HomeMy WebLinkAbout07-3483 ord491
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''ORDINANCE AMENDMENT -
AN ORDINANCE AMENDING THE CITY OF PLAINVIEW WATER
CONSERVATION AND DROUGHT CONTINGENCY PLAN; PENALTIES
CLAUSE; CUMULATIVENESS CLAUSE; SEVERABILITY CLAUSE;
CONFLICTS CLAUSE; AND EFFECTIVE DATE.
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WHEREAS, the Texas Commission on Environmental Quality requires under the
Texas Administrative Code, Title 30, Chapter 288, §§288.20 and 288.22 that certain
language be included in the City's drought contingency plan; and
WHEREAS, the City Council of the City of Plainview, Texas determined that a
need exists and it is in the best public interest of the City to amend the Water
Conservation Plan and Drought Contingency Plan; and
WHEREAS, the City Council finds and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City Council was posted at a
designated place convenient to the public at the City Hall for the time required by law
preceding this meeting and that such place of posting was readily accessible at all times
to the general public; and
WHEREAS, the City Council desires to evidence its approval of the amendments
to the Water Conservation/Drought Contingency Plan and adopt the amended plan as
an official policy of the City;
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
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SECTION I
ORDINANCE NO. 07-3483
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The City Council hereby approves and adopts as the City of Plainview Water
Conservation Plan, the Water Conservation/Drought Contingency Plan attached as
Attachment A and B and incorporated herein. Specifically, the City's target will be to
maintain daily water demand at or below 90 percent of system capacity, or in the event
of emergency conditions of system outages due to equipment failure, the water system
will be discontinued. The City commits to implement this program according to the
procedures set forth in the adopted plan.
SECTION II
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating or governing the subject matter herein. - ; •.
Ordinance No. 07-3483 Drought Contingency Plan Page 1 of 2
492
SECTION III
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION IV
Should any section, subsection, or any portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, subsection,
sentence, provision, clause, phrase or word severable therefrom and the same shall be
deemed severable for this purpose.
SECTION V
This Ordinance shall be in full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this 24th day of July, 2007.
PASSED AND APPROVED on second readin~iis 14th day of August, 2007.
n C. AndersorZ! Mayor
ATTEST:
.,
-!~ rJ ~
Belinda Hinojosa, City Secreta
APPROVED AS TO CONTENT:
ohn Berry, Director of Public orks
APPROVED AS TO FORM:
Lesli Spear Pear ,City Attorney
Ordinance No. 07-3483 Drought Contingency Plan Page 2 of 2
493
WAT>~:R CONSI~:RVATION PLAN
Cont>lluing Public Education and Information Pro~ams
'hhe City of Plainview will inform the city users of various recomm~ended imetliods
for implementing a reduction in water consumption. The city will provide talks aYid
pro~ams to schools and civic organizations along with distributing inatcrials which arc
available from the Texas Water Development Board and other agencies in accordance
wit1~ City of Plainview Administrative Policy on Walcr Conservation Plan Continuing
Education and Information Programs.
Plumbing Codes
The State Law requires that cities and utilities with a population of x,000 or amore
adopt a standard plumbing code or a wafer saving plumbing code for new construction and
for replacement of plumbing fixtures in existing structures. 'hhe City of Plainview leas
adopted the 2003 edition of ttie Uniform Plumbing Code. 'hhe. city limits residential
meters (including sprinkler systems) to one inch or smaller, which tends to discourage.
excess water use and encourage conservation. ~ ,~~~
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Water Conservation Retrofit Program
Title V of the Health and Safety Code, Chapter 372 requires that businesses stock
and sell only plumbing fixtures which conform to water saving performance standards. This
will ensure that plumbing fixtures installed during new construction and remodeling will be
of the conservation oriented type. The City of Plainview will advise customers re~,rarding
retrofit devices (such as low-flow shower heads, toilet drums, faucet aerators, etc.) [fiat
reduce water use by replacing or modifying existing fixtures.
Water Conservation Attachment A Page 1 of 4
494
Conservation Oriented Water Kate Structure
1'hc City has adopted an ascending block rate structure, which will luriher
discourage the wasteful use ol~ large quantities of wafer. 'hlic City is now relating sewer
charges to water consumption, with a 1~f,000 gallon ceiling on single f~unily residential
alone, and that also encourages wafer conservation.
Universal Metering and Meter Repair and Replacement
All connections to the water supply system in Plainview arc metered. The City is
testing aiul replacing meters on ~i on-going basis, concentrating on the largest meters first.
