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HomeMy WebLinkAboutORD 1895 Adopting Water Conservation PlanCity of West University Place Harris County, Texas Ordinance Number 1895 AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FINDING AND DETERMINING THAT THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A", HAS BEEN PREPARED IN ACCORDANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, STANDARDS AND GUIDELINES PROMULGATED BY APPROPRIATE AUTHORITY, AND FURTHER, THAT SUCH PLAN IS ADEQUATE TO PROVIDE AN EFFECTIVE MEANS FOR WATER CONSERVATION AND DROUGHT CONTINGENCY WITHIN THE CITY LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, ADOPTING THE SAME AS THE OFFICIAL WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ESTABLISHING PENALTIES AND REQUIRING ADHERENCE TO ALL REQUIREMENTS, CONDITIONS AND PROCEDURES SPECIFIED THEREBY. WHEREAS, heretofore previously, the City of West University Place, Texas, has undertaken such studies and surveys as were necessary to determine appropriate facts upon which to base and develop a Water Conservation and Drought Contingency Plan for the City of West University Place, Texas; and WHEREAS, as a result of such preliminary work, a Water Conservation and Drought Contingency Plan has been prepared, which fairly represents a sound policy for the City and which should be adopted as the Water Conservation and Drought Contingency Plan of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: Section 1. The City Council of the City of West University Place, Texas hereby finds and determines that the Water Conservation and Drought Contingency Plan, a copy of which is attached hereto and marked Exhibit "A", has been prepared in accordance with all applicable laws, rules, regulations, standards and guidelines promulgated by appropriate authority. Section 2. The City Council of the City of West University Place, Texas further finds and determines that the said Water Conservation and Drought Contingency Plan is adequate to provide an effective means for water conservation and drought management within the city limits of the City of West University Place, Texas. Section 3. The Water Conservation and Drought Contingency Plan, a copy of which is attached hereto and marked Exhibit "A", is hereby adopted as the official Water Conservation and Drought Contingency Plan for the City of West University Place, Texas. Section 4. All of the requirements, conditions and procedures specified in the attached Water Conservation and Drought Contingency Plan for the City of West University Place, Texas shall be adhered to by all persons affected thereby, including but not limited to all residents, citizens and inhabitants of the City of West University Place. Section 5. Any person, firm, partnership, association, corporation, company, or organization of any kind who or which intentionally, knowingly, recklessly, or with criminal negligence violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $500 per day. Each day during which such violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or premises and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense, and upon conviction thereof, shall be punished as above provided. Section 6. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of West University Place, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 7. Any previously adopted Water Conservation and Drought Contingency Plan and all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 8. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 9. This Ordinance takes effect immediately upon its passage and adoption on second reading and the City Secretary is hereby authorized and directed to give notice of same by publication as required by law. 2 PASSED, APPROVED AND ADOPTED ON FIRST READING on the 13th day of April 2009. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Kelly, Fry, Cohen, and Guffey None None PASSED, APPROVED AND AD PTED ON SECOND READING, AND SIGNED, on the day of 4k 2009. Councilmembers Voting Aye: Councilmembers Voting No: eF ,~ESr ~p~~F uncilme ers Absent: City Secretary (Seal) i NPR Signed: 4y eQ Mayor Recommended: City hXanager Approved as to legal form -~2 City A orney 3 WATER CONSERVATION and DROUGHT CONTINGENCY PLAN for THE CITY OF WEST UNIVERSITY PLACE TEXAS March, 2009 Prepared by: I-MICIAUNCH & MILLER Engineering Consnttants HDRIClaunch & Miller Engineering Consultants 4635 SW Freeway, Suite 1000 Houston, Texas 77027 TABLE OF CONTENTS TITLE PAGE TABLE OF CONTENTS 2 INTRODUCTION 3 UTILITY PROFILE 5 CUSTOMER DATA 5 ACTIVE CONNECTIONS 5 HIGH VOLUME CUSTOMERS 6 WATER USE DATA FOR SERVICE AREA 6 WATER SUPPLY SYSTEM 8 WASTEWATER UTILITY SYSTEM 9 WATER CONSERVATION PLAN 10 INTRODUCTION 10 CONSERVATION GOALS 10 PUBLIC INVOLVEMENT 11 WATER CONSERVATION METHODS 12 DEMAND MANAGEMENT METHODS 12 SUPPLY MANAGEMENT METHODS 14 IMPLEMENTATION/ENFORCEMENT 16 IMPLEMENTATION 16 ENFORCEMENT 16 ORDINANCE 17 DROUGHT CONTINGENCY PLAN 19 APPENDIX A - WATER CONSERVATION AND DROUGHT 26 MANAGEMENT INFORMATION SOURCES APPENDIX B - WATER CONSERVATION TIPS 27 Page 2 INTRODUCTION In response to recent problems with drought across the State, the 75th legislature has passed Senate Bill 1 (SB 1). This legislation requires Regional Water Planning Groups to develop water plans to be incorporated into a State Water Plan. The goal is to provide for the orderly development, management, and conservation of water resources and preparation for and response to drought conditions, in order that sufficient water will be available at a reasonable cost to ensure public health, safety, and welfare: further economic development: and protect the agricultural and natural resources of the entire state." As part of the Regional and State Water Plans, all communities are required to develop Water Conservation