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ORD 1993-20 - Adopt Water Conservation and Drought Contigency Plans 06-13-1993ORDINANCE NO. 93 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING PLANS FOR WATER CONSERVATION AND DROUGHT CONTINGENCY; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The City Council hereby approves and adopts as its Water Conservation Plan and Drought Contingency Plan the document attached hereto as Exhibit A. SECTION 2: The City Manager shall report to the Texas Water Development Board annually regarding the implementation and effectiveness of the City's Water Conservation and Drought Contingency Plans. SECTION 3: This ordinance shall take effect immediately. PASSED by the City Council of the City of Huntsville, Texas, on this the 13th day of June, 1993. A'1'1 'EST: Danna Welter, City Secreta APP' • VED AS TO FORM: Scott Boun• s, City Attorney 2 CITY OF HUNTSVILLE, TEXAS CITY OF HUNTSVILLE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN TABLE OF CONTENTS Ordinance Adopting City of Huntsville Water Conservation and Drought Contingency Plan 2 Water Conservation and Drought Contingency Plan 3 -13 Ordinance No. 91 -16, Adopting the Standard Plumbing Codes (latest update) 14 -27A Ordinance No. 80 -23, Water Rationing (latest rationing) 28 -29 1 ordinance Adopting pity of Huntsville water conservation and Drought contingency plan water conservation and Drought contingency Plan SECTION I - INTRODUCTION Texas Water Code section 17.125 requires a Water Conservation Plan and Drought Contingency Plan by political subdivisions seeking financial assistance from the State Water Loan Assistance Fund or the Water Development Board. The objective of a conservation program is to reduce the quantity of water used for residential and commercial purposes through implementation of efficient water use practices. The drought contingency plan is intended to provide procedures for both voluntary and mandatory actions to temporarily reduce water usage in a water shortage crisis in order to protect the general public health and safety. A. Planning Area - Proposed Project: The planning area consists of the City of Huntsville and its extraterritorial jurisdiction which contains 81 square miles. Huntsville is in the county seat of Walker County and has a population of 27,925. The current project consists of preparation of documents to obtain wastewater loans through the Texas Water Development Board to upgrade the existing facilities to meet current agency standards. Also included is the construction of interceptor sewer lines, a lift station, and force main to service an area on the northeastern side of the City including a new jail to be constructed by the Texas Department of Criminal Justice. B. Contingency Plan: System improvements will be developed from study and evaluation of existing conditions to establish a specific program for meeting desired goals. C. Utility Evaluation Data: 1. Population of service area 32,165 2. Area of service area 21 3. Number and type of equivalent 5/8" meter connections in service area 5,625 (res.) 1,325 (co 4. Net rate of new connections per year (new connections less disconnects) 61 (res.) 8 (comm.) 5. Water use information: a) Water production for 1990 1,577,193,000 (gal./yr.) b) Average water production for last two years 1,500,562,600 (gal./yr.) c) Average monthly water production (Number) (sq. mi.) for last two years d) Estimated monthly sales: 125,046,883 (gal. /mo.) 1990 TOTAL (1000 GAL.) January 104,506 February 92,899 March 104,038 April 104,625 May 102,695 June 103,841 July 137,611 August 126,781 September 134,822 October 142,604 November 114,275 December 97,127 TOTAL 1,365,888 AVERAGE 113,824 e) Average daily water use (res. /comm. /ind.) f) Peak daily use (res. /comm. /ind.) g) Peak to average use ratio (avg. daily summer use divided by annual average daily use) h) Unaccounted for water (% of water production) 6. Wastewater information: a) Percent of your potable water customers sewered by your wastewater treatment system 89% b) Percent of potable water customers who have septic tanks or other privately operated sewage disposal systems 11% c) Percent of potable water customers sewered by another wastewater treatment utility 0% d) Percent of total potable water sales to the three 3,742,159 gallons 6,957,643 gallons 1.86 13.4% 4 e) 0 g) categories described in 6(a), 6(b), and 6(c) above. 1) Percent to total sales to customers you serve 2) Percent of total sales to customers who are on septic tanks or private disposal systems 3) Percent of total sales to customers who are on other wastewater treatment systems Average daily volume of wastewater treated Peak daily wastewater volume Estimated percent of wastewater flows to your treatment plant that originate from the following categories: Residential 25% Industrial and Manufacturing 0% Commercial/Institutional 68% Storm Water 7% Other 0% 7. Safe annual yield of water supply 8. Peak daily design capacity of water system 9. Major high-volume customers: 10. Population and water use projections: 85% 15% 0% 3.19 mill. gallons 8.29 mill gill 7 mill. gallons 13 mill. gallons Texas Department of Criminal Justice Sam Houston State University YEAR POPULATION POTENTIAL DAILY AVERAGE MGD DAILY MAXIMUM MGD 1990 32165 3.7 6.9 2000 