HomeMy WebLinkAboutOrd 2024-4024_Adopting Drought Contingency PlanORDINANCE NO.2024 - 4024
AN ORDINANCE ADOPTING A DROUGHT CONTINGENCY PLAN FOR THE CITY
OF LA PORTE, TEXAS, AND AMENDING CHAPTER 74 "UTILITIES" OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY CREATING NEW
ARTICLE IV "DROUGHT CONTINGENCY PLAN"; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
Section 1. Chapter 74, "Utilities" of the Code of Ordinances of the City of La Porte, Texas, is
hereby amended by adding new Article IV "Drought Contingency Plans", which article shall
hereinafter read as follows, to wit:
"ARTICLE IV. — DROUGHT CONTINGENCY PLANS
DIVISION 1. —CITY OF LA PORTE DROUGHT CONTINGENCY PLAN
Sec. 74--350 - Declaration of policy, purpose and intent.
(a) This article may be referred to as the drought contingency plan (the plan) and is adopted 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.
(b) Water uses regulated or prohibited under this drought contingency plan are considered to be
nonessential and continuation of such uses during times of water shortage or other emergency water
supply condition are deemed to constitute a waste of water which subjects an offender to the penalties
described in this article.
Sec. 74-351. - Application.
This drought contingency 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.
Sec. 74-352 - Drought Contingency Plan Adopted
A. INTRODUCTION
Drought, or a number of other uncontrollable circumstances, can disrupt the normal availability of
community or utility water supplies. Even though a city may have an adequate water supply, the
supply could become contaminated, or a disaster could destroy the supply. System treatment,
storage, or distribution failures can also present a city or utility with an emergency demand
management situation.
It is important to distinguish drought contingency planning from water conservation planning.
While water conservation involves implementing permanent water use efficiency or reuse practices,
drought contingency plans establish temporary methods or techniques designed to be used only as
long as an emergency exists.
The City of La Porte is required by Title 30 Texas Administrative Code, Chapter 288, as amended, to
develop, update and maintain a Drought Contingency Plan.
The intent of this Drought Contingency Plan is to institute temporary measures to minimize the
adverse impacts of water supply shortage from supply source contamination, distribution system
limitations, failure of equipment, or other water supply emergency conditions. The Plan defines
procedures to manage and conserve the available water supply with particular regard for domestic
water use, sanitation and fire protection.
REQUIRED ELEMENTS
1. Public Involvement
2. Trigger Conditions to begin and end each stage
3. Specific Targets for Water Use Reduction
4. Drought Stages and Notification Procedures
S. Information and Education
6. Implementation
7. Coordination with Regional Water Planning Groups
8. Enforcement
9. Variances
10. Plan Review and Update
B. PUBLIC INVOLVEMENT
Opportunity for the public to provide input into the revisions of the drought plan will be provided by
the City by means of notice of a regularly scheduled City Council meeting. Notice of meetings and
agenda topics are provided on the city website and in the local newspaper in advance of the meeting
date.
C. 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.
City: City of La Porte, Texas
Commercial and institutional water use: water use which is integral to the operations of commercial and
non-profit 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 orwaste 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 of LaPorte.
Domestic water use: water use for personal needs or for household or sanitary purposes such as
drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or
institution.
Even number 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.
Landscape 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 neither essential nor required for the protection of public,
health, safety, and welfare, including:
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise
provided under this Plan;
(b) use of water to wash any motorvehicle, motorbike, boat, trailer, airplane or other vehicle;
(c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or
other hard -surfaced areas;
(d) use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(a) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools orjacuzzi-type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to
support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s); and
(i) 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.
D. SYSTEM CONSTRAINTS
The La Porte Area Water Authority is composed of three (3) entities -the cities of La Porte, Morgan's
Point, and Shoreacres. The Authority purchased production capacity from the City of Houston's
Southeast Water Purification Plant. In addition, the Authority purchased pumping capacity, or
peaking capacity, at 1.25 times the production capacity. Listed below is the production and pumping
capacity for each entity, together with total capacity.