and Drought Contingency Plans. This coordinated effort by all communities across Texas will ensure success in achieving the goals set by SB1. In February of 1995 the City of West University Place prepared a Water Conservation and Drought Contingency Plan. At that time West University Place was impacted by House Bill 2 through its obligation to switch to surface water. The switch to surface water was a requirement of the Harris - Galveston Subsidence District. By following through with this requirement, the City of West University Place acquired its surface water from the City of Houston through a water supply contract. This contract contained provisions for development of a Water Conservation Plan to be submitted to the City of Houston at the time the city purchased water. The Subsidence District mandated that the City of West University Place use only 20% of its potable water from deep wells and purchase the remaining 80% from a surface water source. The City of West University Place has prepared this updated Water Conservation and Drought Contingency Plan documenting the data collected over the last five years. The City of West University Place's water production and distribution and wastewater collection systems are owned by the City of West University Place. Wastewater is collected and treated by the City of West University Place. Under policy direction of the City Council, the City Manager has the managing control and operation of the City's water and wastewater facilities. The City Council must approve final budgets and rates. The system serves an area of approximately two square miles. All residential and commercial sites use the City water and wastewater systems. The previous Plan dated 2005 recorded an annual average water consumption of 775 million gallons which equated to a user consumption of 157 gallons per capita per day. In 2007 the per capita usage was 144 gallons per day, showing an 8.2% reduction in two years. Page 3 Through conservation and to protect the City from the adverse effects of drought, it is the goal of the City to enact a Water Conservation and Drought Contingency Plan to achieve an average water consumption use of 135 gallons per capita per day for the five years beginning in the year 2009 and an average water consumption use of 130 gallons per capita per day for the ten years beginning in the year 2009. In addition the City of West University Place has set a goal to achieve a water loss of 9 gallons per capita (or less) for the five years beginning in the year 2009 and 8 gallons per capita (or less) for the ten years beginning in the year 2009. - Page 4 UTILITY PROFILE CUSTOMER DATA • Service Area Size - 2 square miles • Current (2008)Total Population of Service Area - 14,211 • Current (2008) Population Served by the Utility o Water-14211 o Wastewater- 14211 • Population Served by Water Utility for the Previous Five Years (Populations obtained from the Texas State Data Center, the Office of the State Demographer, and 2000 Census Data) • Projected Population to be Served by Water Utility for the Next Decades (Projected populations estimated based on the fact that the City is landlocked, is fully built out and population is not expected to increase significantly) ACTIVE CONNECTIONS • Current Number of Active Connections (All connections are metered) o Residential Single Family - 5382 o Residential Multi Family - 0 o Commercial - 84 o Industrial - 0 o Public & Institutional - 36 o Other - 427 • Total connections - 5929 Page 5 Total projected connections by 2015 - 5929 (City is built out so no increase in connections is anticipated) • New connections in the past three years - None HIGH VOLUME CUSTOMERS WATER USE DATA FOR SERVICE AREA Water Accounting Data Page 6 • Water Use for Previous Five Years (in 1000's gal) - Treated Water Only Page 7 - Amount of Water (in 1000's gal) delivered (sold) as recorded by account types • Water Loss Data • Peak to Average Daily Use Total Per Capita Use for Previous Five Years • Seasonal Water Use for Previous Five Years in gallons per capita per day Projected Water Demands • Projected Water Supply Requirements for Next Ten Years o It is anticipated that water supply requirements for the next ten years will remain constant. The City of West University Place is a landlocked city that is fully built out. Population is not expected to increase significantly and may even decrease slightly. WATER SUPPLY SYSTEM Water Supply Sources Treatment and Distribution System • Design Daily Capacity of the System - 10.94 MGD • Storage Capacity o Elevated - 0.75 MG o Ground - 2.9 MG • Water production system 0 2 - 0.5 MG Ground Storage Tanks 0 1 - 1.5 MG Ground Storage Tank 0 1 - 0.4 MG Ground Storage Tank 0 1 - 0.25 MD Elevated Storage Tank 0 1 - 0.5 MD Elevated Storage Tank - Page 8 0 2 -4000 GPM Water Supply Lines (City of Houston) 0 2 -Water Wells Total Capacity 3.5 MGD WASTEWATER UTILITY SYSTEM • Wastewater System Data o Design Capacity of Wastewater Treatment plant: 2.0 million gallons per day o The City of West University Place owns and operates one wastewater treatment plant located at 2801 N. Breaswood Drive, Houston, Texas. o Disinfection of the treated effluent is achieved by chlorination. o The effluent discharge point is located approximately 1000 feet west of Kirby Drive into Braes Bayou. o The City's current NPDES permit number is: TCEQ - TPDES 10058-001 Issued: August 25, 2008 Expires: September 1, 2012 EPA ID No. - TX0023841 o Dewatered sludge and solids are disposed by beneficial land application or in a Type 1 municipal landfill. Wastewater Data for Service Area • Percent of water service area served by wastewater utility system 100%. • Monthly volume treated for previous three years in 1000's gallons Page 9 WATER CONSERVATION PLAN INTRODUCTION The purpose of