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HomeMy WebLinkAboutOrdinance No. 2019-43 (Title: An ordinance amending Chapter 86,"Utilities" of the Code of Ordinances of the City of Friendswood by amending Sections 86-30 through 86-34, amending the Water Conservation Plan; and providing other matters relating to the subject.) ORDINANCE NO. 2019-43 AN ORDINANCE OF THE CITY OF FRIENDSWOOD AMENDING CHAPTER 86, UTILITIES, SECTIONS 86-30 THROUGH 86-34; AMENDING THE 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 WHEREAS,the City recognizes that due to natural limitations,drought conditions,system failures and other acts of God which may occur,the City cannot 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 an amended Water Conservation Plan; and WHEREAS,pursuant to Chapter 54 of the Local Government Code,the City is authorized to adopt such Ordinance necessary to preserve and conserve its water resources. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That Chapter 86, Utilities, Sections 86-30 through 86-34 of the Code of Ordinances are hereby amended by changing the Water Conservation Plan attached hereto as Exhibit A, and made a part hereof for all purposes. The City commits to implement the requirements and procedures set forth in the adopted plan. Section 2. That 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. Section 3.That this Ordinance shall become effective five(5)calendar days after its publication in the official newspaper of the City of Friendswood. PASSED AND APPROVED on first reading this 4th day of November,2019. PASSED, APPROVED AND ADOPTED on second and final reading this of 2nd day of December, 2019. "1 J . ike F. em n Mayo ATTEST: fie ."` faV'' 4, tt Melinda Welsh, TRMC City Secretary . � •`° • of:T mprr + Ord No.2019-43 2 CITY OF FRIENDSWOOD WATER CONSERVATION PLAN Section 86-30. — Water Conservation Plan (a) Declaration of Policy, Purpose, and Intent (1) 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. (2) 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 Section 5 of this plan. (b) Definitions The following words,terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. 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. - 1 - 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 document identified as such or may be contained within another water management document(s). 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. 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. Non-essential water use: water uses that are neither essential nor required for the protection of public, health, safety, and welfare, including: (1) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan. (2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle. (3)Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced areas. (4) Use of water to wash down buildings or structures for purposes other than immediate fire protection. (5)Flushing gutters or permitting water to run or accumulate in any gutter or street. (6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools. (7)Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life. (8) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). - 2 - (9) Use of water from hydrants for construction purposes or any other purposes other than fire fighting. 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. (c) 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 by no later than by the end of year 2024,and every five years after that date to coincide with the regional water planning group. - 3 - (d) Authorization, Implementation and Enforcement The City Manager,or his/her designee,is hereby authorized and directed to implement and enforce this Water Conservation Plan. This section formally adopts this plan, outlines the implementation and enforcement authority of the City Manager, and provides for the most recent update. (e) 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. This Plan was adopted and placed into effect by the City Council of the City of Friendswood in accordance with this section. Section 86-3 1. - Utility Profile The City of Friendswood Utility Profile is attached hereto as Exhibit A, and made a part hereof for all purposes, and is on file in the Office of the City Secretary. Section 86-32. - Same - Goals and Objectives. (a) Specification of conservation goals and objectives. (1) In accordance with 30 Tex. Administrative Code Part 1, Chapter 288, Subchapter A, 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 2019, the City of Friendswood goals are to achieve a municipal use of 124 gallons per capita per day for the first 5 years (2019-2024) and also achieve a municipal use water loss goal of 5 gallons per capita per day for the period 2019-2024. b. Beginning in the year 2019, The City of Friendswood goals are to control the water loss not to exceed 11% for the first 5 years (20 19-2024). -4 - (3) Goals of the Program (10 year target and goals). a. Beginning in the year 2024, the City of Friendswood goals are to achieve a municipal use of 121 gallons per capita per day for the next 5 years (2019-2024) and also achieve a municipal use water loss goal of an additional 3 gallons per capita per day for the period 2024-2029. b. Beginning in the year 2024, the City of Friendswood goals are to manage the water loss to 8%or less for the next 10 years (20 19-2029). (4) The projected baseline to reduce per capita per day consumption is 124 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. (b) Metering (1) 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%. (2) 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. (3) The Water Treatment Plant has metering for treated water. The metering is accomplished through turbine meters. Certified calibration is performed bi- annually. (c) Determination and Control of Unaccounted-for Water (1) 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. (2) Leaks are reported by any municipal employee as well as the general public. (3) 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. (4) All leaks are repaired the same day or as soon as practicable. (d) Public Education - 5 - (1) 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. (2) 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. (e) Water Rates The City of Friendswood has block uniform water rates in place. In 2014, the City moved from a uniform block rate to the volumetric system. Water rates are in Appendix D to this Code of Ordinances. (f) Water Systems Operations (1) 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. (2) The City uses approximately 1.9 billion gallons annually. The purchased water provides the majority of the demand and averages over 95% of the usage. (g) 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). (h) Record Management System (1) The Public Works Department maintains records of: a. Water received from the City of Houston b. Water received from the ground water plants. c. Water pumped to the distribution system d. Water used for flushing and sewer line cleaning e. Estimates of water losses due to water leaks and fire fighting/training. - 6 - (2) The Administrative Services Department maintains records of: a. Water sold b. 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 78th Texas Legislature. (i) Wholesale Contracts The City has no wholesale contracts with any other municipalities or water districts. (j) Plumbing Codes (1) The City operates under the 2012 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. (2) 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. (k) Recycling and Reuse The City has no program regarding the reuse of gray water. (1) 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. Section 86-33. - Drought Contingency Plan In addition to this Water Conservation Plan,the City also has a Drought Management Plan. 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. Section 86-34. - Enforcement (a) No person shall knowingly or intentionally 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. (b) Any person who 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 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. - 8 -