HomeMy WebLinkAbout01-3316 ord163
ORDINANCE NO, 01-3316
AN ORDINANCE AMENDING THE CITY OF PLAINVIEW WATER
CONSERVATION AND DROUGHT CONTINGENCY PLAN;
PENALTIES CLAUSE; CUMULATIVENESS CLAUSE;
SEVERABILITY CLAUSE; CONFLICTS CLAUSE; AND
EFFECTIVE DATE
WHEREAS, the Texas Natural Resources Conservation Commission
(formerly the Texas Water Commission) requires under Chapter 288.20 et.seq.,
Title 30 of the Texas Administrative code that certain language be included in the
City's drought contingency plan; and
WHEREAS, the City Council of the City of Plainview, Texas, has determined
there is a need in the best public interest of the City of Plainview 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 of the City of Plainview now 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, BE IT ORDAINED by the City Council of the City of
Plainview, Texas: ·
Section I
The City Council hereby approves and adopts as the City of Plainview Water
Conservation Plan, the Water Conservation/Drought Contingency Plan attached
hereto to as Exhibit A and incorporated herein. The City commits to implement the
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. 01-3316
Water Contingency Ordinance
Page I of 2
164
Section III
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions hereof.
Section IV
All ordinances or portion of any ordinance in conflict herewith are hereby
amended to conform with the provisions hereof.
Section V
This ordinance shall be of full force and effect upon its passage and
publication as required by law.
PASSED AND APPROVED on first reading this 20th day of December, 2001.
PASSED AND APPROVED on second reading this 8th day of January, 2002.
Belinda Hinojosa, City Secreta~
APPROVEDAS TO CONTENT:
APPROVED AS TO FORM:
Director of Public Works
City Attorney
Ordinance No. 01-3316
Water Contingency Ordinance
Page 2 of 2
165
WATER CONSERVATION PLAN
Education and Information Programs
The City of Plainview will inform the City users of various recommended methods for
implementing a reduction in water consumption. Currently, water conservation literature is being
distributed at the City Hall, and the City smffgives talks to schools on water conservation practices.
The City will distribute additional resource materials which are available from the Texas Water
Development Board and other agencies which develop pertinent information or data. The first
year program will consist of the following activities:
a. A "Fact Sheet" explaining the Plainview's conservation plan will be developed and distributed
to water customers at the outset of the Plan.
b. An article will be placed in the local newspaper, coordinated with the distribution of the "Fact
Sheel~'.
c. Each new customer will be advised of the City's conservation program, and will be provided
with a "New Customer Information Packe~' which contains "Homeowners Guide," the "Fact
Sheer', and copies of the articles published in local papers during the year.
d. A newspaper article will be published advising water customers that the Homeowners Guide
is available at the Administration Offices.
e. The brochure, '%Vater ... Half-A-Hundred Ways to Save It," will be made available to water
customers.
fi A news article will be published elaborating on brochure items and certain methods for
saving water.
g. One of two brochures, "How to Save Water Outside the Homer or "How to Save Water
Inside the Home," will be dislributed to water customers.
Water COnserVatiOn Ordinance No. 01-3316
Attachment A Page I Of 12
166
The long-term education and information program will consist of five activities each year
after the first year:
a. New brochures emphasizing new or innovative means for conserving water will be made
available at the Administration Offices.
b. A statement will be printed on the water bill advising water customers that the brochures are
available at the Administration Offices.
c. A newspaper article targeting one particular household water using utility or item (dishwasher,
shower, toilet, laundry, ... etc.) will be published with methods for conserving water.
d. A brochure will be made available which correlates weather predictions to outside household
use, car washing, lawn watering, and time of the day.
e. Homeowners Guide will be distributed to customers.
Plumbing Codes
The Texas Natural Resource Conservation Commission (TNRCC) requires that cities and
utilities with a population of 5,000 or more, and do not have a plumbing code, adopt a water saving
plumbing code for new construction and for replacement of plumbing fixtnres in existing structures.
The City of Plainview has adopted the 1997 edition of the Uniform Plumbing Code. The city limits
residential meters (including sprinkler systems) to one inch or smaller, which tends to discourage
excess water use and encourage conservation.
