HomeMy WebLinkAboutOrdinance No. 2009-03 (Title: An ordinance amending Chapter 86, "Utilities" of the Code of Ordinances of the
�J City of Friendswood by adopting a new section 86-30 providing for a Water Conservation
Plan; and providing other matters relating to the subject.)
ORDINANCE NO. 2009-03
AN ORDINANCE OF THE CITY OF FRIENDSWOOD AMENDING THE
CITY CODE BY ADOPTING A NEW SECTION 86-30 "WATER
CONSERVATION PLAN" WHICH ADOPTS A WATER
CONSERVATION PLAN FOR THE CITY OF FRIENDSWOOD TO
PROMOTE RESPONSIBLE USE OF WATER; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR EACH DAY
OF VIOLATION OF ANY PROVISION HEREOF; PROVIDING FOR
THE DISCONNECTION OF WATER SERVICE FOR
NONCOMPLIANCE WITH THE PROVISION OF WATER
CONSERVATION PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Friendswood, Texas, (the "City") recognizes that the amount of
water available to its water customer is limited; and
�1 WHEREAS, the City recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the City can not guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the water code and the regulations of the Texas Commission on
Environmental Quality (TCEQ) requires that the City adopt a water conservation plan; and
WHEREAS, the City has determined an urgent need in the best interest of the'public to
adopt a Water Conservation Plan; and
WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the City is
authorized to adopt such ordinances as necessary to preserve and conserve its water resources.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD`,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The Code of Ordinances of the City of Friendswood, Texas is amended by
adding a new section 86-30 "Water Conservation Plan" to Chapter 86 "Utilities" to read and
provide as follows:
"Section 86-30. Water Conservation Plan.
(a) General
(1) Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and/or to protect the integrity of water supply
facilities, with particular regard for domestic water use, sanitation, and fire protection, and to
protect and preserve public health, welfare, and safety and minimize the adverse impacts of
water supply shortage or other water supply emergency conditions, the City of Friendswood
adopts the following water conservation plan.
Water uses regulated or prohibited under the Water Conservation Plan (the Plan) are
considered to be non-essential and continuation of such uses during times of water shortage
or other emergency water supply condition are deemed to constitute a waste of water which
subjects the offender(s)to penalties as referenced in subsection(e) of this plan.
(2) Definitions
For the purposes of this Plan, the following definitions shall apply:
Aesthetic water use: water use for ornamental or decorative purposes such as fountains,-
reflecting pools, and water gardens.
Commercial and institutional water use: water use which is integral to the operations of
commercial and non-profit establishments and governmental entities, such as retail
establishments, hotels and motels, restaurants, and office buildings.
Conservation: those practices, techniques, and technologies that reduce the consumption of
water, reduce the loss and/or waste of water, improve the efficiency of the use of water, and
increase the recycling and reuse of water so that a supply is conserved and made available for
future or alternative uses.
Customer: any person, company, or organization using water supplied by the City of
Friendswood.
Domestic water use: water use for personal needs or for household or sanitary purposes such
as drinking, cooking, bathing, heating, cooling, sanitation, or for cleaning a residence,
business, industry, or institution.
Drought Contingency Plan: A strategy or combination of strategies for temporary supply and
demand management responses to temporary and potentially recurring water supply
shortages and other water supply emergencies. A drought contingency plan may be a separate
Ord 2009-03 2
document identified as such or may be contained within another water management
document(s).
Municipal per capita water use: The sum total of water diverted into a water supply system
for residential, commercial, and public and institutional uses divided by actual population
served.
Municipal use: The use of potable water within or outside a municipality and its environs
whether supplied by a person, privately owned utility, political subdivision, or other entity as
well as the use of sewage effluent for certain purposes, including the use of treated water for
domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering
parks and parkways, and recreational purposes, including public and private swimming
pools, the use of potable water in industrial and commercial enterprises supplied by a
municipal distribution system without special construction to meet its demands, and for the
watering of lawns and family gardens.