37450 - 4.3 8.0 2010 44177 5.1 9.5 11. Percent of water supply connection in system metered 12. a) Water rate structure/existing rate structure (residential and commercial): 5 100 (res.) 99 (comm.) $10.65/1st 3,000 gal. plus $1.80/1,000 gal. b) Sewer rate structure /existing rate structure (residential): Sewer rate structure /existing rate structure (commercial): 13. Average annual revenues from water and wastewater rates: 14. Average annual revenue from non -rate derived sources: 15. Average annual fixed costs of water and sewer operation: 16. Average annual variable costs of water and sewer operation: 17. Average annual water or wastewater revenues for other purposes: 18. Applicable local regulations: 19. Applicable State, Federal or other regulations as a Public Water Supply, the City of Huntsville must abide by the rules of the following agencies: 6 $9.15/1 st 3,000 gal. plus $1.80/1,000 gal. up to 10,000 gal. max. Same rate, no maximum Water - $3,580,000 /Sewer - $2,437,826 162,998 Water - $3,213,699/Sewer - $1,653,806 Water - $439,745 /Sewer - $604,117 None City of Huntsville Code of Ordinances Chapter 6, Building and Building Regulations, Chapter 17, Water and Sewers, and Chapter 30, Community Development. 1) Texas Water Commission 2) Texas Department of Health 3) Environmental Protection Agency D. Needs and Goals: The City's immediate needs are to make additions to its sewerage system to meet new discharge limits issued by the Texas Water Commission. Additionally, new collection facilities will be constructed to serve a portion of the City and a new 2,000 bed jail to be constructed by the Texas Department of Criminal Justice. Homeowner and user education will be emphasized in the City of Huntsville Conservation Plan. A substantial reduction in water consumption will be noticeable in wastewater facility flows if conservation is implemented within the household. Education of homeowners is necessary if a conservation plan is to succeed in effectively reducing water use and wastewater treatment flows. Huntsville, through customer education, city maintenance and operation, city planning and implementation of planning elements, has two goals: (1) a reduction in water usage, and (2) a reduction in unaccounted water. Achieving these goals will conserve water. It will also enable existing facilities to provide service for additional customers without further expenditures for expansion. E. Public Involvement: The City of Huntsville Council meets on Tuesdays at 5:30 p.m. A meeting agenda is posted in accordance with State law, listing items to be acted upon by the Council. Meetings are open to the public, and the public is given an opportunity to speak and voice their views and opinions. Council meetings are attended by representatives of local newspapers and radio stations. The news media sources provide excellent distribution of events and subjects. SECTION II - LONG TERM WATER CONSERVATION PLAN A. 1. Education and Information: The City of Huntsville will inform its customers of various recommended methods to reduce water consumption. Most water used in the City is used by residential customers. Therefore, the City will target educational information for the residential user. a. The first year program will consist of eight activities: 1) The City will develop and distribute a fact sheet explaining the Water 7 Conservation Plan. 2) The City will provide a news release for the local newspaper, correlated with the fact sheet distribution. 3) The City's Customer Service Division will provide each new water customer with "Homeowner's Guide to Water Use and Water Conservation ". 4) The City will produce a news release advising water customers that "Homeowners Guide" will be available at City Hall. 5) The City's Customer Service Division will mail out the brochure, "Water ... Half -A- Hundred Ways to Save It ". 6) The City will produce a news release elaborating on the brochure item. 7) The City's Customer Service Division will mail out either; "How to Save Water Outside the Home ", or "How to Save Water Inside the Home ", to water customers. 8) The City will produce a news release highlighting methods for saving water. b. The long -term program will consist of four annual activities: 1) The City's Customer Service Division will annually mail out a brochure emphasizing new or innovative means for conserving water. 2) The City will produce news releases targeting one particular household water using utility or item (dishwasher, shower, toilet, laundry) and methods for conserving water. 3) The City's Customer Service Division will mail out a brochure relating to outside household use, car washing, lawn watering, and time of day, correlated to weather predictions. 4) The City will produce a news release correlated to brochure mail out. c. The City will continue distribution of "Homeowners Guide" to new customers. The City will use resource materials available from the Water Development Board and other agencies or organizations. 2. Plumbing Codes: The City has previously adopted building codes which require use of water conservation technologies. 