a Water Conservation Plan is to reduce the quantity required for each water using activity, insofar as is economically feasible and physically practical, through the implementation of efficient water use practices. Many communities throughout the United States have used conservation measures to successfully cope with various water and wastewater problems. Reduction in water use of as much as 25% or more has been achieved, but the normal range is from 5 to 15%. As a result of reduced water use, wastewater flows have also been reduced by 5 to 10%. Nine (9) principal water conservation methods to be considered in preparing a water conservation plan are as follows: • Education and Information • Plumbing codes for new construction • Retrofit programs • Conservation oriented water rate structures • Universal metering and meter repair and replacement • Water conserving landscaping • Leak detection and repair • Recycling and reuse • Means of implementation and enforcement CONSERVATION GOALS • 2007 per capita water use - 144 gallons per capita per day (gpcd) • Projected 5 year average per capita water use from 2009 - 135 gpcd • Projected 10 year average per capita water use from 2009 - 130 gpcd Conservation is expected to be a long term program, with a time frame of at least ten years duration. It is expected to take ten years to obtain the full benefits of applying retrofits and replacing fixtures in the community, as well as getting the community to practice water conservation techniques. Page 10 The City will encourage all new construction or substantial modification to use water saving plumbing fixtures, e.g. low flow toilets, showerheads, and faucets. Owners of existing structures will be encouraged to retrofit with water-saving devices. High consumption users will be identified and encouraged to retrofit with water-saving devices. The City will investigate and identify uses for recycled water for public and institutional irrigation. Owners of new construction or substantial modification will be encouraged to use xeriscape landscaping incorporating the seven basic principles that lead to saving water: • Planning & Design • Soil Analysis • Practical Turf Areas • Appropriate Plant Selection • Efficient Irrigation • Use of Mulches • Appropriate Maintenence Low flow designs will be encouraged for new irrigation systems. High consumption irrigation users will be identified and encouraged to modify their designs to reduce consumption. The following percentage reductions are used for estimating projected consumption: Costing and pricing (10% increase) 3% reduction Conservation practices 2% reduction Retrofits (toilets, showerheads, faucets) 2% reduction Outdoor irrigation reduction 2% reduction Fixture replacements 1 °/U reduction Total 10% reduction The basis for estimates of savings is the USEPA Water Conservation Guidelines. The City will monitor monthly the efficiency and effectiveness of the Water Conservation Plan by comparing with previous consumption patterns. The success of the Water Conservation Plan can thus be gauged, and any necessary changes made. PUBLIC INVOLVEMENT The City of west University Place holds regular Council Meetings on the second and fourth Monday of each month at 7:34 P.M. Meetings are open to the public, and citizens are free to speak on any subject during the portion of the meeting designated for this purpose. The draft Plan will be posed on the City's Internet Web Site and a press release advertising the internet posting will be made to the local news agencies. Page 11 WATER CONSERVATION METHODS Water conservation methods are typically divided into two (2) categories, Demand Management Methods and Supply Management Methods. Demand Management methods deal with water use on the downstream side of a customer's meter. Demand management provides for education or incentives to reduce water use by the consumer. This method of conservation generally results in a decrease in water revenues because less water is purchased from the City. Supply Management Methods deals with the utility's water system upstream of the customer's meter. The goal of Supply Management is to improve efficiency and reduce waste within the production, treatment, and distribution system. Supply management usually results in decreased costs to the utility as water losses in the system are reduced. DEMAND MANAGEMENT METHODS Demand Management Methods considered in the West University Place Water Conservation Plan include the following: • Public Education and Information • Plumbing Codes • Retrofit Programs • Water Rate Structure • Water Conserving Landscaping Public Education and Information The most readily available and lowest cost method of promoting water conservation is to inform water users about ways to save water inside homes and other buildings, in landscaping and lawn uses, and in recreational uses. An effective education and information program can be easily and inexpensively administered by the City of West University Place. Materials available from the Texas Water Development Fund, American Water Works Association, American Public Works Association and other similar associations can easily be made available to the City of West University Place for distribution to its customers, through hand outs, mail outs, and other sources. The City of West University Place publishes its own local newsletter which is distributed monthly. This newsletter, called the City Currents, keeps residents of West University Place informed about what is happening in West University Place city government. This publication can be used to print articles concerning water conservation. Various radio stations in Page 12 the area, together with public and cable television systems, can also be utilized for this purpose. Educational materials will be made available