HomeMy WebLinkAboutOrdinance - 2006-O0075 - Amending Chapt. 28 With Regard To City Water Use Managment Plan; Drought - 06/26/2006irst Reading
une 26, 2006
Item No. 6.7
ORDINANCE NO. 2006--00075
Second Reading
July 10, 2006
Item No. 5.7
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE CITY OF
LUBBOCK WATER USE MANAGEMENT PLAN -DROUGHT AND EMERGENCY
CONTINGENCY PLAN AND WATER CONSERVATION PLAN; TO PROMOTE
WISE AND RESPONSIBLE USE OF WATER; PROVIDING FOR TARGET GOALS;
SUPPORTING STRUCTURAL CONSERVATION PROGRAMS, AND RECLAIMED
WATER REUSE PROGRAMS; PROVIDING FOR ADMINISTRATIVE CHANGES;
PROVIDING FOR SUPPORT OF EDUCATIONAL PROGRAMS; ESTABLISHING
CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING
RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR
SHORTAGES; PROVIDING A PENALTY FOR EACH DAY OF NON-COMPLIANCE
AND/OR DISCONTINUANCE OR DISCONNECTION OF WATER SERVICE FOR
NON-COMPLIANCE WITH THE PROVISIONS OF THE WATER USE
MANAGEMENT PLAN -DROUGHT AND EMERGENCY CONTINGENCY PLAN
AND WATER CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND
ORDAINING OTHER MATTERS RELATED TO THE FOREGOING.
WHEREAS, the City of Lubbock, Texas (the "City"), recognizes that the amount
of water available to the City and its water utility customers is limited:
WHEREAS, the City recognizes that due to natural limitations due to drought
conditions, systems failures and other acts of God which may occur, the City cannot
guarantee an uninterrupted water supply for all purposes at all times;
WHEREAS, applicable law and the regulations of the Texas Commission on
Environmental Quality require that the City adopt a Water Use Management Plan -
Drought and Emergency Contingency Plan and Water Conservation Plan (the "Water Use
Management Plan");
WHEREAS, the City has determined there is an urgent need in the best public
interest of the City to adopt the Water Use Management Plan; and
WHEREAS, the City adopted by Ordinance Number 2004-00040, dated on
second reading April 6, 2004, a Drought and Emergency Contingency Plan; and by
Ordinance Number 2004-00041, dated on second reading April 6, 2004, a Water
Conservation Plan, Section 28-1, Code of Ordinances of the City of Lubbock, and is now
desiring to amend Section 28-1 of the Code of Ordinances of the City of Lubbock, and
adopt, the Water Use Management Plan; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 28-1 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
(a) The City Council hereby approves and adopts the City of Lubbock Water
Use Management Plan -Drought and Emergency Contingency Plan and Water
Conservation Plan, as set forth below in Section 28-1 (b ). The City commits to
implement the program according to the procedures set forth in the adopted Plan.
(b) The pmpose of the Water Use Management Plan is to promote the wise and
responsible use of water. to enhance the sustainability oflong term water supplies,
and to minimize the adverse impacts of water supply emergencies by providing
and supporting public information and education programs that encourage
customers to voluntarily pursue water conservation and protection measures in
both residential and business activities; by developing, maintaining, and enforcing
water management policies and ordinances; by implementing structural programs
that result in quantifiable water conservation results; and by implementing a
drought/emergency contingency plan when necessary to ensure adequate water
supplies for public health and safety.
The City of Lubbock (the "City'') is the eleventh largest city in the State of
Texas and the largest city in West Texas. The City's population for 2005 is
estimated at 211,187 and is projected to reach 216,116 by 2010. Lubbock is
situated in a semi-arid region that requires more water per capita for landscape
irrigation than many parts of the State. Evidence of landscape irrigation demand
is apparent when comparing the average winter usage of 135 gallons per capita
per day (gpcd) to the average summer usage of 227 gpcd. Water use is also
impacted by rainfall as evidenced during a hot, dry day when water consumption
has reached 428 gpcd and during a wet, rainy day when consumption was as low
as 115 gpcd.
The City utilizes a record management system which tracks water pumped,
water delivered, water sales and water losses. This information is used to evaluate
the integrity of the water distribution system and can be used to segregate water
use into residential, commercial, irrigation, and public and institutional. The
City's water customers are predominately residential and commercial. Water use
by each of the classes is as follows: 62.0% residential, 21.0% commercial, 8.0%
irrigation, 6.0% public and institutional.