8 3. Water Conservation Retrofit Program: The City of Huntsville will encourage customers to utilize low demand fixtures and appliances through proposed educational sources described in this Plan. The City will advise customers of low water demand items, shower heads, toilet dams and other similar fixtures by mail outs and news releases which emphasize the importance of water saving devices. The City will advise local plumbing suppliers of the water saving drive. Suppliers will be requested to stock low water use fixtures. 4. Conservation Oriented Water Rate Structure: The City Council will consider a Conservation Water Rate Structure. 5. Universal Metering and Meter Repair and Replacement: The City will annually test all large meters. The City will test or replace all small meters during a period not to exceed ten (10) years. Annual testing of large meters, testing, maintaining, and replacement of inoperative meters will enable water consumption to be tracked, thus providing a more efficient conservation plan. 6. Water Conservation Landscaping: The City will encourage distribution of educational material regarding low water use landscaping. Builders, developers, and local nurseries will be provided with information about low water demand landscaping. 7. Water Audits and Leak Detection: The City of Huntsville will implement a program to monitor monthly water consumption. The City is aware that assistance in leak detecting surveys can be obtained from the Texas Water Development Board staff. The Agency has portable leak detection equipment available for loan to municipalities and can provide personnel for demonstration of equipment and assist in planning survey programs. Aggressive enforcement of current detection program will enable City staff to determine the need for seeking further assistance from use of electronic equipment. The City's current detection program consists of: a. leaks reported by citizens; b. leak detection by meter readers; c. continual servicing of production, pumping and storage facilities; and d. quick response by maintenance to reported problems. 9 8. Recycling and Reuse: Area industrial customers will be contacted to determine if reuse and recycling is being employed. Wastewater reuse, at this time, is not possible. The location of two wastewater treatment plants with relation to industrial users is not conducive to reuse. The City is not located in an arid area. 9. Means of Implementation and Enforcement: The City Council, through its City Manager and staff, will implement this Plan. Enforcement will be provided by: a. refusing to provide service to customers who do not meet requirements for Water Conservation fixtures; b. discontinuing utility service for nonpayment of bills; and c. analyzing and adjusting water rates to eliminate conservation plan abuse. 10. Contracts with other Political Subdivisions: Any political subdivision and/or wholesale customer contracting for water from the City of Huntsville 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 Huntsville's Water Conservation and Drought Contingency Plan. B. Annual Reporting: The City through adoption of this Plan, commits to report to the Executive Director of the Texas Water Development Board annually, within sixty days after the anniversary date of loan closing. The report to the Director will contain information describing: 1. progress in conservation plan implementation; 2. public response to plan implementation and operation; 3. quantitative effectiveness with reference to: a) system -wide reduction in water use, if any, and b) reduction in customer or per capita water use, if any; 4. list of public information released during the year. 10 SECTION III - DROUGHT CONTINGENCY PLAN A. Threshold Condition: The Texas Water Development Board suggests three (3) levels or conditions for determining degree of urgency for initiation of a drought contingency plan in the City of Huntsville system: 1. Mild drought occurs when: a. average daily water consumption reaches 85% of production capacity for a period of three consecutive days; and b. weather conditions are to be considered in drought classification determination. 2. Moderate drought conditions are reached when: a. average daily water consumption reaches 90% of rated production capacity for any three day period; and b. weather conditions indicate mild drought will exist five (5) days or more; and c. one ground storage tank or one clear well is taken out of service during mild drought period; and d. storage capacity (water level) is not being maintained during period of 100% rated production period; or e. existence of any one listed condition for a duration of 36 hours. 3. Severe drought classification is reached when: a. average daily water consumption will not enable storage levels to be maintained; or b. water system demand exceeds available high service pump capacity; or c. water system is contaminated either accidentally or intentionally -- severe condition is reached immediately upon detection; or d. water system fails - from acts of God (tornadoes, hurricanes) or man -- severe condition is reached immediately upon detection. B. Drought Contingency Measures: The following actions shall be taken by the City when trigger conditions are reached. 11 Mild Conditions: Step 1 measures related to mild drought conditions include: a. advise the public through news releases of the mild drought conditions and publicize methods to voluntarily reduce water use; b. encourage voluntary reduction of water use; c. contact commercial and industrial users and explain necessity for initiation of water conservation methods. 