Water Conservation Retrofit Pro,am
Title V of the Health and Safety Code, Subsection E, Chapter 421 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 regarding relrofit devices
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167
(such as low-flow shower heads, toilet dams, faucet aeratOrs, etc.) that reduce water use by replacing
or modifying existing fixtures.
Conservation Oriented Water Rate Structure
The City of Plainview currently has a non-declining rate structure for water sales, which
encourages water conservation. The City is moving toward adopting an ascending block rate
structure, which will further discourage the wasteful use of large quantities of water. The City is now
relating sewer charges to water consumption, with a 20,000 gallon ceiling, and that also encourages
water conservation.
Universal Metering and Meter Repair and Replacement
All connections to the water supply system in Plainview are metered with new meters having
been recently installed in most of the City. The City is testing and replacing meters on an on-going
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.
Plainview's production meters are located at the four booster pump stations at the City's
groundwater storage tanks, at the water treatment plant, and on two groundwater wells that pump
directly into the distribution system. The City uses these meters to estimate and report its
groundwater production. These meters will be tested and calibrated and will be retested 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 is also planning to install a
selMce meter to measure water used for backwash at the water treatment plant.
Water Conserving Landscaping
Educational material ~ include information relating to low water use landscaping. The City
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168
reviews and approves subdivision plans. At the time building permits are acquired, developers will
be provided with literature pertaining to low water demand landscaping items. Nurseries and local
businesses will also be provided with this literature.
Leak Detection and Repair
The current billing cycles make it difficult for the City of Plainview to accurately determine
the amount of unaccounted-for water losses in the system. The City will implement a system using a
12-month moving total of water treated and pumped versus water sold in order to assess this
amount more accurately. The average unaccounted-for water for the year 1991 was 16.6% of the
annual water production. Losses of this size are not uncommon in mtmicipal water systems.
Plainview has almost immediate response to reports of water leaks, which minimizes water waste.
The City has recently repaired the large meter at the. Wal-Mart distribution center, which was found
to be inaccurate. The City is also conducting audits to identify 9onnections which bypass city meters
and correct those which are found.
The City of Plainview 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.
Recycling and Reuse
The City of Plainview has authorized Freese and Nichols, Inc. to conduct a Wastewater
Reuse Feasibility Study. The study includes an inventory of potential areas and specific uses of
reclaimed water. The study also includes a market analysis, including identification of quantity,
quality, selling price and infrastructure requirements necessary for marketing the reclaimed water.
The City will investigate other reuse and recycling programs where legally possible and economically
Water Conservation Ordinance No. 01-3316 Attachment A Page 4 Of 12
169
reviews and approves subdivision plans. At the time building permits are acquired, developers will
be provided with literature pertaining to low water demand landscaping items. Nurseries and local
businesses will also be provided with this hteramre.
Leak Detection and Repair.
The current billing cycles make it difficult for the City of Plainview to accurately determine
the amount of unaccounted'for water losses in the system. The City will implement a system using a
12-month moving total of water treated and I~m~ed versus water sold in order to assess this
amount more accurately. The avera~nac~unted-for~ water for the year 1991 was 16.6% of the
Log~of~tIffs size are not uncommon m mumc~pal water systems.
annual
water
production,
Plainview has almost immediate response to reports of water leaks, which minimizes water waste.
The City has recently repaired the large meter ~ Wal-Mart distribution center, which was found
The City is alsO co~tin~udits to identify connections which bypass city meters
to
be
inaccurate.
and correct those which are fo~.
The City of Plainview will continue to monitor mon ~thly\c~nnption.
Classification
of meter
det~?~n p~gram. The City is also aware that
condition
provides a reliable
and
effective
leak
assistance in leak detecting surveys can be ob~ from the Texas Water Development Board
Staff.
Recycling and Reuse
The City of Plainview has autholized Freese and Nichols, Inc. to conduct a Wastewater
Reuse Feasibility S~dy. The study includes an inventory of potential areas and specific uses of
reclaimed water, q he study also includes a market analysis, includin~n~c~ of quantity,..
infrastructure reqUirements necessary %4~nar~mng the reclanned water.
quality,
selling
pdce
and
The City will investigate other reuse and recycling programs where legally possible and economically
Water Conservation Ordinance No. 01-3316
Attachment A Page 4 Of 12
feasible.
