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HomeMy WebLinkAboutORD 19-074ORDINANCE NO. 19-074 ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.06, SECTION 22.06.012 OFTHE CODE OF ORDINANCES OF BEAUMONT, TEXA ' S, PERTAINING TO THE APPLICATION OF THE DROUGHT CONTINGENCY PLAN AS IT RELATES TO WHOLESALE CUSTOMERS OF THE CITY WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Article 22.06, Section 22.06.12 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: 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) The City of Beaumont will include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, §11.039. 1 (2) 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. (3) 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 1995-2-000 calendar year period. If the 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 forwhich no billing history exists. (4) 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. (5) 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. 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 all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. The meeting at which this ordinance,was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of November, 2019. r or Ui. ayor Beck y Ames -