HomeMy WebLinkAbout24-3761 Ordinance329
ORDINANCE NO. 24-3761
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: §13.05.004, 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
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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. Article 13.05, § 13.05.004, subsection (b) 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):
"(b) Description of Service Area and Utility Profile. The City of Plainview is
located in Hale County and covers about 13.8 square miles. The city water
utility serves a population of over ?A99 20,000. 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. The City of Plainview
updates the latest Utility Profile as required by Texas
Water Development Board rules and is publicly available through the Texas
Water Development Board."
SECTION 3. Article 13.05, § 13.05.004, subsection (c) 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):
"(c) Specific quantified 5- and 10-year targets.
Current TWDB regulations require 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
435 136 gallons per person per day (gpcd) with a residential 64 91 gpcd for the
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previous five years and the city's average daily water usage is approximately
136.5 gpcd with a residential average of 83.1 gpcd for the previous ten years.
The city's water conservation goals are to:
(i) Reduce annual per capita water usage to 130 gpcd by the year
2827 2029 with a secondary residential per capita usage to 59 gpcd.
(ii) Reduce annual per capita water use to 127 gpcd by the year 2032
2034 with a secondary residential per capita usage to 57 gpcd.
(iii) Reduce annual per capita water loss from 20 13 gpcd to 48 12
gpcd by 2927 2029 and 46 11 gpcd by 2032 2034.
The city's goals are reported on the required TWDB from in Appendix B
attached to Ordinance 24-XXXX adopted 4/23/24."
SECTION 4. Article 13.05, § 13.05.004, subsection (d)(1) 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):
"(d) The water conservation plan, as adopted by the city, consists of the
following:
(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 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. The city will also include educational
information utilizing social media to reach a larger audience."
SECTION 5. Article 13.05, § 13.05.004, subsection (d)(6) 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):
"(d) The water conservation plan, as adopted by the city, consists of the
following:
(6) Universal metering and meter repair and replacement.
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(A) 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.
The city has implemented an Advance Meter Infrastructure
(AMI) system in 2024, to improve customer information on
water usage, and to reduce system handling water loss.
Meter technician(s) readers classify the apparent
conditions of all city meters, and repairs are initiated in
areas with poor classification. The AMI system will be
monitored to more quickly address meter reading issues,
along with notifying customers of the continuous use of
water. Universal metering will continue after adoption of
this plan.
(B) Testing of customer meters will be completed based on
manufacturer suggestions er every 10 Years, Whinheye
wFnes Forst."
SECTION 6. Article 13.05, § 13.05.004, subsection (d)(9) 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):
"(d) The water conservation plan, as adopted by the city, consists of the
following:
(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 fGr 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 eurmethods of calculating water loss due to these issues to better
understand our actual water loss. The city will annually complete a
detailed water system audit following Texas Water Development Board
(TWDB) guidelines. In addition to these measures, the city maintains
an active leak detection program described in Section 10 below."
SECTION 7. Article 13.05, § 13.05.004, subsection (d)(17) 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):
"(d) The water conservation plan, as adopted by the city, consists of the
following:
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(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.
Expected
AMR Bescriptiar� implemented Already Implementafion Notes:
Bate
Already 'R plaGe, however, the City
FiamT-r---,g,, iT r2022.The its
infermatFen
handeut to be M-ad-e to
Gen6ervat'on-Gr'ented eve
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MO.
Expected
Alreadv Implementation
MP Description Implemented Date Notes:
Continuing public education and Y Already in place, however, the city
information will expand public information
campaign in 2024. The city is
currently implementing a water
customer portal to aid in
transparency and education on
water usage and how to reduce
water usage.
Plumbing codes y
Water conservation retrofit program y
Conservation -oriented water rate y Water rates will be monitored on an
structure annual basis and may be adjusted
depending on city goals.
Production meters y
Universal metering and meter repair y
and replacement
Water conserving landscaping y
Water loss control measures y
Leak detection and repair y
Recycling and reuse y The city has completed a water
supply master plan to explore
opportunities and will initiate a
feasibility study for water storage
and direct potable reuse
Water conservation coordinator y
Outdoor water use restrictions y
Rain barrel rebates N 2024-2025 The city will develop a program of
rebates for rain barrel purchases.