Meter readers classify llie apparent conditions of all City meters, acid repairs are initiated in
areas with poor classification. t lniversal tnelering will continue alLcr adoption of this plate.
Plainview's production meters are located at the booster pump stations at the City's
~oundwater storage tanks, at the water treatment plant, and on groundwater wells that
pump directly into the distribution system. "1'he City uses these meters to report its
groundwater production. 'hhese meters are tested and calibrated annually.
Service meters larger than two inches (2") will be tested every two years. Service
meters two inches (2") and smaller will be tested at least every ten years. Plainview has
installed a service meter to measure water used for backwash at the water treatment plant.
Water Conserving I~atidscapin~
Educational material will include information relating to low water use landscaping.
The Cily reviews and approves subdivision plans. At the time building pcrnits arc.
acquired, developers will be provided with literature pertaining to low water detn~uid
landscaping items. Nurseries acid local businesses will also be provided with this literature.
Leak Detection and Ret>air
"1'he City's systctn uses a 12-month moving total of water treated and puuipe<l versus
Water Conservation Attachment A Page 2 of 4
495
water sold in order to assess the ~unount of unaccounted Ior water losses in the system
more accurately. The average unaccounted for water for llie ye~u- 2001 was 11.2 ~~ of the
aiunial water production. Losses ol~ this size arc not uncommon in municipal water
systems. Plainview has almost immediate response to reports of water leaks, wliicli
minimizes water waste. "hhe Cily is conducting audits to identity connections which bypass
city meters and correct t}~ose which arc loured.
~l'he City of Plainview will continue to uiouitor monthly consumption. Classification
of~ meter condition provides a reliable aiul effective Ieak defection progratYi. The City is
also aware dial assistance in leak detecting surveys caii be obtained Iron the "hexas Water
Development Board Stall.
~ecilic ~2uantilied 5 & 10 Year ~har~ets
Reduce the municipal use in gallons per capita per day by 2.5y~ in 5 years and 5~> in
10 years. "Phis should be accomplished through education and information programs,
conservation retrofit program, conservation oriented water rate structure and metering aid
meter repair and replacement pro~am.
Recyclin.~ al~d Reuse
"1'he City will investigate reuse acid recycling programs where legally possible acid
economically feasible.
1'he City of Plainview currently recycles all wafer used for filter backwash at llie
water treatment plaid. "Phis amount is estimated at about 11,000 to 15,000 gallons per day.
Water reclamation at the wastewater treatment plait is being considered by the City.
External reuse al the plant site, including grass irrigation, ranges between 250,000 and
500,000 gallons per year.
Water Conservation Attachment A Page 3 of 4
49fi
Pro Rata Water Allocation
In the event that the triggering criteria specified in "hhreshold Conditions for C of
the Plan for Stage 3 -Severe Drought Conditions have been mcl, the City Manager or
his/her desi~,~iee or his/her desig~iee is hereby authorised to initiate allocation ol~ water
supplies on a pro rata basis iii accordance with ~hexas water Code Section 11.039.
Implementation and l~a>torcement
~l'lte City of Plainview, through its stall, will implement the Water Conservation Pl~ui
in accordance with the Council's adoption of the Plan, plumbing codes, ~utd revisions
thereof as set out in this Plan. Plainview also tttaintains the auLlx>rity to inspect any and all
connections by Seth Ward WSC customers to the water distribution system located past
the delivery point of the Corporation's water system.
Contract. with Othey Political Subdivisions
Any political subdivision and/or wholesale customer applying for new or renewed
water contracts Iron the City of Plainview must. have. (1) an approved "hexas Water
Development Board Water Conservation attd Drought Contingency Plata in effect, or (2)
must officially adopt applicable provisions of the City of~ Plainview Water Conservation and
Drought Contingency Plata. In addition every wholesale water contract entered into or
renewed alter adoption of the plus, including contract extensions, tltal in case of~ a shortage
of water resulting Ironn drought, the water to be distribute shall be divided in accordance.
with Texas Water Code, ~ 1 L039.
