HomeMy WebLinkAboutRES 16-102RESOLUTION NO. 16-102
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the 2014 Water Conservation and Drought Contingency Plan is hereby adopted.
The Plan is substantially in the form attached hereto as Exhibit "A;" and,
BE IT FURTHER RESOLVED THAT the City of Beaumont hereby renews its
commitment to Chapter 22, Article 22.06 "Drought Contingency Plan" of the Code of
Ordinances.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
June, 2016.
rB -
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
WATER CONSERVATION PLAN
AND
DROUGHT CONTINGENCY PLAN
SUBMITTED TO:
WATER CONSERVATION
AND
DROUGHT MANAGEMENT TEAM
WATER RIGHT PERMITTING
AVAILABILITY SECTION
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
October 1990
August 1992
October 2001
April 2005
April 2009
May 2014
ENMIT "A"
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
MUNICIPAL WATER CONSERVATION PLANNING DAT: UTILITY SURVEY
Name of Applicant: City of Beaumont - Water Utilities PWSID No. 1230001
Address: 1350 Langham Road
Beaumont, TX 77707
Telephone Number: (409) 785-3016
Fax Number: (409) 861-4836
Form Completed by: Amalia Villarreal, P.E.
Water Utilities Administration
Signature• \v\\ Date: �y� l \ \)
2
TABLE OF CONTENTS
I. Customer Data
A.
Population and Service Area Data....................................................................3
B.
Active Connections..............................................................................................4
C.
Nigh Volume Retail Customers..........................................................................5
II. Water Use Data for Service Area
A.
Water Accounting Data......................................................................................5
B.
Projected Water Demands.................................................................................7
III. Water Supply Sources
A.
Water Supply Sources........................................................................................9
B.
Treatment and Distribution System.................................................................9
IV. Wastewater System
A. Wastewater System Data................................................................................10
B. Wastewater Data for Service Area.................................................................11
V. Utility Operating Data
A. Water and Wastewater Rate Structure.......................................................11
VI. Conservation Goals
A. Water Conservation Goals to Reduce Consumption................................15
B. TCEQ Conservation Goal Assessment.........................................................15
C. Total Technical Potential for Reducing Per Capita Use ............................ 16
PlanningGoal.......................................................................................................................16
Needed Reduction in per Capita Use to Meet Planning Goal.......................................16
Methods to Reduce per Capita Use..................................................................................16
AttachmentIndex................................................................................................................19
I. CUSTOMER DATA
A. Population and Service Area Data
1. Please provide a description of the service area. If the applicant has
Received a Certificate of Convenience and Necessity (CCN) from the TCEQ, please
include a copy of the CCN and a service -area map.
The distribution system consists of 780 miles of water lines and six elevated storage
tanks with approximately 42,300 connections, encompassing a service area of 85.74
square miles. The service area is flat in nature and contains residential, commercial
and industrial customers. Water lines range in size from 2" to 42" in diameter.
Most of the city is operated as one pressure plane. However, a booster station in the
southern portion of the city serves the prison system. The north and west parts of
the city receive ground water, the remainder of the city receives surface water.
Refer to Appendix A for the CCN information.
2. Service area size (square miles): 85.74
3. Current population of service area: 131,849
4. Current population served by Utility:
a. Water 131,849 b. Wastewater
131,849
5. Population served by water utility
6.
Projected population
for each of the previous five years:
For service area:
Year Population
Year
Population
2009 121,579
2014
132,023
2010 121,579
2015
132,023
2011 131,849
2016
132,023
2012 131,849
2017
132,023
2013 132,023
2018
132,023
List source(s) and/or method(s) for the calculation of current and projected population:
Chamber of Commerce
Population for prison system 13,727
2013 population for Beaumont — 118,296
2017 projected population 132,023
Projected population increase in next five years based on ongoing developments and
housing projects.
3
B. Active Connections
1. Current number of active connections by user type:
Treated water users: Metered Not metered
Total
Residential Single Family 35,324 None
35,324
Residential Multi-family 18,569 None
18,569
Commercial 4,533 None
4,533
Industrial 21 None
21
Agricultural
Institutional
Is multi-family service with a single meter counted as Residential or Commercial?
Commercial
2. Net number of new connections per year for previous five years:
Type 2009 2010 2011 2012
2013
Residential
Single Family (214) 39 (76) (793)
(1600)
Commercial (74) (70) 152 (473)
(417)
Industrial (3) (3) (0) 0
(2)
Public (3) (3) 1 1
1
Other None None None None
None
Note: The numbers in this report represent the difference in the total connections
for consecutive years.
4
C. High Volume Retail Customers
1. Two year average annual use (in 1,000 gallons) for the 5 highest volume retail and
wholesale customers whose water use is included in Section IIA2 on Page 5.
Customer
water
Use (10002al./yr.) Treated or raw
(1)
Federal Correctional Complex
152,873
Treated
(2)
TDCJ/Utilities & Energy
218,995
Treated
(3)
Lucite International
54,548
Treated
(4)
Chemtrade Refinery
38,530
Treated
(5)
Martin Resources
30,318
Treated
2. Two year average annual use (in 1,000 gallons) for wholesale and other customers whose
water use is not included in Section IIA2 on Page 5:
Customer
(1) N/A
II. WATER USE DATA FOR SERVICE AREA
A. Water Accounting Data
Use Treated or Raw water
1 a. Amount of water diverted (pumped) for previous five years (in, 1000 gal.) Total
amount diverted for both ground and surface (raw water) sources.