2. Moderate Drought Conditions: Additionally, in moderate drought conditions, the City will: a. prohibit washing house windows, sidings, eaves and roof with hose, without the use of a bucket; washing driveways, streets, curbs and gutters, washing vehicles without cutoff valve and bucket, and unattended sprinkling of landscape shrubs and grass; draining and filling swimming pools and flushing water system; b. other outdoor residential use of water will be permitted on alternate days -- even number house on even days of the month and odd number house on odd number days and at designated hours of the day (outdoor residential use consists of washing vehicles, boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers, outside showers [in parks] and water slides). c. commercial and industrial users will be visited to insure volunteered conservation has been initiated. 3. Severe Drought Conditions: Additionally, in severe drought conditions the City will: a. prohibit all vehicle washing, window washing, outside watering (lawn, shrubs, faucet dripping, garden, etc.); b. prohibit all public water uses which are not essential for health, safety and sanitary purposes including street washing, fire hydrant flushing, filling pools, athletic fields and golf courses and dust control sprinkling; c. require permits for businesses using water as a basic function of the business, such as nurseries, commercial car wash, laundromats, and high pressure water cleaning; 12 d. terminate water service in accordance to the following sequence: 1) Recreational 4) Industrial 2) Residential 5) Schools 3) Commercial 6) Hospital C. Information and Education: The public will be made aware of conservation and drought conditions by information and data transfer through daily news releases to the local newspapers and radio stations. Close observation of the first 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. D. Implementation/Enforcement: It will be the responsibility of the City's Director of Public Works to monitor the status of the City's water supply and distribution system. When drought conditions occur, the Director shall notify the City's City Manager and the chief executive of each public entity receiving water from the City. The Director will continue to monitor and advise the City Manager and other chief executives of the drought conditions status. 13 Ordinance No. 91 -16 Adopting the standard Plumbing codes (latest update) ORDINANCE NO. 91- 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING UPDATED EDITIONS OF THE STANDARD FIRE PREVENTION CODE, NATIONAL ELECTRICAL CODE, STANDARD BUILDING CODE, STANDARD MECHANICAL CODE, STANDARD PLUMBING CODE, AND STANDARD GAS CODE; INCREASING THE FINE FOR VIOLATION OF SUCH CODES FROM $200 TO $500 PER DAY FOR EACH VIOLATION; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS the City's Board of Adjustments and Appeals has reviewed the new standard construction codes and recommends that the City Council of the City of Huntsville adopt updated editions of codes currently in use; and WHEREAS after reviewing the changes in construction that will be permitted by the adoption of the updated editions, Council finds that the new codes will promote maximum flexibility in building design and construction while assuring a high degree of life safety and consumer protection; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Section 6 -1, Codes adopted by reference, of Chapter 6, of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 6 -1. Codes adopted by reference. (a) The book entitled "Standard Building Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the building code of the City as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the City. (b) The book entitled "Standard Housing Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the housing code of the City as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for occupancy of buildings. 14 (c) The book entitled "Standard Swimming Pool Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the swimming pool code of the City as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of swimming pools. (d) The book entitled "Standard Mechanical Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the mechanical code of the City as fully as copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of mechanical systems. (e) The book entitled "Standard Plumbing Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the plumbing code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for plumbing work in the City. (f) The book entitled "Standard Gas Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is adopted as the gas code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction, installation, repair or alteration of gas piping systems and gas appliances. SECTION 2: Section 6 -2, Amendments to codes adopted by reference, is amended in part, by changing paragraph (A) as follows: Section 6 -2. Amendments to codes adopted by reference. (A) STANDARD BUILDING CODE (1) Section 101.3.3.1 is hereby added as follows: 15 (2) (3) (4) Section 101.3.3.1. The following appendices are intended for enforcement and are made a part of this code and the City's