Water Conservation Attachment A Page 4 of 4
497
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Threshold Conditions
DROUGHT CONTINGENCY PLAN
'i'he "i'exas Water Development Board suggests Lour lcvcls or °trigger conditions" for
detcnnining the degree of urgency for initiation of Drought Contingency Plan. "These lour lcvcls of
drought. condition relate to lfie Cily of Plainview, and arc as follows:
a. Mild drought occurs when: (a) "hhe average daily water consumption reaches 90~~ of~ the
production capacity, acid has been that high Ior a period of three days. (b) Weather conditions
indicate that High use is likely to continue.
b. Moderate drought conditions are reached when: (a) The average daily water consumption
reaches 100~~0 of the rated production capacity for a three day period. (b) Weather conditions
indicate mild drought will exist for five days or more. (c) A mechanical failure of pumping
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equipment which will require more than 2~ hours to repair occurs when a mild drought is in
progress.
c. Severe drought classification is reached when: (a) Average daily water consumption reaches
110% of production capacity fora 24 hour period, (b) Average daily water consumption will not
enable storage levels to be maintained, (c) System demand exceeds available high service pump
capacity, or (d) a mechanical failure of pumping equipment which will require more than f 2
hours to repair occurs when a moderate drought is in progress.
d. An Emergency Condition is declared when: (a) the CRMWA system tails, and Lhe surface
water cannot be delivered to tfie City, (b) the water system is contaminated either accidentally
or intentionally, or (c) tfic water system fails from acts of God (toniadoes, hurricanes, etc.) or
man. An emergency condition is treated like a severe drought.
Drought Contingency Plan
Attachment B
Page 1 of 7
498
Drought Conlin~;ency Measures
The Water Conservation and Drought Contingency Ordinance adopted <uid included as part
of this plan enables the City Manager or his/her desig~iee or lus/her designee to initiate action that
will eifeclively implement the Plan. '1'hc following steps arc recommended.
Ste~I
Step I curtailment shall be initialed upon existence of mild drought conditions and will
include the following actions:
a. Develop Information Center and desi~,~late information person.
b. Advise public of condition and publicize availability of information Isom the Information
Center.
c. l~:ncourage voluntary reduction of water use.
d. Contact commercial and industrial users and explain necessity for initiation of strict
conservation Inelhods.
e. Implement system oversight and make adjustments as required to Itieet changing conditions.
C. "hargct:
Raise public awareness of the situation and maintain daily watca~ dcm~uul at or below JO
percent of~ system capacity.
Ste~II
Step II curtailment shall be initiated by the City Manager or his/her designee on tns or her
identifying nxxlerate drought conditions. The listed actio-IS arc compulsory on users and arc
intended to prohibit non-essential water use. ("Noii-essential Water Use" is defined as washing
house windows, sidings, eaves, aid roof with hose, and without the use of a bucket; washing
driveways, streets, curbs and gutters; washing vehicles without cutoff valve aixl bucl~et; unattended
sprinkling of landscape slu-ubs quid grass; draining and filling swimming pools; arul hushing water
Drought Contingency Plan Attachment B Page 2 of 7
499
5ystem.>
a. (.)indoor residential use of wafer will be pcnnitted on ahernanc days. l;vcn number houses
will use water for outdoor residential uses on even days of flee month and odd number houses
on odd days of the month. Outdoor residential uses consist of washing vehicles, boats,
trailers, landscape sprinkler systems aYid irrigation, recreational use of sprinklers, outside
showers (in parks) aril water slides.
b. 1'lie City Manager or his/her desi~,uiee will monitor system Iunction aril establish hours for
outside water use, depending upon system perfortnance.
c. The. Information Center acid publicity elements shall keep the public advised of curtaihnenn
status.
d. Commercial and industrial users will be visited no ensure that conservation measures leave
been initialed.
c. 'l~argci:
Reduce ~uul m~unn~un daily wafer demand at or below ~)O percent oC s~°ste-n capacii~~.
Ste ~ III
Step III curtailment shall be iiuiianed upon existence of a severe drought or emergency
condition as determined by flee City Manager or his/her designee. The City Manager or his/licr
designee will ban ttie use of water for:
a. Vehicle washing, window washing, outside wafering (lawn, shrubs, faucet dripping, garden,
etc•);
b. Public water uses which arc not essential Ior health, salcny and sanitary purposes. "I'hcse non-
essential uses include: street washing, watering oI~ parks, lire liydratit flushing, filling
swimming pools, watering athletic fields and courses, and dust control sprinkling.
c. Comtnerci~il uses not listed will be controlled to the extent dictated by flee City M~u~agcr or
Drought Contingency Plan Attachment B Page 3 of 7
500
ltis/her designee.
d. ~1'.u-ge1:
Reduce and maintain daily water demand at or below ~)0 percent of systett- rtpacily or in an
e-nergency~ condition of s~~~slcm outages due to e<<uipment failure discontinue water systen-
operating.
Businesses requiring watx r as a basic function of the business, such as nurseries, commercial
car wash, Laundromats, high pressure water rle~uiing, etc., will obtain written permission from the
City M~uiager or his/her designee Lor intended water use.