CUSTOMER
PRODUCTION CAPACITY(MGD)
PUMPING CAPACITY(MGD)
La Porte
6.925
8.65625
Morgan's Point
0.550
0.68750
Shoreacres
0.325
0.40625
TOTAL
7.800
9.75000
In addition, each entity has the ability to supply its entire water supply through groundwater
production from wells. After 1990, the Harris -Galveston Coastal Subsidence District decreed that
no more than ten per cent (10%) of each entity's yearly water production can be produced from
groundwater. Although additional pumping capacity is planned for peak purposes, groundwater
production will be utilized for peaking purposes whenever possible.
Temporary reductions or disruptions in surface water supply can be offset by increased groundwater
withdrawals. Careful monitoring and management of groundwater withdrawal is necessary to avoid
exceeding the yearly ten percent (10%) limit.
Long-term reductions or disruptions in surface water supply would require special permission from
the Harris -Galveston Coastal Subsidence District to exceed allowable groundwater withdrawal. It is
anticipated that conservation measures would be required by the Harris -Galveston Coastal
Subsidence District to allow increased groundwater withdrawal.
The City Manager or his/her designee shall monitor water supply and demand conditions on a weekly
basis and shall determine when conditions warrant initiation or termination of each stage of the Plan.
The trigger conditions described below reflect system capacity limits and are based on a seven (7) day
average daily demand and include the permitted withdrawal of groundwater.
1. Mild Conditions (Staee 1)
a. Water demand approaching 6,665,000 gallons/day(70% of the pumping capacity owned
by the Authority at the Southeast Water Purification Plant plus allowed groundwater
withdrawal).
Or,
b. Production at the Southeast Water Purification Plant reduced to a point such that the
aggregate surface water demand of the Authority is 70% of the reduced pumping
capacity.
c. Stage 1 may be rescinded when the trigger conditions have ceased to exist. Rescinding
any level of the Plan is at the discretion of the City Manager.
2. Moderate Conditions (Stage 21
Water demand approaching 7,618,000 gallons/day (80% of the pumping capacity owned
by the Authority at the Southeast Water Purification Plant plus allowed groundwater
withdrawal).
Or,
b. Production at the Southeast Water Purification Plant reduced to a point that the
aggregate demand of the Authority is 80%of the reduced pumping capacity.
c. Stage 2 may be rescinded when the trigger conditions have ceased to exist. Upon
termination of Stage 2, Stage 1 becomes operative. Rescinding any level of the Plan is at
the discretion of the City Manager.
3. Severe Conditions (Stage 3)
Water demand approaching 8,570,000 gallons/day (90% of the pumping capacity
owned by the Authority at the Southeast Water Purification Plant plus allowed
groundwater withdrawal).
Or,
b. Production at the Southeast Water Purification Plant reduced to a point such that the
aggregate surface water demand of the Authority is 90% of the reduced pumping
capacity.
c. Stage 3 may be rescinded when the trigger conditions have ceased to exist. Upon
termination of Stage 3, Stage 2 becomes operative. Rescinding any level of the Plan is
at the discretion of the City Manager.
4. Critical Conditions (Stage 4)
a. Surface water demand exceeds 8,656,000 gallons/day.
Or,
b. Production at the Southeast Water Purification Plant reduced to a point such that the
aggregate surface water demand of the Authority exceeds the reduced production,
including complete failure of the plant to produce any water.
Or,
c. Disaster or damage causing system failure in the City of La Porte water system that
significantly curtails available water supply.
d. Stage 4 may be rescinded when the trigger conditions have ceased to exist. Upon
termination of Stage 4, Stage 3 becomes operative. Rescinding any level of the Plan is at
the discretion of the City Manager.