5
2009
2010
2011
2012
2013
January
693,027
932,277
808,770
914,677
773,767
February
636,977
732,818
814,917
842,529
669,944
March
706,660
744,741
782,546
815,460
790,310
April
682,742
737,912
792,551
783,764
732,220
May
760,384
826,394
862,680
902,585
827,184
June
867,312
817,435
1,020,790
849,424
729,771
July
952,285
774,785
1,029,878
838,069
882,523
August
995,356
832,696
1,051,124
924,124
950,978
September
956,635
855,225
1,021,455
859,396
942,170
October
933,011
988,336
1,103,009
851,296
808,546
November
956,309
864,540
965,630
836,616
742,320
December
856,280
851,407
944,153
779,632
759,962
Totals
9,998,987
9,960,576
11,197,503
10,197,571
9,609,695
5
lb. Please indicate how the above figures were determined (e.g. from a master meter
located at the point of diversion from a stream or located at a point where raw water
enters the treatment plant, or from water sales).
Master meters on raw water entering the treatment plant and meters on well flow
at the ground water pump station.
2. Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following
account types (See#1, Appendix A) for the past five years. Total Consumption includes
Residential, Commercial, Industrial, Public, and other.
Year
Total Consumption +
Used for water treatment
Total
2009
5,580,587
161,988
5,742,575
2010
5,775,210
223,151
5,998,361
2011
6,000,242
172,997
6,173,239
2012
5,367,844
303,045
5,670,889
2013
5,179,054
188,896
5,367,950
Note: Volume used for treatment decreased due to changing the type of polymer
suggested by research and experimentation.
3. Unaccounted-for water
4. Annual peak -to -average daily use ratio
Year
Amount (gal)
%o
Year
Average MGD
Peak MGD
Ratio
09
3,258,037
32.58
09
27.329
37.475
1.371
10
3,690,564
37.05
10
27.663
32.945
1.191
11
4,396,020
39.88
11
30.118
40.252
1.336
12
3,950,000
39.92
12
27.034
33.641
1.244
13
3,650,000
38.84
13
25.747
37.604
1.460
5. Municipal per capita water use for previous five years (in gallons per capita per day):
(Industrial Sales are not available)
Note: In 2011 the City of Beaumont experienced record drought conditions.
11
Total
Industrial
Municipal
Year
Population
Diverted/Year
Sales
Per Capita Use
09
121,579
9,998,987,000
N/A
225
10
122,000
9,960,575,800
N/A
224
11
122,500
11,023,710,000
N/A
247
12
123,000
9,894,554,000
N/A
220
13
123,500
9,397,805,700
N/A
208
Note: In 2011 the City of Beaumont experienced record drought conditions.
11
6. Seasonal water use for the previous five years (in gallons/person/day):
B. Projected Water Demands
Provide estimates for total water demands for the planning horizon of the utility. Indicate
sources of data and how projected water demands were determined. Attach additional sheet
if necessary.
The following table is part of a report that was prepared for the City of Beaumont by
Freese & Nichols in 2004.
The City of Beaumont maintains an excellent set of production records from which an
analysis of historic water usage can be made. The total requirements are computed by
adding the total of both surface and well water to City.
This historical average day per capita demand has increased steadily from the 1950's
through 2004 with slight fluctuation in demands reflecting wet and dry years. Average
water consumption and per capita usage for the years 1998 was very high due to an
extended drought period. The table that follows displays the figures for population,
per capita water demand (GPCD), total water requirement for an average day (MGD),
and maximum daily requirements (MGD) excluding raw water usage. When this
report was prepared in 2004, it projected no decrease in the per capita demand
(GPCD) due to previous historic trends. However, the actual per capita values are less
than the 2004 projections by 5 and 12 percent for 2005 and 2007 respectively. The
decreasing per capita demand values is a result of increased usage of water
conservation measures. A couple of examples would be a leak detection program
conducted in 2007 and 2008, and continuous public education. The Texas Water
Development Board (TWDB) estimates these savings in per capita per day to be as
follows:
9
Base per
Summer per
Seasonal
Year
Population
capita use
capita use
use
09
129,130
225
257
32
10
123,799
224
221
-3
11
122,230
247
281
35
12
123,400
220
236
16
13
121,800
208
231
22
B. Projected Water Demands
Provide estimates for total water demands for the planning horizon of the utility. Indicate
sources of data and how projected water demands were determined. Attach additional sheet
if necessary.
The following table is part of a report that was prepared for the City of Beaumont by
Freese & Nichols in 2004.
The City of Beaumont maintains an excellent set of production records from which an
analysis of historic water usage can be made. The total requirements are computed by
adding the total of both surface and well water to City.
This historical average day per capita demand has increased steadily from the 1950's
through 2004 with slight fluctuation in demands reflecting wet and dry years. Average
water consumption and per capita usage for the years 1998 was very high due to an
extended drought period. The table that follows displays the figures for population,
per capita water demand (GPCD), total water requirement for an average day (MGD),
and maximum daily requirements (MGD) excluding raw water usage. When this
report was prepared in 2004, it projected no decrease in the per capita demand
(GPCD) due to previous historic trends. However, the actual per capita values are less
than the 2004 projections by 5 and 12 percent for 2005 and 2007 respectively. The
decreasing per capita demand values is a result of increased usage of water
conservation measures. A couple of examples would be a leak detection program
conducted in 2007 and 2008, and continuous public education. The Texas Water
Development Board (TWDB) estimates these savings in per capita per day to be as
follows:
9
City of Beaumont
Proiected Water Requirements
Year
Projected Beaumont
Population
Per Capita
Demand
(GPCD)
Total Requirements
for Avg Day (MGD)
Maximum
Daily
Requirements
1950
94014
89.0
8.36
14.21
1960
119175
111.0
13.22
22.47
1970
117548
138.0
16.22
27.57
1980
118102
175.0
20.65
35.11
1990
114323
159.0
18.21
27.70
1997
119838
186.0
22.31
37.93
1998
120595
211.0
25.39
43.16
2000
122109
210.0
25.64
43.59
2005
125772
209.5
26.35
44.80
2010
129545
209.0
27.07
46.02
2015
133431
208.5
27.82
47.29
2020
137434
208.0
28.59
48.60
Population figures for 1950-1990 were taken from U.S. Census data. Population figures
for 1997 and 1998 were derived using a 3.2% grown rate predicted by SETRPC for this
period. Population figures from 2000-2020 were taken from the SETRPC estimated
growth rate. Average day requirements for 1950 to 1998 were provided by the City of
Beaumont. Per capita usage from 1998 through 2020 were based on below .normal
rainfall (drought) conditions and a decrease of 0.5 GPCD per 5 year increment based
on increased usage of water conservation plumbing fixtures, and water conservation
programs implemented by the city.