The System Priority for water service shall be made based on the following priority list.
a. Hospitals
b. Residential
c. Schools
ti. Industrial
c. Commercial
f. Recreational
Alternative Water Sources
`l~he City of Plainview has two water sources, water pumped by wells fi-orn the (_)gallala
Aquifer and water delivered to the City's Water 1'reattnent Plant by the. Canadian River Municipal
Water Authority (CRMWA). 'I~he wells are located in different areas of the City and are powered
by diffcrertt electrical sources. A portion of the wells should be operation~il al any given time.
1'he treatment plant. can be completely operational without power provided by the electric
company as long as water is supplied by CRMWA.
Witit these two water sources, it is ltighly unlikely that both sources would be out at the sane
time. If that should happen, water wotild have to be trucked into the city troth other sources.
Drought Contingency Plan .Attachment B Page 4 of 7
50
Inlonnation acid h:ducation
The public will be made aware of conservation and drought conditions b}~ information and
data transfer through the City's program. During periods of drought curlaihrx°nt. Step I conditions
will establish an information center, an information person, and utilize the most effective rnctfiods
developed Ior information dissemination on a daily basis.
Close observation of the first year information pro~,n~atn should develop the most etfcctive
ways to cornmunicale with customers. Posting notices, newspaper articles, radio coverage <u~id direct
mail to customers will be used during the first year activities.
Initiation Procedures
Initiation procedures for drought response are described in this Plan. I~;ach condition will be
met with corresponding action by the City Manager or his/her designee. "f'he City will affect
curtailment., give notice, publicize and follow-up with implementation of curtailment.
Ternination Notification
'heriiinalion of~ each drought condition will begin when conditions have improved to the
extent that an upgraded condition can be declared by the City Manager or his/her designee. 'hhis
process will be c~mpkayed until full service can be provided. System priority will be considered in
reltuning to upgraded condition. "hermination will be initiated by the City Manager or tiffs%hcr
designee by ,giving notice, etc., as was ~,~iven Lo enact drought curtailment,
Variances
I'he City bla.nager ur his/hcr desi~iee, may, in writing, grant tempor~uy variance for existing water
uses otherwise. prohibited under t}tis Plan if it is determined that f~~ilure to gr~ult such vari~uu•e
would cause ail emergency condition adversely affecting the he~iltli, salutation, or fire protection Ior
the. public or the person requesting such variance and if one or more of the lollowing conditions are
mcL
Drought Contingency Plan Attachment B Page 5 of 7
5 0~
~a~ COII1p11anCC Wltll thllS Plan CallnOt hC tCChlnlGtlly aCCOIllphslled <1llI'Illg the dnl~atloll Of the
water supply shortage or other condition for which t11e Plan is in etlect.
(b) Altelziative meitlods can be ilnpletnented which will achieve the. same level of reduction in
water use.
Persons requesting an exemption from the provisions of this Ordinance shall file a petition for
variance with the City of Plainview within S days after the Plan or a particular drought response
stage has been invoked. All petitions for variances shall be reviewed by the City Manager or
his/her designee, or his/her designee, and shall include the following:
(a) Nalnc and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of t1Ie Plan from which LIIC petitioner is requesting relief.
(d) Detailed statement as to how the. specific provision of the Plan adversely affects tllc
petitioner or what damage or harm will occur to t1Ie petitioner or ot~Iers if petitioner
complies with lllis Ordinance.
(c) Description of the relief requested.
(t) Period of time for which the variance is sough(.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to
lake to meet the intent of this PIaII and the compliance date.
(h) Other pertinent inforlnation.
Variances gn ~~u~ted by the City of Plainview shall be subject to t11e following conditions, unless waived
or modified by the. City Manager or his/ller desigilec:
(a) Variances granted shall include a timetable for colllpliance.
(1~) Variances grallted shall expire when the Plan is no longer in effect, unless the petitioner has
f~ikd to meet specified recfuirements.
Drought Contingency Plan Attachment B Page 6 of 7
50 3
No variance shall be retroactive or otherwise,justilyany violation of this Ilan occurring prior to llie
issuance of the variance.
Modification, Deletion quid Atnendment
The City Manager or his/her designee cam add, delelc, and amend rules, regulations acid
implementation as needed/desired, and shall advise the City Council of such amendments at its
regular or called meeting.
Mc~uis of hnplcmentalion
Adoption oi~lhis Plan and Drought Contingency Ordinance will enable ilte City to implement
and carry out. enlorcetnent of enacted ordinuices to make the Plan eilcctive and workable.
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Drought Contingency Plan Attachment B Page 7 of 7