The City of Plainview currently recycles all water used for triter backwash at the water
treatment planL This amount is estimated at about 41,000 to 45,000 gallons per day. Water
reclamation at the wastewater treatment plant is being considered by the City. External reuse at the
plant site, including grass irrigation, ranges between 250,000 and 500,000 gallons per year. The
wastewater treatment plant dOes not have internal (chlorine contact makeup water) recycling because
ultra-violet disinfection is used rather than chlorination.
Pro Rata Water Allocation
In the event that the triggering criteria specified in Threshold Conditions for C of the Plan
for Stage 3 - Severe Drought Conditions 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.
Implementation and Enforcement
The City of Plainview, throUgh its staff, will implement the Water Conservation Plan in
accordance with the Council's adoption of the Plan, plumbing codes, and revisions thereof as set out
in this Plan. Plainview also maintains the authority 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 Other Political Subdivisions
Any political subdivision and/or wholesale customer applying for new or renewed water
contracts from the City of Plainview must have (1) an approved Texas Water Development Board
Water Conservation and Drought Contingency Plan in effect, or (2) must officially adopt applicable
provisions of the City of Plainview Water Conservation and Drought Contingency Plan. In addition
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171
every wholesale water contract entered into or renewed after adoption of the plan, including
contract extensions, that in case of a shortage of water resulting from drought, the water to be
distribute shall be divided in accordance with Texas Water Code, § 11.039.
Annual Reporting
The City, through adoption of this plan and as required by Section 363.181(b) Title 31 of the
Texas Administrative Code (TAC), published June g4, 1986, commits to report to the Executive
Director of the Texas Water Development Board annually. The reportto the Director will contain
information describing:
a. Progress in Conservation Plan implementation.
b. Public response to plan implementation and operation.
c. Quantitative effectiveness with reference to:
· system reduction and
· reduction in customer or per capita use
d. List of public information released during the year.
DROUGHT CONTINGENCY PLAN
Threshold Conditions
The Texas Water Development Board suggests four levels or "trigger conditionsw for
determining the degree of urgency for initiation of Drought Contingency Plan. These four levels of
drought condition relate to the City of Plainview, and are as follows:
a. Mild drought, occurs when: (a) The average daily water consumption reaches 90% of the
production capacity, and has been that high for a period of three days. (b) Weather
conditions indicate that high use is hkely to continue.
b. Moderate drought conditions are reached when: (a) The average daily water consumption
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reaches 100% 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
equipment which will require more than 24 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 for a 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 12 hours to repair occurs when a moderate drought is in progress.
d. An Emergency Condition is declared when: (a) the CRMWA system fails, and the surface
water cannot be delivered to the City, (b) the water system is contaminated either accidentally
or intentionally, or (c) the water system fails from acts of God (tornadoes, hurricanes, etc.) or
man. An emergency condition is treated like a severe drought~
Drought Contingency Measures
The Water Conservation and Drought Contingency Ordinance adopted and included as part
of this plan enables the City Manager to initiate action that will effectively implement the Plan. The
following steps are recommended.
Step.!
Step I curtailment shall be initiated upon existence of mild droUght conditions and will
include the following actions:
a. Develop Information Center and designate information person.
b. Advise public of condition and publicize availability of information from the Information
Center.
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c. Encourage voluntary reduction of water use.
d. Contact commercial and industrial users and explain necessity for initiation of strict
conservation methods.
e. Implement system oversight and make adjustments as required to meet changing conditions.
Step II
Step II curtailment shall be initiated by the City Manager on his or her identifying moderate
drought conditions. The listed actions are compulsory on users and are intended to prohibit non-
essential water use. ("Non-essential Water Use" is defmed as washing house windows, sidings, eaves,
and roof with hose, and without the use of a bucket; washing driveways, streets, curbs and gutters;
Washing vehicles without cutoff valve and bucket; unattended sprinkling of landscape shrubs and
~ass; draining and filling swimming pools; and flushing water system.)
a. Outdoor residential use of water ~ be permitted on alternate days. Even number houses
will use water for outdoor residential uses on even days of the month and odd number
houses on odd days of the month. Outdoor residential uses consist of washing vehicles,
boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers,
outside showers (in parks) and water slides.
b. The City Manager will monitor system fimction and establish hours for outside water use,
depending upon system performance.
c. The Information Center and publicity elements shall keep the public advised of curtailment
status.
d. Commercial and industrial users will be visited to ensure that conservation measures have
been initiated.