Plumbing Fixture and Washer Rebate Program:
Toilet rebates N 2024-2025
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Ordinance No. 24-3761 Page 6 of 11
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Expected
Already
Implementation
MP Description
Implemented
Date
Notes:
Showerhead and aerator kit rebates
N
2024-2025
The city will develop a system of
rebates for high -efficiency toilets,
Clothes washer rebates
_N
2024-2025
showerhead and aerator kits, and
clothes washers for residences and
Urinal rebates
N
—
2024-2025
commercial establishments, and
urinals for commercial
establishments.
Water Wise landscaping rebates
N
2024-2025
The city will explore options and
develop a program of rebates for
retrofit of existing landscaping.
Rainwater harvesting rebates N 2024-2025 The city will develop a program of
rebates for the purchase and
installation of rainwater harvesting
equipment.
SECTION 8. Article 13.05, § 13.05.005, subsection (2) 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):
(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 state commission on
environmental quality (TCEQ) as soon as possible to notify the director
that mandatory provisions of this plan have been implemented.
(A) Step I. Curtailment shall be initiated upon existence of mild water
shortage conditions and will include the following actions:
(i) Develop an information center and designate an information
person.
(ii) Advise the public of the condition and publicize the availability
of information from the information center.
(iii) Encourage voluntary reduction of water use.
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(iv) Contact commercial and industrial users and explain the
necessity for the initiation of strict conservation methods.
(v) Implement system oversight and make adjustments as
required to meet changing conditions.
(vi) Target: Raise public awareness of the situation and maintain
daily water demand at or below 50 percent of available water
production capacity.
(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.
(i) Outdoor single-family residential use of water for nonirrigation
use will be permitted to once per week. Even -numbered
houses will use water for outdoor residential uses on
Saturdays and odd -numbered houses on Sundays. Outdoor
uses consist of washing vehicles, boats, trailers, walkways,
windows, and houses, recreational use of sprinklers, outside
showers (in parks) and water slides.
(ii) The city manager, or his/her designee, will monitor system
function and establish hours for outside water use, depending
upon system performance.
(iii) The information center and publicity elements shall keep the
public advised of curtailment status.
(iv) Commercial and industrial non -single-family residential
locations (apartment complexes, businesses, industries,
parks, street and/or roadway medians, etc.) users will be
visited to ensure that conservation measures have been
initiated. Landscape watering will be restricted to Thursdays.
(v) Target: Reduce and maintain daily water demand at or below
70 percent of available water production capacity.
(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:
(i) Vehicle washing, window washing, outside watering (lawn,
shrubs, faucet dripping, garden, etc.).
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(ii) Public water uses which are not essential for health, safety
and sanitary purposes. These nonessential uses include:
street washing, watering of parks, fire hydrant flow testing,
filling swimming pools, watering athletic fields and courses,
and dust control sprinkling.
(iii) Commercial uses not listed will be controlled to the extent
dictated by the city manager.
(iv) Pro-rata water allocation: In the event that the triggering
criteria in severe 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 the existence of an
emergency condition as determined by the city manager. The
listed actions are compulsory on users:
(i) All aesthetic and nonessential water use, including landscape
irrigation use, is prohibited, except where necessary to protect
the health, safety, and welfare of the public. No new
landscape material may be installed.
(ii) All city operations will adhere to the water use restrictions.
(iii) The city may reduce water system pressure to conserve
water.
SECTION 8. Article 13.05, § 13.05.005, subsection (6) 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):
"(6) Information and education.
(A) The public will be made aware of water conservation and drought
conditions by information and data transferred through the city's
program. During periods of water shortage curtailment, step I
conditions will establish an information center, an information
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person, and utilize the most effective methods developed for
information dissemination on a daily basis.
(B)
The city understands communication with the public must be
dynamic in order to reach the citizens. The city will use any
combination of, but not limited to, postingRes#mRg notices,
newspaper articles, radio coverage, social media and direct mail
to customers, electronic communication usinq (Everbridge),
customer portals and digital message boards at city hall. will be
used dLjrinn the first year aGt*y*tios
SECTION 10. 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 11. 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 12. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing law.
SECTION 13. 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 §§ 13.05.004 and 13.05.005, not specifically amended
herein and not in conflict herewith shall remain in full force and effect.
SECTION 14. 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 15. 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.
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Passed and approved on first reading this 9th day of April, 2024.
Passed and approved on second reading this 23,d day of April, 2024.
ATTEST:
ow�K
Belinda HinblosA, City Secretary
APPROVED AS TO CONTENT:
Jeffrey Sr)qdzEqKq Manager
APPROVED AS TO FORM:
hew.. L. Wade, City Attorney
Charles Stornes) Mayor
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