Municipal use in gallons per capita per day: The total average daily amount of water
diverted or pumped for treatment for potable use by a public water supply system. The
calculation is made by dividing the water diverted or pumped for treatment for potable use by
population served. Indirect reuse volumes shall be credited against total diversion
volumes for the purpose of calculating gallons per capita per day for targets and goals.
Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas,
( whether publicly or privately owned, including residential and commercial lawns, gardens,
golf courses,parks, and rights-of-way and medians.
Non-essential water use: water uses that are neither essential nor required for the protection
of public, health, safety, and welfare, including:
a. Irrigation of landscape areas, including parks, athletic fields, and golf courses, except
otherwise provided under this Plan.
b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle.
c. Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts or other hard-surfaced areas.
d. Use of water to wash down buildings or structures for purposes other than immediate
fire protection. '
e. Flushing gutters or permitting water to run or accumulate in any gutter or street.
f. Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi
type pools.
g. Use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life.
h. Failure to repair a controllable leak(s) within a reasonable period after having been
given notice directing the repair of such leak(s).
i. Use of water from hydrants for construction purposes or any other purposes other than
fire fighting.
Ord 2009-03 3
Pollution: The alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any water in the state that renders the water harmful, detrimental, or
injurious to humans, animal life, vegetation, or property, or to the public health, safety, or
welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or
reasonable purpose.
Public water supplier: An individual or entity that supplies water to the public for human
consumption.
Regional water planning group: A group established by the Texas Water Development Board
to prepare a regional water plan under Texas Water Code, §16.053.
Retail public water supplier: An individual or entity that for compensation supplies water to
the public for human consumption. The term does not include an individual or entity that
supplies water to itself or its employees or tenants when that water is not resold to or used by
others.
Reuse: The authorized use for one or more beneficial purposes of use of water that remains
unconsumed after the water is used for the original purpose of use and before that water is
either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or
other body of state-owned water.
Water conservation plan: A strategy or combination of strategies for reducing the volume of
water withdrawn from a water supply source, for reducing the loss or waste of water, for
maintaining or improving the efficiency in the use of water, for increasing the recycling and
reuse of water, and for preventing the pollution of water. A water conservation plan may be a
separate document identified as such or may be contained within another water management
document(s).
Wholesale public water supplier: An individual or entity that for compensation supplies
water to another for resale to the public for human consumption. The term does not include
an individual or entity that supplies water to itself or its employees or tenants as an incident
of that employee service or tenancy when that water is not resold to or used by others, or an
individual or entity that conveys water to another individual or entity, but does not own the
right to the water which is conveyed, whether or not for a delivery fee.
(3)Review and Modification of Plan
This water conservation plan will be reviewed and updated, as appropriate, based on an
assessment of previous five-year and ten-year targets and any other new or updated
information. The City will review and update the next revision of its water conservation plan
not later than May 1, 2014, and every five years after that date to coincide with the regional
water planning group.
(4)Authorization, Implementation and Enforcement
Ord 2009-03 4
The City Manager, or his/her designee, is hereby authorized and directed to implement and
enforce this Water Conservation Plan.
(5)Application
The provisions of this Plan shall apply to all persons, customers and property utilizing water
provided by the City of Friendswood. The terms person and customer as used in the Plan
include individuals, corporations, partnerships, associations, and all other legal entities.
(6) Severability
It is hereby declared to be the intention of the City Council of the City of Friendswood that
the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any,
phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Plan, since the same would not have been enacted by the City'
Council of the City of Friendswood with the incorporation into this Plan of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
(b) UTILITY PROFILE
The current City of Friendswood Utility Profile shall be kept on file in the office of the Director!
of Public Works and shall be a component of this Water Conservation Plan.
(c) WATER CONSERVATION PLAN
(1) Specification of Conservation Goals and Objectives
In accordance with 30 TAC Part 1, Chapter 288, Subchapter C, Rule 288.2 (a)(1)(C) the
following objectives and five (5) and ten(10) year targets have been established:
The objectives of this water conservation plan are as follows:
a. To promote water conservation.
b. To determine and control unaccounted water usage.
