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HomeMy WebLinkAboutORD 01-078 ORDINANCE NO. 01-078 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 01-058 TO ADD PROVISIONS FOR THE APPLICATION OF THE DROUGHT CONTINGENCY PLAN TO WHOLESALE CUSTOMERS OF OUR WATER SYSTEM PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 01-058 be and the same is hereby amended to add new sections IX, X, XI and XII to read as follows: Section IX: Pro Rata Water Allocation In the event that the triggering criteria specified in Section 1.1-1.3 of the Plan for Stage 3 - Severe Water Shortage Conditions have been met, the city manager is hereby authorized initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures. (a) A wholesale customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the City of Beaumont based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the City of Beaumont as conditions warrant. Once pro rata allocation is in effect, water diversions or by deliveries to each wholesale customer shall be limited to the allocation established for each month. (b) A monthly water usage allocation shall be established by the city manager or his/her designee, for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by month for the 1995-2000 calendar year period . If the wholesale water customer's billing history is less than 5 years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (c) The city manager shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Natural Resource Conservation Commission upon initiation of pro rata water allocation. (d) Upon request of the customer or at the initiative of the city manager the allocation may be reduced or increased if, (1) the designated period does not accurately reflect the wholesale customer's normal water usage; (2)the customer agrees to transfer part of its allocation to another wholesale customer; or (3) other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the city council of the City of Beaumont. Section X: Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/or deliveries. (a) One Hundred Ten Percent (110%) the normal water charge for water diversions and/or deliveries in excess of the monthly allocation up through 5 percent above the monthly allocation. (b) One Hundred Twenty Percent (120%) the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. (c) One Hundred Fifty Percent the normal water charge for water diversions and/or deliveries in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. (d) Two times (200%) the normal water charge for water diversions and/or more than 15 percent above the monthly allocation. (e) The above surcharges shall be cumulative. Section XI: Variances The city manager, or his/her designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided y this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety 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 Plan shall file a petition for variance with the city manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be review by the City Council, and shall include the following. (a) Name and address of the petitioner(s). (b) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this ordinance. (c) Description of the relief requested. (d) Period of time for which the variance is sought. (e) Alternative measure the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (f) Other pertinent information. Variances granted by the City of Beaumont shall be subject to the following conditions, unless waived or modified by the City of Beaumont or its 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. Section 2. It is hereby declared to be the intention of the City of Beaumont that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City of Beaumont without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 91' day of October, 2001. - Mayor -