0
III. WATER SUPPLY SYSTEM
A. Water Supply Sources
1. List all current water supply and the amounts available with each:
Source Amount Available
Surface Water: Neches River 50 MGD
Groundwater: Chicot Aquifer 16 MGD
Contracts: None None
Other: None None
B. Treatment and Distribution System
1. Design daily capacity of system: 56 MGD
2. Please describe the water system. Include the number of treatment plants, wells, and
storage tanks. If possible, include a sketch of the system layout.
The City of Beaumont is served by one surface water treatment plant and one
ground water pump station. The Neches River is the raw water source for the
surface water treatment plant (40 MGD). The surface water treatment plant is a
conventional -type water treatment plant with normal disinfection, up flow
pulsate clarifier, and dual media filtration. The raw water flows from the Neches
River to the surface water treatment plant via a canal system, pump station, and
pipe. The canal system has three intakes from the Neches River: Weiss Bluff
intake, Bunn's Bluff intake, and Lawson's intake. Only one intake is in use at a
time. Bunn's Bluff, Gravity flow intake is the normal operating intake. Lawson's
intake is used only in emergencies. The raw water is pumped from the end of
Bunn's Canal to the rapid mix where alum is added as the primary coagulant. If
necessary caustic, is added to increase alkalinity. The water proceeds through
the up flow clarifiers to the filters. Chlorine can be added at this point, before
filtration, for disinfection zone 1; however, D1 is normally not utilized.
Phosphate is added before and after filtration for sequestration of manganese.
Chlorine, caustic and fluoride are added after filtration, just before the water
reaches the clear well, a 5 million gallon ground storage tank. D2 is from the
clear well influent to clear well effluent. After the clear well ammonia is added to
form chloramines and caustic is added to increase the pH. The water is then
9
pumped to the distribution system. The ground water system (16 MGD) consists
of three wells, two 5 million gallon ground storage tanks and four booster pumps,
all located in Hardin County north of Beaumont. The wells pump from the
Chicot Aquifer (a minor aquifer within the Gulf Coast aquifer). Free chlorine is
added before and after the ground storage tanks. The water is pumped from the
ground storage tanks to the distribution system.
The distribution system consists of 780 miles of water lines and six elevated
storage tanks with approximately 42,300 connections, encompassing a service
area of 85.74 sq. miles. Water lines range in size from 2" to 42" in diameter.
Most of the city is operated as one pressure plane. However, a booster station in
the southern portion of the city serves the prison system. The north and west
parts of the city receive ground water, the remainder of the city receives surface
water. Refer to Appendix B.
IV. WASTEWATER SYSTEM
A. Wastewater System Data
1. Design Capacity of wastewater treatment plant: 46 MGD
2. Briefly describe the wastewater system(s) of the area serviced by the water utility.
Describe how treated wastewater is disposed of. Where applicable, identify treatment
plant(s) with the TCEQ name and number, the operator, owner, and if wastewater is
discharged, the receiving stream. Please provide a sketch or map which located the
plant(s) discharge points or disposal sites.
The City of Beaumont's Wastewater Treatment Plant is a high rate continuous
recirculation, two stage bio -trickling filter plant followed by three polishing
ponds. Following chlorination and dechlorination the wastewater treatment
plant's effluent is pumped to a constructed wetland for tertiary treatment prior to
being discharged into a natural wetland and then to the receiving stream. Plant
site is locate at 4900 Lafin Road, approximately 3000 feet south of US Highway 69
and Highway 124 in Jefferson County. Since 2003 the wastewater treatment
plant received a major upgrade to its treatment units, electrical and SCADA
system.
The City of Beaumont's Wastewater Treatment Plant is owned and operated by
the City and is identified by TCEQ Permit Number 100501-020 Hillebrandt
Bayou Wastewater Treatment Plant.
H
Treatment effluent discharged is into Hillebrandt Bayou in segment number 0704
of the Neches -Trinity Coastal River Basin.
The City of Beaumont's wastewater treatment plant disposes of its aerobically
digested sludge at the City of Beaumont's Type 1 Landfill (TCEQ Number 1486)
owned and operated by the City of Beaumont. Refer to Appendix C.
B. Wastewater Data for Service Area
1. Percent of water service area serviced by wastewater system: 100%
2. Monthly volume treated for previous five years (in 1,000 gallons):
V. UTILITY OPERATING DATA
A. Water and Wastewater Rates and Rate Structure (Indicated if there are different rate
structures for industrial users).
Q. ARTICLE 22.02 WATER AND SEWER REGULATIONS-*
q Division 1. Generally
2009
2010
2011
2012
2013
January
995,810
689,010
757,450
761,680
801,680
February
1,055,370
803,150
619,550
1,209,870
611,790
March
1,254,130
637,070
686,480
982,940
454,680
April
976,720
603,540
538,210
586,250
772,190
May
849,440
530,900
514,300
470,560
746,490
June
628,160
399,530
455,020
511,660
550,690
July
631,590
799,230
832,890
953,900
583,420
August
603,520
628,040
506,500
420,700
475,200
September
575,160
615,070
381,500
444,440
496,950
October
845,660
533,400
514,680
404,090
664,560
November
614,200
637,340
593,930
349,200
560,060
December
827,900
589,430
728,820
530,640
368,000
Total
9,857,660
7,465,710
7,129,330
7,625,930
7,085,710
V. UTILITY OPERATING DATA
A. Water and Wastewater Rates and Rate Structure (Indicated if there are different rate
structures for industrial users).