C. To reduce the loss and waste of water.
d. To maintain an accurate record of water usage.
(2) Goals of the Program (5 year target and goals)
a. Beginning in the year 2009, The City of Friendswood goals are to achieve a municipal use
of 138 gallons per capita per day for the first 5 years (2009-2014) and also achieve a
municipal use water loss goal of 2 gallons per capita per day for the period 2009-2014.
Ord 2009-03 5
b. Beginning in the year 2009, The City of Friendswood goals are to control the water loss
not to exceed 15% for the first 5 years (2009-2014).
(3) Goals of the Program (10 year target and goals)
a. Beginning in the year 2009, The City of Friendswood goals are to achieve a municipal use
of 136 gallons per capita per day for the next 10 years (2015-2025) and also achieve a
municipal use water loss goal of an additional 2 gallons per capita per day for the period
2015-2025.
b. Beginning in the year 2009, The City of Friendswood goals are to manage the water loss to
15% or less for the next 10 years (2015-2025).
(4) The projected baseline to reduce per capita per day consumption is 140 gpcd.
To accomplish these goals the City of Friendswood will utilize the programs and policies in
this Plan such as accurate metering devices, universal metering, meter testing and repair,
periodic meter replacement, control of unaccounted water,public education,non-promotional
water rates, and leak detection and repair.
(5) Metering
The City of Friendswood meters 100% of the connections to the distribution system
including municipal uses. Meters range in size from 3/4" to 6". All meters are designed to.
provide accurate flows to within+/- 5%.
The City practices a meter change-out program whereby meters are changed out every 10-15
years. Additionally, larger meters are field tested and repaired for accuracy. Generally, the
city does not use repaired meters in the system.
The Water Treatment Plant has metering for treated water. The metering is accomplished
through turbine meters. Certified calibration is performed bi annually.
i
(6)Determination and Control of Unaccounted-for Water
a. The City makes a bimonthly accounting of water delivery efficiencies. At the end of each
period, the Public Works Department calculates the difference between water pumped to the
system and water sold through the meters. This calculation is reduced to a percentage of
water losses. This is maintained and reviewed on an annual basis.
b. Leaks are reported by any municipal employee as well as the general public.
c. The Water Plants are monitored daily and system pressure is checked carefully. Any
unusual pressure level may be indicative of sizeable leaks and reported to the maintenance
section as soon as noted.
d. All leaks are repaired the same day or as soon as practicable.
Ord 2009-03 6
(7)Public Education
The City will support programs to educate the public regarding water conservation activities
that support its goals. This includes educating the general public on the need for and practices
of water conservation through public service announcements and other means. This
information will be provided by means of public notice, web site, press releases and
mailings.
Through the Focus on Friendswood Newsletter and the Annual Consumer Customer Report,
the City will provide water conservation tips to its customers. In addition, the City sponsors
local schools by providing book covers that include water conservation information.
(8) Water Rates
The City of Friendswood has block uniform water rates in place. In 2001 the City moved
from a declining block rate to a uniform block rate. The water rates are found in section 122-
122 of the Code of Ordinances.
(9) Water Systems Operations
The City purchases treated surface water from the City of Houston. The City owns and
operates two surface water booster stations and six ground water plants. Water is received
into the ground storage tanks via water supply lines. The water is then distributed through
transmission lines to customers. The system capacity is 20 MGD.
a
The City uses approximately 1,500 million gallons annually. The purchased water provides
the majority of the demand and averages over 90%of the usage. j
(10) Coordination with Regional Water Planning Groups
The water service area of the City of Friendswood is located within the Region H Water
Planning area and a copy of this Plan has been provided to the Region H Water Planning
Group (RWPG).
(11) Record Management System
a. The Public Works Department maintains records of:
i. Water received from the City of Houston
ii. Water received from the ground water plants.
iii. Water pumped to the distribution system
iv. Water used for flushing and sewer line cleaning
V. Estimates of water losses due to water leaks and fire fighting/training
b. The Administrative Services Department maintains records of:
Ord 2009-03 7
I
i. -Water sold
I Water rates
In 2005 the City prepared and submitted a water audit in accordance with Texas Water
Development Board guidance as required by Section 16.0121 of the Texas Water Code and
amended by the 78`h Texas Legislature.