F. DROUGHT STAGES AND NOTIFICATION PROCEDURES
The following actions shall be taken by the City when Trigger conditions are reached:
1. Mild Conditions (Stage 1)
a. Inform the public through available media sources that a trigger condition has been
reached, and that they should look for ways to voluntarily reduce water use. Specific
steps which can be taken will be provided through the notification elements noted in
Section H.
b. Update drought plan status with Texas Commission on Environmental Quality. Utilize
current electronic reporting method or other methods as directed by TCEQ.
c. Notify major commercial and industrial water users of the situation and request voluntary
conservation efforts.
d. Publicize the following voluntary lawn watering schedule:
Customers with even numbered street addresses may water on even numbered days of
the month. Customers with odd numbered street addresses may water on odd
numbered days of the month. Watering shall only occur between the hours of 6-10 a.m.
and 6-10 p.m.
e. During winter months, request water users to insulate pipes rather than running water
to prevent freezing.
2. Moderate Conditions (Stage 21
a. Continue implementation of all relevant actions in preceding phase.
b. Mandatory Restrictions on non —essential water uses shall be implemented:
Residential car washing, window washing, or pavement washing shall only occur between
the hours of 6-10 a.m. and 6-10 p.m. This will not apply to commercial window/ pavement
cleaning activities or commercial car wash facilities. This restriction will not apply when
washing commercial vehicles are necessaryfor public health and welfare, such as garbage
trucks, refuse containers or transporters of food or perishable items.
c. The following mandatory lawn watering schedule shall be implemented:
Customers with even numbered street addresses may water on even numbered days of
the month. Customers with odd numbered street addresses may water on odd
numbered days of the month. Watering shall only occur between the hours of 6-10 a.m.
and 6-10 p.m. This will not apply to landscape irrigation by use of drip irrigation systems,
reclaimed water or watering with a bucket.
d. Notification shall be made to the Executive Director of the Texas Commission on
Environmental Quality, within 5 business days of the implementation of any mandatory
provisions of the Drought Contingency Plan.
e. Update drought plan status with Texas Commission on Environmental Quality. Utilize
current electronic reporting method or other methods as directed by TCEQ.
3. Severe Conditions (Stage 3)
a. Continue implementation of all relevant actions in preceding phase;
b. The following public water uses, not essential for public health or safety, are prohibited:
1. Street, sidewalk or driveway washing
2. water hydrant flushing
3. filling pools
4. athletic field watering
S. aesthetic water uses
c. Notification shall be made to the Executive Director of the Texas Commission on
Environmental Quality, within 5 business days of the implementation of any mandatory
provisions of the Drought Contingency Plan.
d. Update drought plan status with Texas Commission on Environmental Quality. Utilize
current electronic reporting method or other methods as directed by TCEQ.
4. Critical Conditions (Stage 4)
a. Continue implementation of all relevant actions in preceding phase.
b. Petition the Harris -Galveston Coastal Subsidence District for appropriate increase in
allowable groundwater withdrawal.
c. Ration or terminate water service to selected portions of the system according to the
following order:
1. Services that serve landscape irrigation only or aesthetic uses
2. Non- residential customers outside the city limits in compliance with the provisions
of individual water service agreements
3. Industrial/ Institutional Users
4. Commercial Users
S. Residential Users
6. Public Health and Safety Facilities
d. Notification shall be made to the Executive Director of the Texas Commission on
Environmental Quality, within 5 business days of the implementation of any mandatory
provisions of the Drought Contingency Plan.
e. Update drought plan status with Texas Commission on Environmental Quality. Utilize
current electronic reporting method or other methods as directed by TCEQ.
f. Activation of the LaPorte EOC maybe authorized by the City Manager at this time.
G. SPECIFIC TARGETS FOR WATER USE REDUCTION
a. Mild Condition Goal —To achieve a voluntary 10 percent reduction in daily water use.
b. Moderate Condition Goal -To achieve a 15 percent reduction in daily water use.
c. Severe Condition Goal -To achieve a 25 percent reduction in daily water use.
d. Critical Condition Goal —To achieve a 30 percent reduction in daily water use.
