and Allowances. The following variance and
allowances may be granted by the City Manager or his/her desicnt ee•
• For new lawn grass seeding, grass over seeding of lawns, and
newly installed -grass sod, the owner or landscaper (petitioner)
can apply to the city for a water variance for up to 3 weeks
that will allow for daily watering with no time of day restrictions.
• For larae orooerties. that would otherwise be impossible to
water during as single day, (i.e. college campuses, schools,
cemeteries, parks) may request alternate and additional days
to water the property. The request must be in writinq detailing
Ordinance No. 22-3726 Page 5 of 13
474
the watering areas along with details of alternate days, and
cannot exceed twice per week watering for each watering
area, and once established will be the official water days for
each area on the propertV.
• For athletic fields used for organized youth and adult sports
such as football, baseball, softball, soccer, and alike, can
water alternate days to optimize playing surfaces and to not
interfere with scheduled competition days. The field(s) must
be identified in writing with the city to have an official
designation of an athletic field.
(D) Other Watering Restrictions. All lawns and landscapes regardless
of the source of water shall operate in a manner that will not cause
significant runoff or pooling of water off of the premises. Irrigation can
on/V occur in temperatures above thirty-five (35) degrees Fahrenheit.
... ..
. .... . . ..
.... .. .. ra .. .. .. . ... ..
.. ... ..
11
a meter repair •- replaGeMeRt pregram.
(9) Water loss control measures. The city's system uses a 12-month
moving total of water treated and pumped versus water sold in order to
assess more accurately the amount of unaccounted for water losses in
the system. The average water loss has ranged from 11 % to 15% in
previous years. Leaks that go unreported for extended periods of time
or large pipe failures that make for difficult estimates of total water loss
can skew these numbers from year to year. The city will continue to
refine our methods of calculating water loss due to these issues to better
Ordinance No. 22-3726
Page 6 of 13
475
understand our actual water loss. The city will annually complete a
detailed water system audit followinq Texas Water Development Board
(TWDB) guidelines. In addition to these measures, the city maintains
an active leak detection program described in Section 10 below.
10 Leak detection and repair. The nit system uses a 1 7_mnnth
tetal of wateF treated and purnped versus water sold in order te
thesystem.The average WnaGGIO inters for water has ranged from 11 %
to 159/0in nreyi- -!sears Leaks that ge iinreperted for exteRded periods -
of time nr larne nine failures that make for diffiGLI't estimates of total
water IGsi-.s n�skew these Rumhers from year to yea���L y Wall
r-n-vrrr�cm--c���.. Et-y--vr T
nontini ie to refiRe our methedIs of nolGUlat*Rg wateF less due to these
``
& Issues tG better URderstand eur IaGtual unaGGGYRted fer water less. kA)
The city has almost immediate response to reports of water leaks, which
minimizes water waste. The city is conducting audits to identify
connections which bypass city meters and correct those which are
found.{ -The city will continue to monitor monthly consumption.
Classification of meter condition provides a reliable and effective leak
detection program. The city is also aware that assistance in leak
detecting surveys can be obtained from the Texas Water Development
Board staff.
11 Recycling and reuse. The city will investigate reuse and recycling
programs where legally possible and economically feasible. Water
reclamation at the wastewater treatment plant is being done by the city.
Current uses for are plant wash -down water and on -site irrigation.
Proposed use of off -site irrigation is being considered.
. .. .. .............
... ..
IN
(4412) Implementation and enforcement. The city, through its staff,
will implement the water conservation plan in accordance with the city
council's adoption of the plan, plumbing codes, and revisions thereof as
set out in this plan. The city also maintains the authority to inspect any
and all connections by Seth Ward Water Supply Corporation customers
to the water distribution system located past the delivery point of the
corporation's water system.
(13) Water Conservation Coordinator. The city has designated a
Water Conservation Coordinator. The Conservation Coordinator is
responsible for the preparation, implementation and enforcement of the
Ordinance No. 22-3726 Page 7 of 13
water conservation and drought contingency plans, as well as the
preparation and submittal of annual conservation status.
(14) Rebate Programs. The city will develop and implement rebate
programs to encourage the installation of water efficient plumbing
fixtures and clothes washinq machines, rain barrels, waterwise
landscaping, and rainwater harvestinq equipment.