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Step III
Step III curtailment shall be initiated upon existence of a severe drought or emergency
condition as determined by the City Manager. The City Manager will ban the use of water for:
a. Vehicle washing, window washing, outside watering (lawn, shrubs, faucet dripping, garden;
etc);
b. Public water uses which are not essential for health, safety and sanitary purposes. These non-
essential uses include: sweet washing, watering of parks, fire hydrant flushing, filling
swimming pools, watering athletic fields and courses, and dust control sprinkling.
c. Commercial uses not listed will be controlled to the extent dictated by the City Manager.
Businesses requiring water as a basic function of the business, such as nurseries, commercial
car wash, laundromats, high pressure water cleaning, etc., will obtain written permission from the
City Manager for intended water use.
The System Priority for water service shall be made based on the following priority list.
Hospitals
b. Residential
c. Schools
d. Industrial
e. Commercial
f. Recreational
Alternative Water Sources
The City of Plainview has two water sources, water pumped by wells from the Ogallala
Aquifer and water delivered to the City's Water Treaanent Plant by the Canadian River Municipal
Water Authority (CRMWA). The wells are located in different areas of the City and are powered
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175
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.
With these two water sources, it is highly tmlikely 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.
Information and Education
The public will be made aware of conservation and drought conditions by information and
data transfer through the City's program. During periods of drought curtailment, Step I conditions
will establish an information center, an information person, and utilize the most effective methods
developed for information dissemination on a daily basis.
Close observation of the fLrst year information program should develop the most effective
ways to communicate with customers. Posting notices, newspaper articles, radio coverage and direct
mail to customers will be used during the first year activities.
Initiation Procedures
Initiation procedures for drought response are described in this Plan. Each condition urill be
met with corresponding action by the City Manager. The City will affect curtailment, give notice,
publicize and follow-up with implementation of curtailment~
Termination Notification
Termination of each drought condition will begin when conditions have improved to the
extent that an upgraded condition can be declared by the City Manager. This process will be
employed until full service can be provided. System priority will be considered in returning to
upgraded condition. Termination will be initiated by the City Manager by giving notice, etc., as was
given to enact drought curtailment.
Water Conservation Ordinance No. 01-3316
Attachment A
Page10Of12
176 '
Variances
The City Manager, or his/her designee, may, in writing, grant temporary variance for existing water
uses otherwise prohibited under this Plan if k is determined that failure to grant such variance
would cause an emergency condition adversely affecting the health, sanitation, or fire protection for
the public or the person requesting such variance and if one or more of the following conditions are
metz
(a) Compliance with this Plan cannot be technically accomplished during the duration of the
water supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of reduction in
water use.
Persons requesting an exemption from the provisions of this Ordinance shall fde a petition for
variance with the City of Plainview within 5 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, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief:
(d) Detailed statement as to how the specific provision of the Plan adversely affects the
petitioner or what damage or harm will occur to the petitioner or others if petitioner
complies with this Ordinance.
(e) Description of the relief requested.
(i) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to
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177
take to meet the intent of this Plan and the ~compliance date.
(h) Other pertinent information.
Variances granted by the City of Plainview shall be subject to the following conditions, unless waived
or modified by the City Manager or his/her designee:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner
has failed to meet specified requirements.
N° variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the
issuance of the variance.
Modification, Deletion and Amendment
The City Manager can add, delete, and amend rules, regulations and implementation as
needed/desired, and shall advise the City Council of such amendments at its regular or called
meeting.
Means of hnplementation
Adoption of this Plan and Drought Contingency Ordinance will enable the City to implement
and carry out enforcement of enacted ordinances to make the Plan effective and workable.
Water Conservation Ordinance No. 01-3316
Attachment A
Page12Of12
