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Home My WebLink AboutO-1987-1535 . e ORDINANCE NO. l535 AN ORDINANCE ADOPTING A CONSERVATION PLAN AND DROUGHT CONTINGEN- CY PLAN FOR THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS: PROVIDING A SEVERABILITY CLAUSE: REPEALING ALL CITY OF LA PORTE ORDINANCES IN CONFLICT HEREWITH; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF: WHEREAS, the La Porte Area Water Authority (hereinafter called lithe Authority") is in the process of issuing its revenue bonds for purchase of capacity in the City of Houston Southeast Water Purification Plant, and also is designing and constructing a transportation and distribution system that will service the cities of La Porte, Shoreacres, and Morgan's Point and the Bayshore Municipal Utility District, all entities that are located in Harris County, Texas; and WHEREAS, the Texas Water Development Board (hereinafter referred to as "the Board") has committed to purchase the bonds from the La Porte Area Water Authority subject to the Authority's complying with various rules and regulations; and WHEREAS, the Boards rules require that the Authority adopt a Water Conservation and Drought Contingency Plan which has been approved by the Executi ve Director of the Board; and WHEREAS, the City of La Porte, the City of Morgan's Point, the City of Shoreacres, and Bayshore Municipal Utility District, are, simultaneously adopting similar Water Conservation and Drought Contingency Plans; and WHEREAS, the City has (through the auspices of the Authori- ty) previously submitted to the Board a proposed Water Coserva- tion and Drought Contingency Plan which has been reviewed and commented upon by the Board, the City, and the Authority have made certain required changes therein and adopted certain additional ordinances related thereto as required by the Board, most particularly relating to water conserving plumbing codes, and other water conservation measures; and . . Ordinance No. lS35 , Page 2. WHEREAS, the City Council of the City of La Porte, Harris County, Texas now desires to evidence its approval of the Water Conservation and Drought Contingency Plan and adopt such Plan as an official policy of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1: Approval of Plan. City Council hereby approves and adopts as the City's Water Conservation Plan the Water Conservation and Drought Contingency Plan attached to the contract between the City and the La Porte Area Water Authority, attached hereto as Exhibit "A", to be included in full as a part of this ordinance as if recited verbatim herein. The Ci ty commits to implement the program according to procedures set forth in the adopted plan. Section 2. In regards to implementation and enforcement of the Water Conservation and Drought Contingency Plan, the general manager of the La Porte Area Water Authority is designated as the official responsible for the overall implementation and enforcement of the Water Conservation and Drought Contingency Plan of the La Porte Area Water Authority, which includes, by incorporation, the Water Conservation and Drought Contingency Plans of the cities of La Porte, Morgan's Point, and Shoreacres, and the Water Conservation and Drought Contingency Plan of the Bayshore Municipal Utility District. Further, for the City of La Porte, the City Manager is designated as the official responsible for implementation and enforcement of the Water Conservation and Drought Contingency Plan for the City, and in direct connection therewith, the following guidelines are hereby adopted: a. Mild Conditions: Seven day average surface water demand approaching 80% of the Pumping Capaci ty owned by . . Ordinance No. l535 , Page 3 the Authority at the Southeast Water Purification Plant or production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 80% of said reduced pumping capacity. In the event that the seven day average surface water demand is approaching 80% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant, each entity's trigger condition is as follows: i. Participant La Porte - Morgan's Point - Shoreacres - Bayshore Municipal Gallons per day 3,500,000 l80,000 200,000 Utility District - 320,000 La Porte Area Water Authority Total - 4,200,000 b. Moderate Conditions: Seven day average surface water demand approaching 90% of the Pumping Capacity owned by the Authority at the Southeast Water Purification Plant or production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 90% of said reduced pumping capacity. In the event that the seven day average surface water demand is approaching 90% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant, each entity's trigger condition is as follows: i. Participant La Porte - Morgan's Point - Shoreacres - Bayshore Municipal Gallons per day 3,937,500 202,500 225,000 Utility District - 360,000 La Porte Area Water Authority Total - 4,725,000 c. Severe Conditions: Seven day average surface water demand approaching 100% of the Pumping Capacity owned by the Authority at the Southeast Water Purification Plant or production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is lOO% of said reduced pumping capacity. In the event that the seven day average surface water demand is approaching 100% of the pumping capacity owned by the Authority at the Southeast Water Purification Plant, each entity's trigger condition is as follows: i. Participant La Porte - Morgan's Point - Shoreacres - Bayshore Municipal Gallons per day 4,375,000 225,000 250,000 Utility District - 400,000 La Porte Area Water Authority Total - 5,250,000 d. Critical Conditions: Seven day average surface water demand exceeds 100% of the Pumping Capacity owned by the Authority at the Southeast Water Purification Plant or production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority exceeds the reduced pumping capacity, . . Ordinance No. l535 , Page 4 including a complete failure of the plant to produce any water. In the event that the seven day average surface water demand exceeds the pumping capacity owned by the Authority at the Southeast Water Purification Plant, each entity's trigger condition is as follows: i. Participant La Porte - Morgan's Point - Shoreacres - Bayshore Municipal Gallons per day 4,375,000 225,000 250,000 Utility District - 400,000 La Porte Area Water Authority Total - 5,250,000 Section 3. In regards to implementation and enforcement of the Water Conservation and Drought Contingency Plan, an Emergency Management Program as described herein is hereby undertaken and adopted by the City of La Porte as its official Emergency Management Program for the Water Conservation and Drought Contingency Plan for the City of La Porte. When the appropriate trigger conditions described in Section 2 above exist, the Emergency Management Program outlined in Section D of the Drought Contingency Plan of the La Porte Area Water Authority, included in Exhibit A, attached hereto and fully incorporated by reference herein, are hereby adopted and author- ized. Section 4. Users of City water, except for the City, that do not comply with Section 3 of this ordinance shall be subject to a penalty and fine of not less than $200.00 per day for each day of non-compliance to be established by City Council. In addition, disconnection or discontinuance of water services to such users may, at the discretion of the Council, be implemented immediately. Section 5. 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 . . Ordinance No. 1535 , Page 5 this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 contents and posting thereof. Section 6. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. PASSED AND APPROVED this the 6th day of April , 1987. CITY OF LA PORTE BY~4~ Nor Malone, ayor ATTEST: e~~ Cherie Black, City Secretary