Q. ARTICLE 22.02 WATER AND SEWER REGULATIONS-*
q Division 1. Generally
q Sec. 22.02.001 Water service rates
(a) Effective October 1, 2014, the following rates per month shall be the rates charged for
water service furnished to customers within and outside of the corporate limits of the city except
as provided in subsection (b) of this section.
Meter Size/Inches
Inside City Rate
Outside City Rate
5/8
$12.66
$19.03
1
$14.03
$21.03
1-1/2
$15.39
$23.06
2
$19.20
$28.81
3
$39.01
$58.54
4
$47.29
$70.94
6
$85.26
$127.87
8
$117.25
$175.85
10
$161.35
$242.05
12
$201.15
$301.74
Usage rate first 1,000 gallons
Minimum
Minimum
Over 1,000 gallons $ per 1,000
gallons
$4.28
$6.44
(b) The rate for senior citizens who comply with subsection (c) below will be at a discounted
rate equivalent to the rate per one thousand (1,000) gallons of water.
(c) Eligible senior citizens shall mean customers residing in a single-family residence inside
the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge
deduction, persons eligible must file a sworn application on a form provided therefor, with water
customer services. Upon approval of the application the senior citizen's monthly minimum
charge shall be applicable for the life of the applicant.
(d) (1) Upon the effective date of each of the three (3) phases, October 1, 2009; October 1,
2010; and April 1, 2011, apartment complexes and mobile home parks with four (4) or more
units shall be billed a minimum monthly water service rate of:
(A) Effective October 1, 2009:
(75% of the number of units) X Minimum monthly water service rate for a 5/8 -inch meter
12
(B) Effective October 1, 2010:
(75% of the number of units) X Minimum monthly water service rate for a 5/8 -inch meter
2
(C) Effective April 1, 2011:
(75% of the number of units) x Minimum monthly water service rate for a 5/8 -inch meter
(2) The minimum monthly water service rate includes the volume as calculated below:
(75% of the x 1000 gallons
number of units)
(3) Additional usage will be billed based on rates set by this section.
(Ordinance 88-72, sec. 1, adopted 8/9/88; Ordinance 89-79, sec. 1, adopted 10/24/89;
Ordinance 90-68, see. 1, adopted 11/13/90; Ordinance 92-81, sec. 1, adopted 12/8/92;
Ordinance 00-45, sec. 1, adopted 5/30/00; Ordinance 00-56, sec. 1, adopted 6/27/00;
Ordinance 04-042, sec. 1, adopted 6/22/04; 1978 Code, sec. 28-50; Ordinance 07-
093, sec. 1, adopted 9/25/07; Ordinance 08-075, sec. 1, adopted 9/9/08; Ordinance
09-018, sec. 1, adopted 4/7/09; Ordinance 09-053, sec. 1, adopted 9/22/09; Ordinance
10-074, sec. 1, adopted 9/14/10; Ordinance 11-069, sec. 1, adopted 9/6/11; Ordinance
12-070, sec. 1, adopted 9/25/12; Ordinance 13-053, sec. 1, adopted 9/10/13;
Ordinance 14-030, sec. 1, adopted 7/15/14)
4 Sec. 22.02.002 Wastewater service rates
(a) Effective October 1, 2014, the following rates per month shall be the rates charged for
wastewater services furnished to customers within and outside of the corporate limits of the city
where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb)
except as provided in subsection (b) of this section:
Meter Size/Inches
Inside City Rate
Outside City Rate
5/8
$8.10
$12.12
1
$8.23
$12.33
1-1/2
$8.37
$12.54
2
$9.09
$13.61
3
$10.28
$15.41
4
$15.06
$22.62
6
$24.70
$36.98
8
$30.17
$45.28
13
10
$41.15
$61.71
12
$52.11
$78.13
Usage rate first 1,000 gallons
Minimum
Minimum
Over 1,000 gallons $ per 1,000
gallons
$3.84
$5.83
(b) The rate for senior citizens who comply with subsection (c) below will be at a discounted
rate equivalent to the rate per one thousand (1,000) gallons of water.
(c) Eligible senior citizens shall mean customers residing in a single-family residence inside
the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge
deduction, persons eligible must file a sworn application, on a form provided therefor, with water
customer services. Upon approval of the application the senior citizen's monthly minimum
charge shall be applicable for the life of the applicant.
(d) (1) Residential sewer charges shall be based on the average of the actual monthly water
usage of the preceding months of November, December, January and February which preceded
the months billed.
(2) The monthly individual residential sewer volume charge shall not exceed the
average of the actual metered water volume usage for the previous months of
November through February. Where no preceding November through February
monthly average volume is available from records, water customer services shall
establish an average monthly volume based on the average monthly usage of all
residential users in each particular cycle route for the winter months set out above.
(e) Commercial and industrial sewer usage charges shall be based on one hundred (100)
percent of the metered water usage. In circumstances where a commercial or industrial customer
desires a credit for metered water being consumed but not being returned to the sanitary sewer, it
shall be the responsibility of the user to furnish to the director of water utilities an engineering
report, certified by a professional engineer, that justifies and supports the discharge reduction as
being a continuous normal part of the process. Based on the data provided, the director of water
utilities may estimate said return or require submetering of the process water. Meters used for
submetering shall be furnished at the customer's expense and shall be approved by the director
of water utilities.
(f) (1) Upon the effective date of each of the three (3) phases, October 1, 2009; October 1,
2010; and April 1, 2011, apartment complexes and mobile home parks with 4 or more units shall
be billed a minimum monthly wastewater service rate of:
(A) Effective October 1, 2009:
75% of the number of units) x Minimum monthly wastewater service rate for a 5/8 -inch meter
14
3
(B) Effective October 1, 2010:
(75% of the number of units) x Minimum monthly wastewater service rate for a 5/8 -inch meter
2
(C) Effective April 1, 2011:
(75% of the number of units) x Minimum monthly wastewater service rate for a 5/8 -inch meter
(2) The minimum monthly wastewater service rate includes the volume as calculated below:
(75% of the x 1000 gallons
number of units)
(3) Additional usage will be billed based on rates set by this section.