(15) Method for Tracking the Implementation and Effectiveness of the
Plan. The city calculates water consumption annually and tracks
changes in customer use in terms of gpcd. These values will be
compared to the goals set forth in this plan to determine if the BMPs
contained in the plan are helping to achieve the desired water
conservation goals. The water conservation plan will be adjusted as
needed to account for new conservation opportunities and customer
response patterns. A program maV be expanded if doing well or
discontinued or changed to make it more attractive to customers while
achieving conservation results.
The City will compile a summary report each year that shows how many
customers participated in city water conservation programs and how
much water savings was achieved as a result.
(4--2 16) Contract with other political subdivisions. The city will, as part
of contracts for sale of water to anV other entity re -selling water, require
that entity to adopt applicable provisions of the citV's water conservation
and drought contingency plan or have a plan in effect previously adopted
and meeting the basic requirements of 30 TAC § 288. These provisions
will be through a contractual agreement prior to the sale of any water to
the re -seller.
...I--*, - \-1 ..._..-, -I'....-".? .. --r-I-r.r..----.- r•--•-•-••- -• - *- -•-.7 - - ---- -"
In addition, every wholesale
water contract entered into or renewed after adoption of the plan,
including contract extensions, must agree that in case of a water
shortage resulting from drought, the water to be distributed shall be
divided in accordance with Texas Water Code, section 11.039.
(17) Schedule for Best Management Practice Implementation. Many
of the conservation practices outlined in the plan have already been
implemented or are ongoing as shown in the table below. New water
conservation practices will be implemented as appropriate.
Ordinance No. 22-3726
Page 8 of 13
477
1
1
Already
Expected
BMP Description
Implemented
Implementation
Notes:
Date
Already in place, however, the City
will expand public information
Continuing Public Education and
campaign in 2022. The City is
Information
Y
currently developing a one -page
handout to be made available to
the public and handed out at
conservation -oriented events.
Plumbing Codes
Y
Water Conservation Retrofit Program
Y
Conservation -Oriented Water Rate
Water rates will be monitored on an
Structure
Y
annual basis and may be adjusted
depending on City goals.
Production Meters
Y
Universal Metering and Meter Repair and
Y
Replacement
Water Conserving Landscaping
Y
Water Loss Control Measures
Y
Leak Detection and Repair
Y
The City is completing a water
Recycling and Reuse
Y
supply master plan to explore
opportunities.
Water Conservation Coordinator
N
2022
The City Manager will appoint a
Water Conservation Coordinator.
Outdoor Water Use Restrictions
N
2022
Will be enacted upon adoption of
the Water Conservation Plan.
Rain Barrel Rebates
N
2022
The City will develop a program of
rebates for rain barrel purchases.
Plumbing Fixture and Washer Rebate Program:
Toilet Rebates
N
2022
The City currently provides a
limited number of high efficiency
toilets to residents annually. The
Showerhead and Aerator Kit
N
2022
City will discontinue this practice
Rebates
and develop a system of rebates
for high -efficiency toilets,
Clothes Washer Rebates
N
2022
showerhead and aerator kits, and
clothes washers for residences and
commercial establishments, and
urinals for commercial
Urinal Rebates
N
2022
establishments.
The City will explore options and
Waterwise Landscaping Rebates
N
End of 2022
develop a program of rebates for
retrofit of existing landscaping.
The City will develop a program of
Rainwater Harvesting Rebates
N
End of 2022
rebates for the purchase and
installation of rainwater harvesting
equipment.
Ordinance No. 22-3726
Page 9 of 13
I •
•
Sec. 13.05.005 Drought contingency and emergency plan
The drought contingency plan, as adopted by the city, is as follows:
(1) Threshold conditions. The Texas Water Development Board
suggests four levels or "trigger conditions" for determining the degree of
urgency for the initiation of a drought contingency plan. The "triggering
criteria" below are based on an evaluation of the historical water system
capacities and customer use patterns as well as a consideration of the
impact of drought, emergencies, and high use upon capacities and
patterns. These four levels as they relate to the city, and are as follows:
(D) An emergency condition is declared when:
fly) System wide power failure lasting beyond 24 hours.