adopting ordinance for all intents and purposes: Appendix A Appendix C Appendix D Appendix E Appendix G - Appendix J Appendix K - - Weights of Building Materials - One and Two Family Dwellings - Standards for Demolition - Energy Conservation Adobe Construction - Hurricane Construction Recommended Guide for Sound Insulation in Multifamily dwellings Section 101.4. Delete Section 101.4 Building Department. Section 101.4.6 and 101.4.7. Delete Sections 101.4.6 and 101.4.7. Section 101.6 is hereby amended to read: 101.6 - Special Historic Buildings. The provisions of the Standard Building Code (other than Chapter 1) relating to the alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified as Recorded Texas Historic Landmarks, National Historic Landmarks, or buildings entered into the National Register of Historic Places, or qualified as such by the building official. It is further provided, however, that: (1) Such buildings or structures are judged by the City building official to be safe; (2) The owner submits complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect; and (3) The owner complies with the requirements of Article II of Chapter 6 of the Code of Ordinances of the City of Huntsville, Texas. (5) Section 102.5 is amended to read: 102.5 - Unsafe Buildings. All buildings or structures which are unsafe, insanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition, in accordance with the provisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville, Texas. 16 (6) Section 103.1 is hereby amended to read: 103.1 - Application for Permit. 103.1.1. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect or construct a sign of any description, or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to alter, move or change the access to or from any public street from a driveway, including repair, removal or installation of curbs or culverts, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit therefor. 103.1.2. A general permit shall carry with it the right to install in any building or structure, or part thereof, elevators, sidewalk elevators, vaults, chutes, coal holes, lifts ,cranes, derricks, steam power boilers, steam, oil, gas or vapor engines, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit; but where these are not shown on the drawings and covered by the specifications submitted with said application, special permits shall be required. 103.1.3. Ordinary minor repairs may be made with the approval of the building official without a permit; provided, that such repairs shall not violate any of the provisions of this code. 103.1.4. Each application for a permit, with the required fee, shall be filed with the building official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location. The application shall be signed by the owner, or his authorized agent. The application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the building official. 103.1.5. An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than ninety (90) days each may be allowed by the building official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. 103.1.6. Permits shall be issued only to the following: (1) Any architect or engineer licensed by the State of Texas or a contractor registered by the City; 17 (7) (2) Any property owner, for work to be done by him on a building occupied by him as his home. Section 1.03.2 is hereby amended in part to read: 103.2.5. The building official shall require drawings showing the location of the proposed building or structure and of every existing building or structure on the site or lot to be approved by the City Engineer prior to the filing with the building official. Said drawings shall show the location of all existing easements, storm sewers, natural drains, water lines, sewer lines, location of water and sewer connections. The building official may also require a boundary line survey, prepared by a qualified surveyor. 103.2.7. No building permits shall be issued unless adequate water and sewer service is available to the property or suitable arrangements have been made for obtaining water and sewer service to the building site. The City Engineer shall certify on said drawing when same is submitted to the building official that the requirements of this paragraph have been made; otherwise, said permit shall not be issued by the building official. 103.2.8. Plat diagram. No building permit shall be issued unless adequate information is furnished showing the proposed vertical elevation of the finished floor of the structure in respect to the street and lot corners and proof that the building is not subject to flooding by storm water. The City Engineer may require additional engineering data, prepared by a registered professional engineer, indicating the calculated twenty-five year high water elevation of creeks or drainage channels when the building is proposed to be placed near the floodplain of the channel. Finished floor elevations of proposed buildings near the floodplain of a creek or drainage channel shall be a minimum of two (2) feet vertically above the calculated twenty-five year high water elevation. No permit shall be issued for buildings or improvements that propose to block the flow of water in creeks or drainage channels or may cause flooding of adjacent property. (8) Section 103.4 is amended by adding sentences that shall read: 103.4.5. No person, firm or corporation shall commence work on any project for which a building permit is required under the provisions of Section 103.1 of this code until such time as a building permit has been issued by the building official. The City of Huntsville may enjoin or restrain in a court of competent jurisdiction any construction or work, or continuing construction or work, on any project commenced prior to the issuance of such building permit. 