(Ordinance 88-72, sec. 1, adopted 8/9/88; Ordinance 89-79, sec. 2, adopted 10/24/89; Ordinance
90-68, sec. 2, adopted 11/13/90; Ordinance 92-81, sec. 1, adopted 12/8/92; Ordinance 00-45, sec.
2, adopted 5/20/00; Ordinance 00-56, sec. 2, adopted 6/27/00; Ordinance 04-042, sec. 2, adopted
6/22/04; 1978 Code, sec. 28-51; Ordinance 07-093, sec. 2, adopted 9/25/07; Ordinance 08-040,
sec. 24, adopted 5/13/08; Ordinance 08-075, sec. 2, adopted 9/9/08; Ordinance 09-018, sec. 2,
adopted 4/7/09; Ordinance 09-053, sec. 2, adopted 9/22/09; Ordinance 10-074, sec. 2, adopted
9/14/10; Ordinance 11-069, sec. 2, adopted 9/6/11; Ordinance 12-070, sec. 2, adopted 9/25/12;
Ordinance 13-053, sec. 2, adopted 9/10/13; Ordinance 14-030, sec. 2, adopted 7/15/14)
VI. CONSERVATION GOALS
Please use the data provided in this survey to establish conservation goals
(additional data may be used).
A. Water conservation goals for municipal utilities are generally established to
maintain or reduce consumption, as measured in:
1. gallon per capita per day used;
2. unaccounted-for water uses;
3. peak -day to average -day ratio; and/or
4. an increase in reuse or recycling of water.
B. TCEQ conservation staff assess the reasonableness of water conservation goals
based on whether the applicant addresses the following steps:
1. identification of a water or wastewater problem;
V,
2. performance of a system audit (completion of this form).
3. selection of goals based on the technical potential to save water as identified
in the audit; and
4. performance of a coast -benefit analysis of conservation strategies.
If at least the first three steps have been completed and are summarized in the
water conservation plan, then TCEQ staff can conclude that there is
substantiated basis for the goals, and that the water conservation plan is
integrated into water management. Therefore, the established conservation
goals are deemed reasonable.
C. Complete the following in gallons per capita per day (gpcd) to quantify the water
conservation goals for the utility's service area.
1. Estimation of the technical potential for reducing per capita water use:
2. Planning goal
The planning goal equals the dry year per capita water use minus the total technical
potentials calculated in number one above.
Goal to be achieved by 2018 (in gpcd): 239 gpcd
Goal to be achieved by 2023 (in gpcd): 198 gpcd
16
Conservation Scenario
Most Likely
Advanced
a. Reduction in unaccounted-for users:
1.0
34.5 gpcd
b. Reduction in indoor water uses due
to water -conserving plumbing
3.0
21.7
fixtures:
C. Reduction in season use:
2.0
7.65
d. Reduction in water use due to public
2.0
9.55
education programs:
TOTAL TECHNICAL POTENTIAL FOR
REDUCING PER CAPITA WATER USE:
8.00
73.40
2. Planning goal
The planning goal equals the dry year per capita water use minus the total technical
potentials calculated in number one above.
Goal to be achieved by 2018 (in gpcd): 239 gpcd
Goal to be achieved by 2023 (in gpcd): 198 gpcd
16
3. Needed reduction in per capita use to meet planning goal :
Current per capita use: 208
Planning goal for 2015(from #2 above): 239
Planning goal for 2020(from #2 above): 198
Difference between current use and 2015 goal: 31 gpcd
(Represents needed reduction in per capita use to meet goal.)
4. Methods to reduce per capita use:
a. Water line replacement program:
In 2000 the City of Beaumont adopted an aggressive water line replacement
program. The program continue to replace approximately 20,000 linear feet of
water lines per year. The replacement of corroded, unlined cast iron water lines
improves water quality, reduces water loss, and reduces production costs. Refer to
Appendix D.
b. Installation of conservative plumbing fixtures:
The City of Beaumont Code Enforcement section adopted the use of plumbing
fixtures that promotes water conservation. The City of Beaumont will continue to
enforce such measures.
c. Water Leak Detection and Elimination Program:
The water meter and alley lines relocation program, reduced the water leaks and
relocated the lines to the street making any future leak easier to detect.
The City of Beaumont contracted with ADS the leak detection program that
identified leaks and trained City staff on how to operate the equipment. The City is
in the process of buying leak detection equipment to conduct daily in-house leak
detection. Refer to Appendix E
d. Annual water meter testing.
In 2000 the City of Beaumont started conducting an annual test of all its meters 3
inches and larger. This program will continue to be a part of the standard
operations.
e. Water System Master Plan:
The City of Beaumont Contracted out to Schaumburg and Polk, Inc. the design of a
Master Plan that was completed by the end of 2009. The Master Plan will field
17
survey and locate all existing lines, create a water model, and identify areas of low
pressures and potential water leaks.
L Leak Detection Program:
The City of Beaumont executed a contract with ADS Environmental Services to
identify leaks in the distribution system. This program started in February 2007 and
was completed in April 2008. The leaks found have been repaired by City forces.
The City is in the process of buying leak detection equipment to establish an
ongoing leak detection program. Refer to Appendix F for Resolution aad results of
study.
g. Self Audit Program:
The City of Beaumont will conduct a self audit for all its facilities every two years.
h. Water Bill Inserts
In the next five years the City of Beaumont will continue to include inserts in the
water bills to educate the public on water conservation. In addition the City will
insert in the water bill a self audit to the customers to help them conserve water and
save money. Refer to Appendix G
i. Public Education:
The City of Beaumont adopted a five year educational program (2009 th=ough
2013) that will continue to educate the public by presenting brochures at
community centers, town hall meetings, schools and entertainment festivals. In
addition, the City is sponsoring water conservation school programs and projects
Refer to Appendix H
18
ATTACHMENTS
Appendix A
Certificate of Convenience and Necessity (CCN) Site Maps
Appendix B
Water Treatment Plant Flow Schematic
Appendix C
Wastewater Treatment Plant Flow Schematic
Appendix D
Water Line Replacement Program
Appendix E
Water Meter and Alley Lines Relocation Program
Appendix F
Leak Detection Program
Appendix G
Customer Self Audit
Appendix H
Public Education Handout / School Programs
Appendix I
Resolution R-92-184
Appendix J
Ordinance No. 01-058
Appendix K
Ordinance No. 01-078
Appendix L
Ordinance No. 10-085
Appendix M
Article 22.06 Drought Contingency Plan
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CHAPTER 22 UTILITIES
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN!