twice a year. The semi-annual distribution will be timed to correspond with the peak summer and winter demand periods. The initial pamphlet will explain the purpose of the Conservation Plan, and will coincide with a published article which will present various water conserving methods, including plumbing fixtures and devices available for retrofit or addition, water conserving methods in landscaping and irrigation, and good water use practices to conserve water. West University Place will develop and acquire sufficient educational materials for city-wide distribution. The materials will be made available on request by all users. The program will cover the Water Conservation Tips listed in Attachment B. The City of West University Place will put special emphasis on the need to insulate pipes to prevent freezing in cold weather, retrofitting of plumbing fixtures and devices, and landscaping conservation methods. The energy savings associated with a water conservation program will also be emphasized. Plumbing Codes Water saving plumbing codes for new construction and for replacement of plumbing in existing structures has been adopted. The standards recommended by the Texas Water Development Board represent readily available technologies and do not involve additional costs when compared with "standard" fixtures. Water conserving plumbing codes can be specifically tailored to be adopted by each individual entity, in addition to the 2006 International Plumbing Codes and 2006 International residential Codes which are currently in place. The City of West University Place will continue to work to promote the use of the Plumbing Codes for all its water users. The state-wide water conserving fixture standards will also aid in this effort. Retrofit Programs The City of West University Place will make information available through its education program for plumbers and customers to use when purchasing and installing plumbing fixtures, lawn watering equipment, or water using appliances. Information regarding retrofit devices such as low-flow shower heads or toilet dams that reduce water use by replacing or modifying existing fixtures or appliances will also be provided. Kits containing retrofit devices may be made available for distribution to customers. Page 13 Water Rate Structure A water conservation oriented rate structure usually takes the form of an increasing block rate, although continuously increasing rate structures, peak or seasonal load rates, excess use fees, and other rate forms can be used. Separate rate structures are usually used for commercial, institutional, and industrial customers. The City of West University Place will continue to support a conserving water rate structure and, when appropriate, review its rates for policy consistency. The rate is reviewed annually to insure that it still fits the standard for conservation as proposed by the TCEQ. Water Conserving Landscaping In order to reduce the demands placed on a water system by landscape watering, the City should consider methods that either encourage, by education and information, or require, by code or ordinance, water conserving landscaping by residential customers and commercial establishments engaged in the sale or installation of landscape plants or watering equipment. Although not made a specific section of the Conservation Plan, water conserving landscaping information will be made available through the Public Education and Information Section found later in this plan. SUPPLY MANAGEMENT METHODS Supply Management Methods considered in the West University Place Water Conservation Plan include the following: • Universal metering Leak Detection and Repair • Aquifer recovery Universal Metering The City of West University Place has installed and maintains Master Meters on all sources. All sales by the City of West University Place are metered. The City has a regular meter replacement program and all master meters are calibrated annually to t 3%. Any meter Page 14 registering 95% or less on a meter test is replaced. Groups of meters are spot tested. All meters and scheduled for replacement with each annual budget preparation in groups by those that have 95% or less accuracy, by age and by volume of water metered. Leak Detection and Repair A continuous leak detection, location, and repair program is an important part of our water conservation plan. An annual water accounting is performed each year by February 28". Sources of unaccounted for water are, once located, corrected when practicable and economical. Utility employees in the Public Works Departments periodically check for leaks when reading meters and when driving around the City during regular maintenance. Major leaks are usually quickly detected by either City employees or customers and are repaired within 24 hours. Porous soils in the area are generally shallow and, therefore, leaks appear at the ground surface quite readily. Leak detection technology is also available in the form of electronic sonic devices are utilized. Recycling and Reuse The City has reviewed the potenbtial for reuse and it is currently not considered economically feasible at this time. Aquifer Recovery The City of West University Place has implemented a program to generate a very positive effect on the area aquifer. At the direction of the Harris-Galveston Coastal Subsidence District the City of West University Place has entered into a contract with the City of Houston to purchase surface water. The Subsidence District has mandated that the City of West University Place use only 20% of its potable water from deep wells and purchase the remaining 80% from a surface water source, in this case the City of Houston. Such purchases began on or about March 1, 1995. Page 15 IMPLEMENTATION/ENFORCEMENT IMPLEMENTATION The City of West