18 (9) Section 103.5 is amended to read: 103.5 - Contractor's Registration Required. (a) It shall be the duty of every contractor or builder who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting the same, or any part thereof, to register with the City. (b) No fee is required for registration under this section. (c) No contractor's bond shall be required under the provisions of this section. (10) Section 103.7.4 is amended to read: 103.7.4 - Schedule of Permit Fees. (a) Permit fees. 1. Where the valuation does not exceed $100.00, no fee shall be required, unless an inspection is necessary, in which case there shall be a $10.00 fee for each inspection. 2. For a valuation over $101.00 up to and including $2,000.00, the fee shall be $10.00. 3 For a valuation over $2,000.00 up to and including $15,000.00, the fee shall be $10.00 for the first $2,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $15,000.00. 4. For a valuation over $15,001.00 up to and including $50,000.00, the fee shall be $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00. For a valuation over $50,001.00 up to and including $100,000.00, the fee shall be $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000.00. 6. For a valuation over $100,001.00 up to and including $500,000.00, the fee shall be $236.50 for the first $100,000.00, plus $1.25 for each additional thousand or fraction thereof, to and including $500,000.00. 7. For a valuation over $501,000.00, the fee shall be $736.50 for the first $500,000.00, plus $0.75 for each additional thousand or fraction thereof, to and including $500,000.00. 19 (b) Moving of building or structures. For the moving of any building or structure, the fee shall be one hundred dollars ($100.00). (c) Demolition of building or structures. For the demolition of any building or structure, the fee shall be ten dollars ($10.00). (d) For each inspection requested and made which requires a reinspection, a fee of thirty dollars ($30.00) shall be charged for each reinspection made. Section 105.2.3 is amended by the addition of a new paragraph that shall read: 105.2.3 - Notice to Affected Property Owners The building official shall notify all affected property owners who own property within one hundred (100) feet of the site of a proposed variance, of the meeting on the variance, by sending postage prepaid a copy of the agenda and variance request. The building official shall determine the name and address of such affected persons by reference to the City tax records. (12) Section 105.4 Board Members and Procedures is amended to read: 105.4.1 - Makeup of the Board. There is hereby established a board to be called the board of appeals, which shall consist of five (5) members. Such board shall be composed of three (3) persons with technical background in building design or construction or experience in the building trades industry, and two (2) other citizens. The Mayor (chief appointing authority) shall appoint board members with the approval of the City Council. 105.4.2 - Term of Office. Each member shall be appointed to a two -year term of office; with three (3) members appointed effective January 1, odd - numbered years, and two (2) members appointed effective January 1, even - numbered years. 105.4.3 - Quorum. Three (3) members of the board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than three (3) affirmative votes, shall be required. A board member shall not act in a case in which he has a personal interest. (13) Section 106. Delete Section 106. 20 (14) Section 107 is amended as follows: After the word misdemeanor in the first sentence of said section, a comma should be inserted and the language added and the punishment therefor shall be as provided in the Code of Ordinances of the City of Huntsville, Texas." The remainder of said section remains unchanged. (15) Section 202 Definitions is amended to read: Applicable governing body: The City of Huntsville. (16) Section 3001.2.1 is amended to read: Section 3001.2.1. For the purpose of this code, the fire district is established as follows: Beginning at the intersection of the east line of Avenue N and the south line of 10th Street; Thence easterly along said south line of 10th Street to the west line of Avenue J; Thence southerly along said west line of Avenue J to the north line of 13th Street; Thence westerly along said north line of 13th Street to the east line of Avenue M; Thence northerly along east line of Avenue M to the point of beginning. (17) Figure 1203.6 is amended by adding: City of Huntsville 5 lbs /sq. ft. (18) Figure 1205 is amended by adding: City of Huntsville 75 m.p.h. (19) Figure 1207 is amended by adding: City of Huntsville is in Zone 1. (20) Section 1703.1.5 is amended to read: Soil or compacted fill directly below concrete slab will be treated with chlordane solution in either a distillate or water base, applied at the rate of one gallon for every ten (10 ) square feet. This includes beam bottoms as well as the area below the slab. No compliance with this section is required if the building to be constructed is not frame construction. 