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.001 Declaration of policy, purpose and intent
(a) In order to conserve the available water supply and protect the integrity of water supply facilities,
with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve
public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other
water supply emergency conditions, the city hereby adopts the following regulations and restrictions on
the delivery and consumption of water.
(b) Water uses regulated or prohibited under this drought contingency plan are considered to be non-
essential and continuation of such uses during times of water shortage or other emergency water supply
condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined
in section 22.06.0 10 of this plan.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(a))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.002 Public involvement
Opportunity for the public to provide input into the preparation of the plan was provided by the city by
means of providing a public meeting to provide opportunity to allow public input. The meeting was
publicly announced through the Beaumont Enterprise. The notice for the meeting was posted at City
Hall, 801 Main St., and the meeting was held July 31, 2001. (Ordinance 01-058, sec. 1, adopted 7/31/01;
Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(b))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.003 Public education
The city 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. This information will be provided by means of
television announcements, press releases and utility bill flyers. (Ordinance 01-058, sec. 1, adopted
7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(c))
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ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.004 Coordination with regional water planning groups
The service area of the city is located within the Region I regional water planning area and the city has
provided a copy of this plan to Region I. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078,
sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(d))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.005 Authorization
The city manager, or his/her designee, is hereby authorized and directed to implement the applicable
provisions of this plan upon determination that such implementation is necessary to protect public health,
safety, and welfare. The city manager, or his/her designee, shall have the authority to initiate or terminate
drought or other water supply emergency response measures as described in this plan. (Ordinance 01-
058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(e))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.006 Application
The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by
the city. The terms "person" and "customer" as used in the plan include individuals, corporations,
partnerships, associations, and all other legal entities. (Ordinance 01-058, sec. 1, adopted 7/31/01;
Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(f))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.007 Definitions
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use. Water use for ornamental or decorative purposes such as fountains, reflecting pools,
and water gardens.
Commercial and institutional water use. Water use which is integral to the operations of commercial and
nonprofit establishments and governmental entities such as retail establishments, hotels and motels,
restaurants, and office buildings.
Conservation. Those practices, techniques, and technologies that reduce the consumption of water,
reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and
reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer. Any person, company, or organization using water supplied by the city.
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Domestic water use. Water use for personal needs or for household or sanitary purposes such as drinking,
bathing, heating, cooking, and sanitation, or for cleaning a residence, business, industry, or institution.
Even -numbered address. Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4,
6, or 8, and locations without addresses.
Industrial water use. The use of water in processes designed to convert materials of lower value into
forms having greater usability and value.
Landscgpe irrigation use. Water used for the irrigation and maintenance of landscaped areas, whether
publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks,
and rights-of-way and medians.
Non-essential water use. Water uses that are not essential nor required for the protection of public, health,
safety, and welfare, including:
(1) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as
otherwise provided under this plan;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle;
(3) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard -surfaced areas;
(4) Use of water to wash down buildings or structures for purposes other than immediate
fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -
type pools;
(7) Use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life;
(8) Failure to repair a controllable leak(s) within a reasonable period after having been
given notice directing the repair of such leak(s); and
(9) Use of water from hydrants for construction purposes or any other purposes other than
firefighting.
Odd -numbered address. Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7,
or 9.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(g))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
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Sec. 22.06.008 Criteria for initiation and termination of drought response stages
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily
basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that
is, when the specified "triggers" are reached. The triggering criteria described below are based on known
system capacity limits. Future improvements to the city's water system will increase capacity and this
plan will be modified to reflect the system's upgraded capacity.
(1) Stage 1 triggers—Mild water shortage conditions.
(A) ReQuirements for initiation. Customers shall be requested to voluntarily conserve
water and adhere to the prescribed restrictions on certain water uses defined in section
22. 6. 07 of this article (definitions) when total daily water demand equals or exceeds
thirty-seven million (37,000,000) gallons for three (3) consecutive days or thirty-eight
million (38,000,000) gallons on a single day (e.g., based on the "safe" operating
capacity of water supply facilities).
(B) Requirements for termination. Stage 1 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three (3)
consecutive days.
(2) Stage 2 triggers—Moderate water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses provided in section
22.06.009 of this plan when the total daily water demand equals or exceeds thirty-eight
million (38,000,000) gallons for three (3) consecutive days or thirty-nine million
(39,000,000) gallons on a single day.
(B) Requirements for termination. Stage 2 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three (3)
consecutive days. Upon termination of stage 2, stage 1 becomes operative.
(3) Stage 3 triggers—Severe water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses for stage 3 of this plan
when the total daily water demand equals or exceeds thirty-nine million (39,000,000)
gallons for three (3) consecutive days or forty million (40,000,000) gallons on a single
day.
(B) Requirements for termination. Stage 3 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three (3)
consecutive days. Upon termination of stage 3, stage 2 becomes operative.
(4) age 4 triggers—Critical water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses for stage 4 of this plan
when the total daily water demand equals or exceeds forty million (40,000,000) gallons
for three (3) consecutive days or forty-two million (42,000,000) gallons on a single day.
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(B) Requirements for termination. Stage 4 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of two (2)
consecutive days. Upon termination of stage 4, stage 3 becomes operative.
