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ORD 1999-21 - Conservation - Drought Plan 08-31-1999ORDINANCE NO. 99-21 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A WATER CONSERVATION PLAN AND A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR VIOLATION OF THE PLANS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Huntsville, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and WHEREAS, Section 12.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare water conservation and drought contingency plans; and WHEREAS, as authorized under law, and in the best interests of the citizens of Huntsville, Texas, the City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during the drought and other water supply emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: That the City of Huntsville, Texas Drought Contingency Plan attached hereto as Exhibit "A" and made a part hereof for all purposes and the City of Huntsville Water Conservation Plan attached hereto as Exhibit `B" and made a part hereof for all purposes be, and the same are hereby, adopted as the official policies of the City. SECTION 2: Any person, corporation, partnership, association or other entity violating any drought contingency measure or water conservation measure implemented by the City of Huntsville pursuant to the City of Huntsville, Texas Drought Contingency Plan or the City of Huntsville Water Conservation Plan shall be subject to the general penalty provisions set out in Section 2.01.08 of the Code of Ordinances of the City of Huntsville, Texas, and a separate offense shall be deemed committed upon each and every day that any drought contingency measure is violated. SECTION 3: All ordinances that are in conflict with the provisions of this Ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION S: This Ordinance shall become effective from and after the date of its passage. PASSED AND APPROVED THIS 31ST DAY OF AUGUST, 1999. WILLIAM B. GREEN, MAYOR A T Danna Welter, City Secretary APPROVED AS TO FORM: Paul C. Isham, City Attorney CITY r� HUNTSVILLE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN 0 TABLE OF CONTENTS Ordinance Adopting City of Huntsville Water Conservation and Drought Contingency Plan ............................. 2 -3 Water Conservation Plan ....... ............................... 4 -11 Drought Contingency Plan .... ............................... 12 -15 Ordinance No. 80 -23, Water Rationing (latest rationing) ............ 16 -17 -1- 96,- ordinance Adopting pity of HUKtSVI'IIe water conservation and Drought contiftsency plan M, water conservation plan :; SECTION I - INTRODUCTION Texas Water Code Section 12.1272 requires a Water Conservation Plan and Drought Contingency Plan by retail public water suppliers. 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 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, safety and minimize the adverse impacts of water supply shortages or other water supply emergency conditions. 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: The planning area consists of the City of Huntsville and its extraterritorial jurisdiction which contains 112.8 square miles. Huntsville is the county seat of Walker County and has a population of 34,592.This area is located within the Region H water planning area, and the City of Huntsville has provided a copy of this plan to the Region H planning Group. 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 Profile Data: 4. 5. Population of service area 34,592 (Number) Area of service area 31.04 (sq. mi.) Number and type of equivalent 5/8" meter connections in service area 7,001 (res.) 3,105 (comm.) Net rate of new connections per year (new connections less disconnects) 65 (res.) 11 (comm.) Water use information: a) Water production for 1998 2,528,178,000 (gal. /yr.) b) Average water production for last two years 2,410,644,000 (gal. /yr.) C) Average monthly water production for last two years 200,887,000 (gal. /mo.) MEN 91 d) Estimated monthly sales: 1998 TOTAL 1000 GAL. January 161,022 February 146,875 March 152,466 April 168,647 May 178,200 June 220,023 July 260,715 August 242,651 September 203,264 October 187,127 November 161,103 December 173,554 TOTAL 2,255,647 AVERAGE 187,970 e) Average daily water use (res. /comet. /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) Wastewater information: a) Percent of your potable water customers sewered by your wastewater treatment system b) Percent of potable water customers who have septic tanks or other privately operated sewage disposal systems C) Percent of potable water customers sewered by another wastewater treatment utility d) Percent of total potable water sales to the three categories described in 6(a), 6(b), and 6(c) above. 6,436,290 gallons 10,447,000 gallons 1.62 9.9% 94% 5% 1% 1) Percent to total sales to customers you serve 78% 2) Percent of total sales to customers who are on septic tanks or private disposal systems 5% 3) Percent of total sales to customers who are on other wastewater treatment systems 17% e) Average daily volume of wastewater treated 3.82 mill. gallons f) Peak daily wastewater volume 8.9 mill. gallons g) Estimated percent of wastewater flows to your treatment plant that originate from the following categories: 7.96 Residential 45% Industrial and Manufacturing 0% Commercial/Institutional 50% Storm Water 5% Other 0% 7. Safe annual yield of water supply 4.96 billion gallons 8. Peak daily design capacity of water system 14.54 million gallons 9. Major high - volume customers: Texas Department of Criminal Justice Sam Houston State University 10. Population and water use projections: YEAR POPULATION POTENTIAL DAILY AVERAGE MGD DAILY MAXIMUM MGD 1998 34,592 6.17 10.5 2000 38,051 6.78 11.0 2010 44,709 7.96 12.9 11. Percent of water supply connection in system metered 12. a) Water rate structure /existing rate structure (residential and commercial): 100 (res.) 99 (comm.) $10.65 /1st 3,000 gal. plus $1.80/1,000 gal. Sewer: The City's immediate needs are to make additions to its sewerage collection system to provide service to previously unsewered areas. Additionally, a new wastewater treatment facility will be constructed to serve the southern portion of the City and provide relief to the two existing wastewater treatment plants. b) Sewer rate structure/existing rate structure (residential): $10.65/1st 3,000 gal. plus $2.75/1,000 gal. up to 10,000 gal. max. Sewer rate structure/existing rate structure (commercial): Same rate, no maximum 13. Average annual revenues from water and wastewater rates: Water-$5,530,637/Sewer- $4,172,568 14. Average annual revenue from non-rate derived sources: 394,998 15. Average annual fixed costs of water and sewer operation: Water - $5,400,036 /Sewer- $4,742,048 16. Average annual variable costs of water and sewer operation: Water - $431,816/Sewer - $476,664 17. Average annual water or wastewater revenues for other purposes: None 18. Applicable local regulations: City of Huntsville Code of Ordinances Chapter 6, Building and Building Regulations, Chapter 17, Water and Sewers, and Chapter 30,Water and Sewers and Chapter 32,Community Development. 