21 (21) Section 2002.1 is amended to read: 2002.1 - Toilet Facilities. Every building and each subdivision thereof where both sexes are employed shall be provided with access to at least two (2) toilets located either in such building or conveniently in a building adjacent thereto on the same property; provided, however, that only one toilet is required if there are no more than five (5) employees on any shift. (22) Chapter 23. Delete Chapter XXIII, Signs and Outdoor Displays. SECTION 3: Section 6 -2, Amendments to Codes adopted by reference, is amended in part by changing sub paragraph (E)(1) as follows: (E) MECHANICAL CODE. (1) Section 101.3.3.1. Add Section 101.3.3.1 which shall read: The following appendices are intended for enforcement and are made a part of this code and the City's adopting ordinance for all intents and purposes: Appendix A - Guidelines for Estimating Heat Loss and Gain; and Appendix B - Schedule of Permit Fees. SECTION 4: Section 6 -2, Amendments to Codes adopted by reference, is amended in part by changing subparagraph (F)(1), (4), (11), (12), and (13) as follows: (F) STANDARD PLUMBING CODE. (1) Section 101.3.3 is amended to read: The appendices included in the Code are intended for enforcement and are made a part of this code and the City's adopting ordinance for all intents and purposes: Appendix A Appendix B - Appendix C Appendix D Appendix F Appendix G Appendix J Appendix K - Roof Drain Sizing Method Travel Trailer and Travel Trailer Parks - Manufactured Homes and Manufactured Home Parks - Cross Connection, Backflow and Backsiphonage - Sizing of Water Piping System - Hospital Plumbing System - Water Conservation - Illustrations (4) Section 102.5 is amended to read: 22 102.5 - Unsafe Installations. All plumbing installation regardless of type, which ar unsafe or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville. (11) Section 101.4 is deleted. (12) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions: The word or term "plumbing" as used in "the plumbing license law" means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids, and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb: all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; (2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Home owner: Plumbing work done by a property owner in a building owned and occupied by him as his homestead. (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, 23 installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation if its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal, and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connecting appliances to existing piping installations; water treatment installations, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. Plumbing work done by a licensed irrigator or licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. Plumbing work done by an LP gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. Any water treatment dealer or his employee when certified in accordance with section 3A of the "plumbing license law ". (13) Section 103.7.4 is deleted. SECTION 5: Section 6 -2, Amendments to Codes adopted by reference, is amended in part by changing subparagraphs (G)(1), (4), (9), (10), and (11) as follows: (G) GAS CODE. (1) Section 101.3.3 is amended to read: The appendices included in this code are intended for enforcement and are made a part of this code and the City's adopting ordinance for all intents and purposes: Appendix A - Flow of Gas through Fixed Orifices Appendix D - Example Problems 24 (4) Section 102.5 is amended to read: 102.5 - Unsafe Gas System All gas systems, regardless of type, which are unsafe or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of Chapter 6, Article III of the Code of Ordinances of the City of Huntsville. (9) Section 101.4 is deleted. (10) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions. The word or term "plumbing" as used in the plumbing license law means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb; all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (2) (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Plumbing work done by a property owner in a building owned and occupied by him as his homestead. 25 (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation of its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connection with appliances to existing piping installations; water treatment installation, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. (3) Plumbing work done by a licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. (4) Plumbing work done by an LP Gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. (5) Any water treatment dealer or his employee when certified in accordance with Section 3A of the "Plumbing License Law ". (11) Section 103.7.4 is deleted. SECTION 6: Sub - section 7 -6(a) of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 7 -6. Installation standards. (a) In every case where no specific type or class of material, or no specific standard of construction is prescribed by the statutes of the State of Texas, installation shall be made in conformity to the standards provided by the National Electrical Code, 1990 Edition (a copy of which is authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office). 