(2) Water shortage contingency measures. The city manager, or
his/her designee, shall monitor water supply and, in accordance with the
triggering criteria set forth in subsection (1) above, shall determine that
mild, moderate, or severe water shortage conditions exist or that an
emergency condition exists and shall implement the following plan. The
city shall notify the executive director of the Texas Commission on
Environmental Quality (TCEQ) as soon as possible to notify the director
that mandatory provisions of this plan have been implemented.
(B) Step II. Curtailment shall be initiated by the city manager on
identifying moderate water shortage conditions. The listed actions
are compulsory on users and are intended to prohibit nonessential
water use.
Ordinance No. 22-3726
(i) Outdoor residential use of water for non -irrigation use
will be permitted to once per week . Even -
numbered houses will use water for outdoor residential uses
on Saturdays evendays of the me n+h and odd -numbered
houses on Sunda odd days of the menth. Outdoor
re6 al uses consist of washing vehicles, boats, trailers,
walkways, windows, and houses, :and6G nn &p4N of
6y6tem6 and irrinotinn, recreational use of sprinklers, outside
showers (in parks) and water slides.
(iv) Commercial and industrial users will be visited to ensure
that conservation measures have been initiated. Landscape
watering will be restricted to Thursdays.
Page 10 of 13
1
479
(C) Step III. Curtailment shall be initiated upon existence of a
severe water shortage as determined by the city manager. The city
manager will prohibit the use of water for:
(iv) Pro-rata water allocation. IN the event that the
triggering criteria in sever water shortage (severe drought
conditions), as specified in threshold conditions of the drought
contingency plan have been met, the city manager is hereby
authorized to initiate allocation of water supplies on a pro-rata
basis in accordance with Texas Water Code, section 11.039.
(v) Target: Reduce and maintain daily water demand at or
below 90 percent of available water production capacity, or in
any emergency condition of system outages due to equipment
failure, temporarily discontinue water system operating.
(D) Step IV. Curtailment shall be initiated upon by the existence
of Gq
(5) Alternative water sources.
(A) The city has two water sources: (A) water pumped by wells
from the Ogallala Aquifer; and (B) water delivered to the city's water
treatment plant by Canadian River Municipal Water Authority
(CRMWA). The wells are located in different areas of the city and
are powered by different electrical sources. A portion of the wells
should be operational at any given time. The treatment plant can
be completely operational without power provided by the electric
company as long as water is supplied by CRMWA.
(B) With these two water sources, it is highly unlikely that both
sources would be out at the same time. If that should happen, water
would have to be trucked into the city from other sources and in
accordance with State guidelines.
(6) Information and education.
(B) Close observation of the first year information program
should develop the most effective ways to communicate with
customers. Posting notices, newspaper articles, radio coverage:
social media and direct mail to customers will be used during the
first year activities.
(7) Initiation procedures. Initiation procedures for water shortage
response
Ordinance No. 22-3726 Page 11 of 13
M
SECTION 3. Filing. The City Manager or his designee is hereby authorized to file this
Ordinance as the City of Plainview's Water Use Management Plan with all appropriate
regulatory authorities.
SECTION 4. Penalty. A violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with Section 1.01.009 of the Code of Ordinances,
City of Plainview, Texas.
SECTION 5. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 6. Repealed. All other terms and provisions of the Code of Ordinances, City
of Plainview, Texas, including, without limitation, all other terms and provisions of Article
13.05 and §§ 13.05.002, 13.05.004 and 13.05.005, not specifically amended herein and
not in conflict herewith shall remain in full force and effect.
SECTION 7. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance or the application thereby shall remain in effect, it
being the intent of the City Council of the City of Plainview, Texas in adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 8. Publication. The City Secretary of the City of Plainview is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and approved on first reading this 8th day of March, 2022.
Passed and approved on second reading this 22"d day of March, 2022.
ATTEST:
D
Belinda Hinojosa, City etary
Ordinance No. 22-3726
rles StarQes,
Page 12 of 13
1
1
APPROVED AS TO CONTENT:
C_Nj_
Jeffrey S der; ty Manager
APPROVED AS TO FORM:
azal& " �61a
Matt w L. Wade, City Attorney
Ordinance No. 22-3726 Page 13 of 13