University Place will administer its own Water Conservation Program. In this capacity, it will oversee the execution and implementation of all elements of the program. The City will also oversee record keeping for program verification. In addition, West University Place will be responsible for the submission of an annual report to the Texas Natural Resources Conservation Commission on the Water Conservation Plan. The report will include the following elements: • Progress made in the implementation of the program • Response to the program by the public • Quantitative effectiveness of the program • Proposed administration and goals of plan for the following year The program will be initiated through adoption of the Water Conservation Plan by Ordinance by West University Place City Council. The budget for the water conservation plan should be approximately $5, 000 annually to be funded by West University Place. ENFORCEMENT Enforcement will be carried out through proper passage of appropriate Ordinances. Any violation of the mandatory provisions of the Drought Contingency Plan may result in a penalty and/or interruption of water service. The City Manager is empowered to enforce the mandatory provisions and may interrupt water service based upon repeated violations. Penalties shall be paid before water service is restored. Violations will be reported by all City personnel to the City Manager. Page 16 ORDINANCE NO. AN ORDINANCE FINDING AND DETERMINING THAT THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A", HAS BEEN PREPARED IN ACCORDANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, STANDARDS AND GUIDELINES PROMULGATED BY APPROPRIATE AUTHORITY, AND FURTHER, THAT SUCH PLAN IS ADEQUATE TO PROVIDE AN EFFECTIVE MEANS FOR WATER CONSERVATION AND DROUGHT CONTINGENCY WITHIN THE CITY LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, ADOPTING THE SAME AS THE OFFICIAL WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND REQUIRING ADHERENCE TO ALL REQUIREMENTS, CONDITIONS AND PROCEDURES SPECIFIED THEREBY. WHEREAS, heretofore previously, the City of West University Place has undertaken such studies and surveys as were necessary to determine appropriate facts upon which to base and develop a Water Conservation and Drought Contingency plan for the City of West University Place; and WHEREAS, as a result of such preliminary work, a Water Conservation and Drought Contingency plan has been prepared, which fairly represents a sound policy for the City of West University Place; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 1- That the City Council of the City of West University Place hereby finds and determines that the Water Conservation and Drought Contingency plan, a copy of which is attached hereto and marked Exhibit "A", has been prepared in accordance with all applicable laws, rules, regulations, standards and guidelines promulgated by appropriate authority. 2- That the City Council of the City of West University Place further finds and determines that the said Water Conservation and Drought Contingency plan is adequate to provide an effective means for water conservation and drought management within the city limits of the City of West University Place. 3- That the Water Conservation and Drought Contingency plan, a copy of which is attached hereto and marked Exhibit "A", is hereby adopted as the official Water Conservation and Drought Contingency Plan for the City of West University Place, Texas. 4- Further, that all of the requirements, conditions and procedures specified in the attached Water Conservation and Drought Contingency Plan for the City of West University Place shall be adhered to by all persons affected thereby, including but not limited to all residents, citizens and inhabitants of the City of West University Place. 5- Penalty. Any person, firm, partnership, association, corporation, company, or organization of any kind who or which intentionally, knowingly, recklessly, or with criminal negligence violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $500 per day. Each day during which such violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or premises and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense, and upon conviction thereof, shall be punished as above provided. Page 17 6- Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of West University Place, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. 7- Repealer. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED and APPROVED this, the day of 2009. Mayor, City of West University Place. Texas ATTEST: City Secretary Page 18 DROUGHT CONTINGENCY PLAN Section 1 - Declaration of Policy, Purpose, and Intent In cases of extreme drought, periods of abnormally high usage, system contamination, or extended reduction in ability to supply water due to equipment failure, temporary restrictions will be instituted to limit non-essential water usage. The purpose of the Drought Contingency Plan is to encourage, and under emergency conditions require, customer conservation in order to maintain supply, storage, or pressure. Section 2 - Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by posting of Notice of Council Meeting to approve ordinance adopting Drought Contingency Plan. The meeting took place at: Date: March 9, 2009 Time: 6:30 PM Place: 3800 University Blvd, West University Place Texas, Municipal Building, Council Chambers Section 3 - Public Education The City of West University Place will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. Drought plan information will be provided by press release and utility bill notice advising of availability of plan on intemet web site or from Utility Billing Office. Additional information will be provided at various sponsored events throughout the City. Section 4 - Coordination with Regional