(5) Stage 5 triggers—Emergency water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions for stage 5 of this plan when the city manager, or his/her
designee, determines that a water supply emergency exists based on:
(i) Major water line breaks, or pump or system failures occur, which cause
unprecedented loss of capability to provide water service; or
(ii) Natural or man-made contamination of the water supply source(s).
(B) Requirements for termination. Stage 5 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three (3)
consecutive days.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(h))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.009 Drought response stages
(a) Generally. The city manager, or his/her designee, shall monitor water supply and/or demand
conditions on a daily basis and, in accordance with the triggering criteria set forth in section 22.06.008 of
this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition
exists and shall implement the following notification procedures:
(1) Notification of the public (all trigger stages): The city manager or his/her designee shall
notify the public by means of-
(A)
f
(A) Publication in a newspaper of general circulation (the Beaumont Enterprise);
(B) Public service announcements (local television and radio stations).
(2) Additional notification: The city manager or his/her designee shall notify directly, or
cause to be notified directly, the following individuals and entities:
(A) The mayor and members of the city council and the city fire department (all
trigger stages);
(B) City and/or county emergency management coordinator (trigger stage 3 or above);
(C) TCEQ (required when mandatory restrictions are imposed) (triggers 4 and 5);
(D) Major water users (trigger stage 3 and above);
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(E) Critical water users, i.e., hospitals, prisons, etc. (trigger stage 3 and above);
(F) Parks/street superintendents and public facilities managers (any trigger stage).
(b) Stage 1 response—Mild water shortage conditions.
(1) Goal. Achieve a voluntary eight (8) percent reduction in total water demand.
(2) Supply management measures.
(A) Reduced flushing of water mains;
(B) Discontinue fire hydrant flushing;
(3) Voluntary water use restrictions.
(A) Water customers are requested to voluntarily limit the irrigation of landscaped
areas to Sundays and Thursdays for customers with a street address ending in an even
number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a
street address ending in an odd number (l, 3, 5, 7 or 9), and to irrigate landscapes only
between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated
watering days.
(B) All operations of the city shall adhere to water use restrictions prescribed for stage
2 of the plan.
(C) Water customers are requested to practice water conservation and to minimize or
discontinue water use for non-essential purposes.
(c) Stage 2 response—Moderate water shortage conditions.
(1) Goal. Achieve a ten (10) percent reduction in total water demand.
(2) Supply management measures.
(A) Reduced or discontinued flushing of water mains;
(B) Discontinue fire hydrant testing;
(C) Reduced or discontinued irrigation of public landscaped areas;
(D) Implement measures to return all system components to full production capacity.
(3) Water use restrictions. Under threat of penalty for violation, the following water use
restrictions shall apply to all persons:
(A) Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation
systems shall be limited to Sundays and Thursdays for customers with a street address
ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water
customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation
of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and
between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation
of landscaped areas is permitted at any time if it is by means of a hand-held hose, a
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faucet -filled bucket or watering can of five (5) gallons or less, or a drip irrigation
system.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle is prohibited except on designated watering days between the hours of 12:00
midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. 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. Vehicle washing may be done at any time on
the immediate premises of a commercial carwash or commercial service station. 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.
(C) Use of water to fill, refill, or add to any indoor or outdoor swimming pools,
wading pools, or jacuzzi -type pools is prohibited except on designated watering days
between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00
midnight.
(D) 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 recirculation system.
(E) Use of water from hydrants shall be limited to firefighting, related activities, or
other activities necessary to maintain public health, safety, and welfare, except that use
of water from designated fire hydrants for construction purposes may be allowed under
special permit from the city.
(F) Use of water for the irrigation of golf course greens, tees, and fairways is
prohibited except on designated watering days between the hours 12:00 midnight and
10:00 a.m. and between 8 p.m. and 12:00 midnight. However, if the golf course utilizes
a water source other than that provided by the city, the facility shall not be subject to
these regulations.
(G) All restaurants are prohibited from serving water to patrons except upon request
of the patron.
(H) The following uses of water are defined as non-essential and are prohibited:
(i) Wash -down of any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard -surfaced areas;
(ii) Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
(iii) Use of water for dust control;
(iv) Flushing gutters or permitting water to run or accumulate in any gutter or
street; and
(v) Failure to repair a controllable leak(s) within a reasonable period after
having been given notice directing the repair of such leak(s).
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(d) Stage 3 response—Severe water shortage conditions.
(1) Goal. Achieve a twelve and one-half (12.5) percent reduction in total water demand.
(2) Supply management measures.
(A) All measures described for stage 2,
(B) Aggressively locate and repair major water main leaks and breaks.
(3) Water use restrictions. All requirements of stage 2 shall remain in effect during stage 3
except:
(A) Irrigation of landscaped areas shall be limited to designated watering days
between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00
midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation,
or permanently installed automatic sprinkler system only. The use of hose -end sprinklers
is prohibited at all times.
(B) The watering of golf course tees is prohibited unless the golf course utilizes a
water source other than that provided by the city.
(e) Stageponse—Critical water shortage conditions.
(1) Goal. Achieve a fifteen (15) percent reduction in total water demand.
(2) Supply management measures. All measures described in stages 2 and 3.
(3) Water use restrictions. All requirements of stage 2 and 3 shall remain in effect during
stage 4 except:
(A) Irrigation of landscaped areas shall be limited to designated watering days
between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00
midnight and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation
only. The use of hose -end sprinklers or permanently installed automatic sprinkler
systems is prohibited at all times.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle not occurring on the premises of a commercial carwash and commercial service
stations and not in the immediate interest of public health, safety, and welfare is
prohibited. Further, such vehicle washing at commercial carwashes and commercial
service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and
between 6:00 p.m. and 10:00 p.m.
(C) The filling, refilling, or adding of water to swimming pools, wading pools, and
jacuzzi -type pools is prohibited.
(D) 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 recirculation system.