26 SECTION 7: Section 8 -1, Fire Prevention Code - Adopted, of the Code of Ordinances of the City of Huntsville, Texas, is amended as follows: The book entitled, "Standard Fire Prevention Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the fire prevention code of the City as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the storage, use or handling of hazardous materials, substances or devices, and in the repair, equipment, use, occupancy, and maintenance of every existing building or structure within the City. (Ord. of 10 -3 -61, § 1; Ord. No. 76 -2, § 1, 1- 13 -76; Ord. No. 86 -21, § 1, 7- 15 -86) SECTION 8: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to One thousand dollars ($1,000.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non - compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 9: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 10: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 11: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This Ordinance shall take effect ten days after the date of final passage. PASSED AND APPROVED this __ day of August, 1991. 27 THE CITY OF HUNTSVILLE W. H. Hodges, Mayor ATTEST: I� th - i aw, ity Secretary APPROV 1 AS TO FORM: s, City Attorney 27A Ordinance No. 80-23 Water Ritionin8 (latest rationing) AMENDED (Sec. 3) ORDINANCE NO. 80 -23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROHIBITING THE USE OF CITY WATER FOR OUTDOOR USES EXCEPT FROM 6:00 A.M. to 9:00 A.M. ON DESIGNATED ODD OR EVEN DAYS; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATIONS; DEFINING CERTAIN USES OF WATER AS A PUBLIC NUISANCE; PRESCRIB- ING A PENALTY OF $200 FOR THE VIOLATION; DECLARING AN EMERGENCY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS, the City of Huntsville has experienced a period of prolonged dry and hot weather; and WHEREAS, a major water well in the City water system has been in a state of disrepair; and WHEREAS, water reserves in the City are at dangerously low levels; and WHEREAS, it is imperative to the public well being that certain uses of water be restricted: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: (a) It shall be unlawful for any person to use or withdraw water from the City water supply system for any outdoor use except from 6:00 A.M. to 9:00 A.M. (b) It shall be unlawful for any person that lives at an odd numbered street address (or odd numbered box number if no address) to use or withdraw water from the City water supply system for any outdoor use on an even numbered day. (c) It shall be unlawful for any person that lives at an even numbered street address (or even numbered box number if no address) to use or withdraw water from the City water supply system for any outdoor use on an odd numbered day. (d) Sam Houston State University shall withdraw water for outdoor use on even days; Texas Department of Corrections shall withdraw water for outdoor use on odd days. Section 2: Outdoor use shall include, but not be limited to, the commercial, institutional or residential use of water for sprinkling, watering or irrigating of flowers, lawns, plants, shrubbery, trees or vines. Section 3: It shall be a defense to prosecution that the person was washing a car or motor vehicle at a commercial car wash. 28 Section 4: The Mayor, or in his absence Mayor Pro tem, shall have the authority to enforce the provisions of this ordinance by the discontinuance of water service. The water service of any water user may be discontinued for use of water in violation of the terms of this ordinance, provided, however, that the user was given written notice that such use was improper. Section 5: The use of water in violation of the terms of this ordinance is hereby declared to be a public nuisance. Section 6: This ordinance shall be in force and effect until amended or re- pealed by the Mayor or Council of the City of Huntsville, Texas. Section 7: Any person who violates this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred and No/100 ($200.00) Dollars. Each day such violation shall continue or be permitted shall be considered a separate offense. Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such re- peal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 9: If any provision or part of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their applica- tion to other persons or sets of circumstances and to the end all provi- sions of this ordinance are declared to be severable. Section 10: The fact that the water supply of the City is at a critically low level and the further fact that adequate water levels must be main- tained for the health, safety, and welfare of the citizens of the City and all users of the City water system, creates a public necessity and an emergency, and this ordinance shall take effect immediately upon its publication. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ON THIS THE 17TH DAY OF JULY, A.D. 1980. TES . E. LARRY DI19l, Mayor Pro tem ROleT W. SMITH, De uty City Secretary APPROVED: .■c"\1 SCOTT BOUNDS, City Attorney 29