Water Planning Groups The service area of the City of West University Place is located within Regional Water Planning Group H and a copy of this plan has been mailed to this planning group. Page 19 Section 5 - Notice Requirements Notice will be provided to each customer prior to implementation or termination of each stage of the water restriction program. Notice will be provided through posting on City web site, news release to radio, television and newspaper. The notice will include: • The date restrictions will begin • The circumstances that triggered the restrictions • The stages of response and explanation of the restrictions to be implemented • An explanation of the consequences for violations. The utility will notify the TCEQ by telephone at (512) 239- 6020, or electronic mail at watermon@TCEQ.state.tx.us upon implementation the program and will notify in writing the Public Drinking Water Section at MC - 155. P.O. Box 13087. Austin. Texas 78711-3087 within five (5) working days of implementation including a copy of the utility's restriction notice. The utility must file a status report of its restriction program with the TCEQ every 30 days that restriction continues. Section 6 - Violations First violation - The customer will be notified by written notice of their specific violation. Subsequent violations: • A municipal court citation will be issued for violation of the City Code of Ordinances and will result in a fine of up to $500.00 per day the violation continues. • Continued violations may result in termination of water service. Section 7 - Exemptions or Variances The Building & Standards Commission may grant variance from requirements of this Plan in accordance with the same standards and procedures applicable to building-related variances; see Chapter 6 of the Code of Ordinances. An applicant who is refused a variance may appeal such action to the City Council. Any person seeking an exemption from this Plan may apply in writing to the City Council and must demonstrate good cause for the exemption. The City Council will treat all customers equally concerning exemptions and variances, and shall not discriminate in granting exemptions and variances. No exemption or variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the exemption or variance. Page 20 Section 8 - System Supply Strategy The City of West University Place water system is supplied with a combination of well water and surface water. The well water is supplied by water wells owned and operated by the system and can safely supply our annual daily average. The Surface water supply is through a purchase agreement with the City of Houston, Texas and this supply can safely supply our daily annual average. With limitations on either of these supplies during peak pumping seasons it may be necessary to implement water usage restrictions. The City of West University Place has two pump stations either of which can pump well water, surface water or a combination of both. Either pump Station can safely supply the daily average flow but may require usage restrictions in the event of equipment outages during peak water pumping seasons. Section 9 - Response Stages The City will communicate Stage I concepts each year. If, supply or demand triggers are met the city will initiate the appropriate elevated Stage of restrictions. STAGE I - ANNUAL DROUGHT AND CONSERVATION AWARENESS CAMPAIGN Utility Measures A public announcement will be issued every April to increase customer awareness of water conservation and encourage the most efficient use of water. This announcement will include information on obtaining an electronic or paper copy of this Plan. A copy of the current public announcement on water conservation awareness shall be kept on file available for inspection by the TCEQ. Voluntary Water Conservation Water customers are encouraged to practice water conservation. STAGE II - VOLUNTARY WATER USE RESTRICTIONS Stage II is designed to encourage customers to conserve water during periods when water supplies are unusually limited. Stage 2 will begin when: Supply-Based Triggers • City of Houston initiates voluntary water restrictions. Page 21 Demand- or Capacity-Based Triggers Total daily demand - 65% of pumping capacity for three (3) consecutive days. Upon initiation and termination of Stage II, notify all customers by placing notice on city's web site and by press release to radio, television and newspapers. Requirements for termination Stage II of the Plan may end when all of the conditions listed as triggering events have ceased to exist for a period of five (5) consecutive days. Utility Measures Visually inspect lines and repair leaks on a daily basis. Voluntary Water Use Restrictions Voluntary Restricted Hours: Outside watering is allowed daily, and encouraged to water only during the hours between 10:00 PM and 5:00 AM. STAGE III - MODERATE WATER USE RESTRICTIONS Stage III is designed to take affirmative steps to control the use of water in response to a period of significant water shortage. Stage 3 will begin when: Supply-Based Triggers • Equipment outage reduces well capacity by 50% or purchased water intake is limited to less than 75% of standard average draw rates. Demand- or Capacity-Based Triggers Total daily demand - 70% of pumping capacity for three (3) consecutive days. Upon initiation and termination of Stage III, notify all customers by placing notice on city's web site and by press release to radio, television and newspapers. Requirements for termination Stage III of the Plan may end when all of the conditions listed as triggering events have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 3, Stage II may become operative. Page 22 Utility Measures • Visually inspect lines and repair leaks on a daily basis. • Water line flushing is prohibited except for dead end mains or identified quality control issues Mandatory Water Use Restrictions The following water use restrictions shall apply to all customers: • Outside watering is allowed daily, but only during the hours between 10:00 PM and 5:00 AM. Watering of plants and landscaping shall be allowed with a hand held water hose between the hours of 7:00 PM and Midnight and the hours of Midnight and 10:00 AM. • Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except between the hours of 7:00 PM and 10:00 a.m. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. • Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or "Jacuzzi" type pools is prohibited except between the hours of 12:00 midnight and 10:00 a.m. • Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a re-circulation system. • Use of water from hydrants or flush valves shall be limited to maintaining public health, safety, and welfare. • Use of water for the irrigation of parks, and green belt areas is prohibited except between the hours 12:00 midnight and 5:00 a.m. and between 8 p.m. and 12:00 midnight. The following non-commercial uses of water are defined as non-essential and are prohibited: o Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas o Use of water to wash down buildings or structures for purposes other than immediate fire protection Page 23 o Use of water for dust control o Flushing gutters or permitting water to run or accumulate in any gutter or street o Failure to repair a leak(s) within 72 hours after having been given notice directing the repair of such leak(s). STAGE IV - CRITICAL WATER USE RESTRICTIONS Stage IV is designed to take significant steps to control the use of water in response to periods of critical water shortage. Stage IV will begin when: Supply-Based Triggers (Either condition may trigger restrictions) • Supply contamination Equipment outage reduces well capacity by 100% or purchased water intake is limited to less than 60% of standard average draw rates Demand- or Capacity-Based Triggers (Either condition may trigger restrictions) Total daily demand as 80% of pumping capacity for (3) three consecutive days Production or distribution limitations System outage. Upon initiation and termination of Stage IV, the utility will notify Its customers and the TCEQ. Requirements for Termination Stage IV of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage IV, Stage II or Stage I I I may become operative. Operational Measures The utility shall visually inspect lines and repair leaks on a daily basis. Water line flushing is prohibited except for identified water quality issues and only between the hours of 9:00 p.m. and 3:00 a.m. Police and Code Enforcement personnel will be asked to maintain vigilance for violations of the water restrictions. Page 24 Mandatory Water Use Restrictions All outdoor use of water is prohibited Irrigation of landscaped areas is absolutely prohibited Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited Page 25 APPENDIX A WATER CONSERVATION & DROUGHT MANAGEMENT INFORMATION SOURCES Texas Water Development Board P.O. Box 13231 1700 N. Congress Ave. Austin Tx 78711-3231 (512) 463 7847 voice (512) 4752053 fax www. twd b. state tx. us Texas Commission on Environmental Quality P.O. Box 13087 Austin Tx 78711-3087 (512) 239 1000 www.tceg.state.tx.us Water Resource Center U.S. EPA Mail Code RC-41 00 401 M Street, S.W. Washington, D.C. 20460 Telephone: (202) 260-7786 Fax: (202) 260-0386 e-mail: waterpubs(@.epamail.epa.aov www,epa.gov/ow American Water Works Association 6666 West Quincy Ave. Denver Co 80235 (303) 794 7711 www.awwa.org Page 26 APPENDIX B WATER CONSERVATION TIPS Suggestions on ways to save water which may be included in public information are listed below. A. Bathroom a. Take a shower instead of filling the tub and taking a bath. Showers usually use less water than tub baths. b. Install a low-flow shower head which restricts the quantity of flow at 60 psi to no more than 3.0 gallons per minute. c. Take short showers and install a cutoff valve or turn the water off while soaping and back on again only to rinse. d. Do not use hot water when cold will do. Water and energy can be saved by washing hands with soap and cold water; hot water should only be added when hands are especially dirty. e. Reduce the level of the water being used in a bath tub by one or two inches if a shower is not available. f. Turn water off when brushing teeth until it is time to rinse. g. Do not let water run when washing hands. Instead, hands should be wet, and water should be turned off while soaping and scrubbing and turned on again to rinse. A cutoff valve may also be installed on the faucet. h. Shampoo hair in the shower. Shampooing in the shower takes only a little more water than is used to shampoo hair during a bath and much less than shampooing and bathing separately. i. Hold hot water in the basin when shaving instead of letting the faucet continue to run. j. Test toilets for leaks. To test for a leak, a few drops of food coloring can be added to the water in the tank. The toilet should not be flushed. The customer can then watch to see if the coloring appears in the bowl within a few minutes. If it does, the fixture needs adjustment or repair. k. Use a toilet tank displacement device. A one-gallon plastic milk bottle can be filled with stones or with water, recapped, and placed in the toilet tank. This will reduce the amount of water in the tank but still provide enough for flushing. (Bricks, which some people use for this purpose, are not recommended, since Page 27 - they crumble eventually and could damage the working mechanism. Displacement devices should never be used with new low-volume flush toilets. 