(E) No application for new, additional, expanded, or increased -in -size water service
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connections, meters, service lines, pipeline extensions, mains, or water service facilities
of any kind shall be approved, and time limits for approval of such applications are
hereby suspended for such time as this drought response stage or a higher -numbered
stage shall be in effect.
(F) The use of water for construction purposes from designated fire hydrants under
special permit is to be discontinued.
(f) Stage 5 response—Emergency water shortage conditions.
(1) Goal. Achieve a thirty (30) percent reduction in total water demand.
(2) Supply management measures. All measures described in stages 2, 3, and 4.
(3) Water use restrictions. All requirements of stage 2, 3, and 4 shall remain in effect during
stage 5 except:
(A) Irrigation of landscaped areas is absolutely prohibited.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle is absolutely prohibited.
(C) All water usage except that required to protect the public health, safety, and
welfare is prohibited.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(i)—(n); Ordinance 08-040, sec. 30, adopted 5/13/08)
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.010 Enforcement
(a) No person shall knowingly or intentionally allow the use of water from the city for residential,
commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any
provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect
at the time pursuant to action taken by the city manager, or his/her designee, in accordance with
provisions of this plan.
(b) Any person who violates this plan is guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand
dollars ($2000.00). Each day that one or more of the provisions in this plan is violated shall constitute a
separate offense. If a person is convicted of three (3) or more distinct violations of this plan, the city
manager shall, upon due notice to the customer, be authorized to discontinue water service to the
premises where such violations occur. Services discontinued under such circumstances shall be restored
only upon payment of a reconnection charge, hereby established at seventy-five dollars ($75.00), and any
other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to
the city manager that the same action shall not be repeated while the plan is in effect. Compliance with
this plan may also be sought through injunctive relief in the district court.
(c) Any person, including a person classified as a water customer of the city, in apparent control of the
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property where a violation occurs or originates shall be presumed to be the violator, and proof that the
violation occurred on the person's property shall constitute a rebuttable presumption that the person in
apparent control of the property committed the violation, but any such person shall have the right to show
that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of
their minor children, and proof that a violation, committed by a child, occurred on property within the
parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any
such parent may be excused if he/she proves that he/she had previously directed the child not to use the
water as it was used in violation of this plan and that the parent could not have reasonably known of the
violation.
(d) Any employee of the city, police officer, or other city employee designated by the city manager
may issue a citation to a person he/she reasonably believes to be in violation of this article. The citation
shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known,
and the offense charged, and shall direct him/her to appear in the city municipal court on the date shown
on the citation, for which the date shall not be less than three (3) days nor more than ten (10) days from
the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the
citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of
a violator, or to a person over fourteen (14) years of age who is a member of the violator's immediate
family or is a resident of the violator's residence. The alleged violator shall appear in the city municipal
court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to
appear in the city municipal court, a warrant for his/her arrest may be issued. A summons to appear may
be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in
municipal court before all other cases.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(o))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.011 Variances
(a) The city manager, or his/her 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:
(1) 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.
(2) Alternative methods can be implemented which will achieve the same level of reduction
in water use.
(b) Persons requesting an exemption from the provisions of this article shall file a petition for variance
with the city within five (5) days after the plan or a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include
the following:
(1) Name and address of the petitioner(s).
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(2) Purpose of water use.
(3) Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 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 the petitioner
complies with this article.
(5) Description of the relief requested.
(6) Period of time for which the variance is sought.
(7) 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.
(8) Other pertinent information_
(c) Variances granted by the city manager shall be subject to the following conditions, unless waived
or modified by the city manager or his/her designee:
(1) Variances granted shall include a timetable for compliance.
(2) Variances granted shall expire when the plan is no longer in effect, unless the petitioner
has failed to meet specified requirements.
(d) No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the
issuance of the variance.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(p))
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN*
Sec. 22.06.012 Application of plan to wholesale customers of city water system
(a) Pro rata water allocation. In the event that the triggering criteria specified in section 22.06.008(3)
of the plan for stage 3 severe water shortage conditions have been met, the city manager is hereby
authorized to 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:
(1) 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 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
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.
(2) 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
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wholesale water customer's billing history is less than five (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.
(3) 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 TCEQ upon initiation of pro rata water allocation.
(4) Upon request of the customer or at the initiative of the city manager the allocation may
be reduced or increased if:
(A) The designated period does not accurately reflect the wholesale customer's
normal water usage;
(B) The customer agrees to transfer part of its allocation to another wholesale
customer; or
(C) 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.
(b) 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:
(1) One hundred ten (I 10) percent of the normal water charge for water diversions and/or
deliveries in excess of the monthly allocation up through five (5) percent above the monthly
allocation.
(2) One hundred twenty (120) percent of the normal water charge for water diversions
and/or deliveries in excess of the monthly allocation from five (5) percent through ten (10)
percent above the monthly allocation.
(3) One hundred fifty (150) percent of the normal water charge for water diversions and/or
deliveries in excess of the monthly allocation from ten (10) percent through fifteen (15)
percent above the monthly allocation.
(4) Two (2) times the normal water charge for water diversions and/or more than fifteen
(15) percent above the monthly allocation.
(5) The above surcharges shall be cumulative.
(c) Variances.
(1) The city manager, or his/her designee, may, in writing, grant a temporary variance to the
pro rata water allocation policies provided by 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.
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(B) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
(2) Persons requesting an exemption from the provisions of this plan shall file a petition for
variance with the city manager within five (5) days after pro rata allocation has been invoked.
All petitions for variances shall be reviewed 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 article;
(C) Description of the relief requested;
(D) Period of time for which the variance is sought;
(E) Alternative measures the petitioner is taking or proposes to take to meet the intent
of this plan and the compliance date;
(F) Other pertinent information.
(3) Variances granted by the city shall be subject to the following conditions, unless waived
or modified by the city 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.
(Ordinance 01-058, sec. 1, adopted 7/31 /01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(q); Ordinance 08-040, sec. 30, adopted 5/13/08)
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