(12) Wholesale Contracts
The City has no wholesale contracts with any other municipalities or water districts.
(13)Plumbing Codes
The City operates under the 2003 International Plumbing Code. This code has been formally'
adopted by the City Council and is included in the City of Friendswood Code of Ordinances.,
A copy of this code is on file with the city secretary. The City routinely inspects new
construction, remodeling, add-ons, etc., through building permits. All new construction is
required to meet state and federal rules regarding water-conserving plumbing fixtures.
The City does not offer a program for the replacement or retrofit of water-conserving
plumbing fixtures in existing structures other than what would be required through the;
permitting process for re-models and building upgrades.
(14) Recycling and Reuse
The City has no program regarding the reuse of gray water.
i
(15) Other Conservation Measures
The City recognizes that in order to accomplish the goals and objectives of this water
conservation plan, other conservation measures may be required that are not outlined within
the body of this document. The City is aware of the Water Conservation Best Management
Practices Guide published by the Water Conservation Implementation Task Force in
November 2004. As deemed necessary, the City will implement other measures either from
the BMP guide or as otherwise seen fit to assure compliance with the plan.
(d) Drought Contingency Plan
In addition to this Water Conservation Plan, the City also has a Drought Management Plan as
found in section 86-29 above. Drought contingency planning has been developed as a part of this
Water Conservation Plan as a means of dealing with conditions which occur from drought and/or
water emergencies. The drought contingency and water emergency management phase of the
conservation plan has been developed using the guidelines of the TCEQ and the TWDB.
(e) Enforcement
Ord 2009-03 8
i
C)
(1) No person shall intentionally or knowingly allow the use of water from the City of '
Friendswood for residential, commercial, industrial, agricultural, governmental, or any other
purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that
permitted by the drought response stage in effect at the time pursuant to action taken by City
Manager, or his/her designee, in accordance with provisions of this Plan.
(2) Any person who intentionally or knowingly violates this Plan is guilty of a misdemeanor
and, upon conviction shall be punished by a fine of not less than one dollar ($1.00) and not
more than two hundred dollars ($200.00). Each day that one or more of the provisions in this
Plan is violated shall constitute a separate offense. If a person is convicted of three or more'
distinct violations of this Plan, the City Manager, or his/her designee, shall, upon due notice i
to the customer, be authorized to discontinue water service to the premises where such
violations occur. Services discontinued under such circumstances shall be restored only upon
payment of a re-connection charge in accordance with current policies and ordinances and
any other costs incurred by the City of Friendswood in discontinuing service. In addition,
suitable assurance must be given to the City Manager or his/her designee, that the same
action shall not be repeated while the Plan is in effect. Compliance with this plan may also be
sought through injunctive relief in the district court."
Section 3. Repeal. All ordinances or parts of ordinances inconsistent or in conflict
herewith, are,to the extent of such inconsistency or conflict,hereby repealed.
Section 4. Severability. In the event any clause, phrase, provision, sentence, or part
of this Ordinance or the application of the same to any person or circumstance shall for any
I
i
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and every part of the same
I
notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,
whether there be one or more parts. To the extent this Ordinance is in conflict with state law,the
state law is controlling.
Section 5. Effective Date. This Ordinance shall be in full force and effect
r
immediately upon and after its final passage and publication as required by law.
Ord 2009-03 9
PASSED AND APPROVED on first reading this 23`d day of March,2009. y
PASSED, APPROVED AND ADOPTED on second and final reading this 6t" day of `
April,2009. j
David J. H. Smith
Mayor
ATTEST:
pRIelvo
3r' �OF 0.
chi * o
12
De oris McKenzie, TRW
City Secretary
s �
�4TF OF t�4
I
I
f
Ord 2009-03 10