1. Install faucet aerators to reduce water consumption. m. Never use the toilet to dispose of cleaning tissues, cigarette butts, or other trash. This can waste a great deal of water and also places an unnecessary load on the wastewater treatment plant. n. Install a new low-volume toilet that uses 1.6 gallons or less per flush when building a new home or remodeling a bathroom. B. Kitchen a. Use a pan of water (or place a stopper in the sink) for rinsing pots and pans and cooking implements when cooking rather than turning on the water faucet each time a rinse is needed. b. Never run the dishwasher without a full load. In addition to saving water, expensive detergent will last longer and a significant energy saving will appear on the utility bill. c. Use the sink disposal sparingly, and never use it for just a few scraps. d. Keep a container of drinking water in the refrigerator. Running water from the tap until it is cool is wasteful. Better still, both water and energy can be saved by keeping cold water in a picnic jug on a kitchen counter to avoid opening the refrigerator door frequently e. Use a small pan of cold water when cleaning vegetables rather than letting the faucet run. f. Use only a little water in the pot and put a lid on it for cooking most food. Not only does this method save water, but food is more nutritious since vitamins and minerals are not poured down the drain with the extra cooking water. g. Use a pan of water for rinsing when hand-washing dishes rather than running the faucet. h. Always keep water conservation in mind, and think of other ways to save in the kitchen. Small kitchen savings from not making too much coffee or letting ice cubes melt in a sink can add up over a year's time. C. Laundry a. Wash only a full load when using an automatic washing machine (32 to 59 gallons are required per load). Page 28 b. Use the lowest water level setting on the washing machine for light loads whenever possible. c. Use cold water as often as possible to save energy and to conserve the hot water for uses which cold water cannot serve. (This is also better for clothing made of today's synthetic fabrics.) D. Appliances and Plumbing a. Check water requirements of various models and brands when considering purchasing any new appliance that uses water. Some use less water than others. b. Check all water connections and faucets for leaks. A slow drip can waste as much as 170 gallons of water EACH DAY, and can add as much as $10.00 per month to the water bill. c. Learn to replace washers so that drips can be corrected promptly. It is easy to do, costs very little, and can represent a substantial amount saved in plumbing and water bills. d. Check for water leakage you may be unaware of, such as a leak between the water meter and the house. To check, all indoor and outdoor faucets should be turned off, and the water meter should be checked. It it continues to run or turn, a leak probably exists and needs to be located. e. Insulate all hot water pipes to avoid the delays (and wasted water) experienced while waiting for the water to turn hot. f. Be sure the hot water heater thermostat is not set too high. Extremely hot settings waste water and energy because the water often has to be cooled with cold water before it can be used. g. Use a moisture meter to determine when house plants need water. More plants die from over-watering than from being on the dry side. E. Out-of-Doors Use a. Water lawns between the hours of 8:00 pm to 6:00 am during the hotter summer months. Much of the water used on the lawn can simply evaporate between the sprinkler and the grass. b. Use a sprinkler that produces large drops of water, rather than a fine mist, to avoid evaporation. c. Turn soaker hoses so the holes are on the bottom to avoid evaporation. d. Water slowly for better absorption, and never water in high winds. - Page 29 e. Forget about watering the streets, walks, and driveways. They will never grow a thing. f. Condition the soil with compost before planting grass or flower beds so that water will soak in rather than run off. g. Fertilize lawns at least twice a year for root stimulation. Grass with a good root system makes better use of less water. h. Learn to know when grass needs watering. If it has turned a dull gray-green or if footprints remain visible, it is time to water. i. Do not water too frequently. Too much water can overload the soil so that air cannot get to the roots and can encourage plant diseases. j. Do not over-water. Soil can absorb only so much moisture and the rest simply runs off. A timer will help, and either a kitchen timer or an alarm clock will do. An inch and one-half of water applied once a week will keep most Texas grasses alive and healthy. k. Operate automatic sprinkler systems only when the demand on the town's water supply is lowest. Set the system to operate between 4 and 6 am. 1. Do not scalp lawns when mowing during hot weather. Taller grass holds moisture better. Rather, grass should be cut fairly often, so that only 1 to 2 inches is trimmed off. A better looking lawn will result. m. Use a watering can or hand water with the hose in small areas of the lawn that need more frequent watering (those near walks or driveways or in especially hot, sunny spots). n. Learn what types of grass, shrubbery, and plants do best in the area and in which parts of the lawn, and then plant accordingly. If one has a heavily shaded yard, no amount of water will make roses bloom. In especially dry sections of the state, attractive arrangements of plants that are adapted to and or semi-arid climates should be chosen. o. Consider decorating areas of the lawn with rocks, gravel, wood chips, or other materials now available that require no water at all. p. Do not "sweep" walks and driveways with the hose. Use a broom or rake instead. q. Use a bucket of soapy water and use the hose only for rinsing when washing the car. Page 30