19. Applicable State, Federal or other regulations as a Public Water Supply, the City of Huntsville must abide by the rules ofthe following agencies: 1) Texas Natural Resource Conservation Commission 2) Environmental Protection Agency D. Needs and Goals: Sewer: The City's immediate needs are to make additions to its sewerage collection system to provide service to previously unsewered areas. Additionally, a new wastewater treatment facility will be constructed to serve the southern portion of the City and provide relief to the two existing wastewater treatment plants. Water: The City's immediate needs are to make additions /improvements to it's water distribution system, so that all areas covered by the City's water system will have an adequate and reliable source of water for now and in the future. 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 of 1 % in per capita water usage by 2004, and (2) a 25% reduction in unaccounted water by 2002. Achieving these goals will conserve water. It will also enable existing facilities to provide service for additional customers without further expenditures for expansion. The City will perform a water and sewer rate study to assure that it's rates are adequate to meet expenses and capital improvements and appropriate reserve funds. E. Public Involvement: The City of Huntsville Council meets on select Tuesdays at 5:15 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 program will consist of six activities: 1) The City will develop a fact sheet explaining the Water Conservation Plan. 2) The City's Customer Service Division will provide each new water customer with "Homeowner's Guide to Water Use and Water Conservation ". 3) The City will produce news releases advising water customers that "Homeowners Guide" will be available at City Hall. 4) The City's Customer Service Division will mail out brochures about various ways to conserve water. 5) The City will produce news releases highlighting methods for saving water. 6) The City will produce news releases targeting one particular household water using utility or item (dishwasher, shower, toilet, laundry) and methods for conserving water. b. The City will use resource materials available from the Water Development Board and other agencies or organizations, as they become available. 2. Plumbing Codes: The City has previously adopted building codes which require use of water conservation technologies. 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- oriented Water Rate Structure in FY 1999- 2000. 93 5. Universal Metering and Meter Repair and Replacement: The City will implement a meter installation program so that the water usage at all non- metered sites can be monitored in the future and these quantities can be removed from our unaccounted water list. This program will be completed in FY 2001 -2002. 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 and 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 has implemented a program to monitor monthly water consumption. 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. 8. Recycling and Reuse: 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 and 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. x6- 9� 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 Natural Resources Conservation Commission, 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. Drought C011tinjelicy plan w SECTION III - DROUGHT CONTINGENCY PLAN A. Triggering Criteria for Initiation and Termination of Drought Response Stages : The Director of Public Works or his designee shall monitor water supply and/or demand conditions for determining when conditions warrant initiation or termination of each stage of the plan. The customers of the City of Huntsville water system will be notified of the initiation or termination of various stages via the local news media, or if necessary, by door- to -door notification: 1. Stage 1 - Mild drought conditions occurs when: a. average daily water consumption reaches 85% of firm production capacity for a period of ten consecutive days; and b. weather conditions are to be considered in drought classification determination. Stage 1 -Mild drought conditions terminate when: a. average daily water consumption falls below 85% of firm production capacity for aperiod of five consecutive days; and b. weather conditions are not considered to be in drought classification determination. 2. Stage 2 - Moderate drought conditions are reached when: a. average daily water consumption reaches 90% of production capacity for any ten 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; Stage 2 - Moderate drought conditions are terminated when: a. average daily water consumption falls below 90% of production capacity for five consecutive days; and b. weather conditions indicate mild drought have ceased to exist; and C. ground storage tanks or clear wells that were taken out of service during mild drought period are restored to service; and d. storage capacity (water level) is being maintained during period of 100% rated production; 3. Stage 3 - Severe drought conditions 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. Stage 3 - Severe drought conditions is terminated when: a. average daily water consumption will enable storage levels to be maintained; or b. water system demand ceases to exceed available high service pump capacity; or C. water system is decontaminated; or d. water system is restored - after acts of God (tornadoes, hurricanes) or man. B. Drought Contingency Measures: The following actions shall be taken by the City when trigger conditions are reached. 1. Stage 1- 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. Stage 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). -;Z/- '7g [j C" Lim C. commercial and industrial users will be visited to insure volunteered conservation has been initiated. Stage 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; d. terminate water service in accordance to the following sequence: 1) Recreational 4) Industrial 2) Residential 5) Schools 3) Commercial 6) Hospital 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 or if necessary, by door -to -door notification. 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. Variances The Director of Public Works, or his designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Huntsville within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Director of Public Works, or his designee, and shall include the following: (a) Name and address of the petitioner(s). (b) Purpose of water use. (c) Specific provision(s) of the Plan from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (e) Description of the relief requested. (f) Period of time for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information. Variance granted by the City of Huntsville shall be subject to the following conditions, unless waived or modified by the Director of Public Works or his designee: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring to the issuance of the variance. �' /DU Ordinance No. 80 -23 Water Rationing (latest rationing) /0/ 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. f (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. 1. 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 Huntsvi.11e,,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. ES E. L TRY DIE , Mayor Pro tem . i ROBERT W. SMITH, Deputy City Secretary APPROVED: SCOTT BOUNDS, City Attorney