H. INFORMATIONADUCATION
The purpose and effect of the Drought Contingency Plan will be communicated to the public through
a notice in a local newspaper, City of La Porte website, and other media outlets such as marquee
message boards, text messages, social media, and programmed phone alerts regularly utilized by the
City of La Porte.
Throughout the period of a trigger condition, regular updates will appear in the various media outlets
referenced herein to explain and educate the public on the purpose, cause, and methods of
conservation for that condition.
When a trigger condition is reduced or expired, the same media outlets used for notification will be
utilized to update the public.
IMPLEMENTATION
The plan shall be implemented by Ordinance of the City Council of the City of La Porte. Included in
the adoption instrument will be individual trigger conditions for the city. A copy of the adoption
vehicle is found in Appendix A.
J. COORDINATION WITH REGIONAL WATER PLANNING GROUPS
The City of La Porte is located within Region H of the regional water planning area. The City of La
Porte has provided a copy of this Drought Contingency Plan to the Texas Commission on
Environmental Quality, Texas Water Development Board and Region H.
K. ENFORCEMENT
No person shall knowingly or intentionally allow the use of water from the City for residential,
commercial, industrial or any other purpose in a manner contrary to any provision of the plan, or in
an amount in excess of that permitted by the drought response stage in effect.
First time offenders of the ordinance shall be issued a written warning. Any City employee
designated by the City Manager may issue a written warning to a person he/she reasonably believes
to be in violation of the drought restrictions in effect. The written warning shall be prepared in
duplicate and include the date, name and address of the alleged violator and the nature of the
violation.
Any person who violates this plan after they have received one written warning shall be notified that
the water service will be terminated. Services discontinued under such circumstances shall be
restored only upon payment of the normal reconnection fees currently in effect at the time of the
violation.
The City of La Porte may establish fines for enforcement of the Drought Contingency Plan as needed.
L. VARIANCES
1. The City Manager, or his/her designee, may, in writing, grant temporary variance for existing
water uses otherwise prohibited underthis Plan if it is determined that failure to grant such variance
would cause an emergency condition adversely affecting the health, sanitation, orfire protection for
the public or the person requesting such variance and if one or more of the following conditions are
met:
(a) Compliance with this Plan cannot be technically accomplished during the duration of the
water supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of reduction in
water use.
2. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for
variance with the city within 5 days after the Plan or a particular drought response stage has been
invoked. All petitions for variances shall be reviewed by the Director of Public Works, or his/her
designee, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief.
(d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner
or what damage or harm will occur to the petitioner or others if petitioner complies with this
Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or
proposes to take to meet the intent of this Plan and the compliance date.
(h) Other pertinent information.
3. Variances granted by the City shall be subject to the following conditions, unless
waived or modified by the City Manager or his/her designee:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect.
(c) No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior
to the issuance of the variance.
M. PLAN REVIEW AND UPDATE
Once a year, the City will examine the production requirements and ability to maintain these
requirements to determine if trigger conditions need to be reestablished. Consideration should be
given to the city's usage in relation to the aggregate usage, and any anticipated increase in production
at the Southeast Water Purification Plant. The City of LaPorte will review and update the plan every
five years to coincide with the regional water planning group. (Reference: Title 30 TAC Chapter
288.20(c))
Revision Schedule:
March 2024
March 2029
March 2034
Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance,
or the application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their
application to other persons or sets of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
vividness or invalidity of any other portion hereof, and all provisions ofthis ordinance are declared
to be severable for that purpose.
Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, and that this meeting has been
open to the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contacts and posting thereof.
Section 5. This Ordinance shall he effective its passage and approval.
PASSED AND APPROVED, this the 11A ihday of l)&"r , 2024.
CITY OF LA PORTE,
UM
Lee
City
APPROVED AS TO
i / r.G T_ ff dui
Clark T. Askins
City Attorney
Mayor