The City, in each wholesale contract entered into or renewed from and
after the date of the adoption of this Water Use Management Plan, (1) requires
every wholesale water customer to develop and implement a water conservation
plan or other water conservation measures, as well as a drought or emergency
contingency program for responding to reductions in water supply; and (2)
provides that in case of a shortage of water resulting from drought, water shall be
allocated in accordance with Texas Water Code,§ 11.039.
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The City's primary source of water is the Canadian River Municipal Water
Authority (CRMWA) which delivers raw water from its Lake Meredith reservoir,
located about 165 miles north of Lubbock on the Canadian River and the John C.
Williams Groundwater Well Field, located in Roberts County about 35 miles east
of Lake Meredith. Typically, CRMW A provides approximately 85 percent of the
City's water supply needs, with the balance being supplied by well water from the
City's Bailey County Well Field which source as the name suggests is located
primarily in Bailey CoWity.
Surface water and the groundwater originating from CRMW A are treated
at the Lubbock Water Treatment Plant (the "Plant"). The Plant's capacity is 75
million gallons daily (mgd). Because the City treats water for seven other
CRMW A member cities, the City's portion of the treatment capacity is 62.0 mgd.
Water treatment processes include disinfection, coagulation, taste and odor
control, flocculation, sedimentation, filtration and, as necessary, post-disinfection.
The City's Bailey County groWidwater supply requires minimal treatment
( chlorination) before introduction into the distribution system. Present short-term
capacity for water production, using all sources including storage, is 103 mgd.
The Plant has a 1,200 acre-feet open storage reservoir, which enables the
storage of raw water during non-peak periods for use during peak periods and
emergencies. The Plant also has 8.5 million gallons clear well storage for treated
water. In addition, thirteen ground storage reservoirs and five elevated steel
storage tanks provide storage capacity of 66,700,000 gallons. The water
distribution system extends throughout Lubbock with 1,373 miles of lines and is
designed for expansion.
With two supply sources and the water storage reservoir, the City can
address emergencies that might impact the CRMW A supply source or the Bailey
County Well Field supply source. Both the CRMW A and the Bailey County Well
Field supply lines can provide about 40 mgd of water. Winter use can be met with
about 26 mgd while summer peak demands have reached over 80 mgd. With this
in mind, the City can meet the water demands for essential needs and some
irrigation use with just one supply source if some water use restrictions are
initiated on outside watering of grass and other plant material.
Using meters that meet at least the minimum standards developed by the
American Water Works Association and with metering accuracy range plus or
minus 5%, the City individually meters all water usage, except water utilized for
fire protection. Combined with an aggressive leak detection and repair program
and a computerized billing system, the City's universal metering program has a
water delivery accuracy rate of 95 percent, which is well above the national
standard of 90 percent.
Page 3 of 16
The City also talces steps to monitor and audit its water system for water
loss in an effort to conserve water, manages a replacement program for old water
lines that are prone to leaks and brealcs, investigates customer complaints of low
pressure and possible leaks, visually inspects suspected leaks, and tracks water
delivery to customers to detennine illegal connections and abandoned service
lines.
The Lubbock City Council and the Lubbock Water Advisory Commission
approved a water planning statement that identified three major alternatives for
providing a 100-year water supply. The major alternatives included: (1) Lake
Alan Henry, which could provide about 22,000 acre-feet (AF) annually or 25
mgd; (2) additional groundwater from CRMW A, which could provide 40,000 AF
annually or about 40 mgd; and (3) recycled water from stonn water and from
wastewater effluent that is treated to stream discharge quality, and this source
could provide 20,000 AF annually or about 20 mgd.
Lake Alan Henry is located about 65 miles southeast of Lubbock. A water
transmission line, pump stations, and a water treatment facility will be necessary
to bring this water supply on line. The CRMW A well field is located about 185
miles north of Lubbock and will require the continued purchase of groundwater
rights, the continued development of the well field infrastructure, and the
construction of a water transmission line to deliver water to Lubbock. The
recycling of water would require the construction of Lakes 7 and 8 in the Canyon
Lake System for water storage and the construction of water transmission lines to
a water treatment facility.
The City's wastewater treatment system provides for the collection,
treatment, and disposal of wastewater. Wastewater is delivered to the Southeast
Water Reclamation Plant (SEWRP) through 900 miles of collection lines and 21
lift stations. The SEWRP treats approximately 7 .3 billion gallons of wastewater
each year or 23.0 mgd. Wastewater treatment processes include one bio-tower
process and two activated sludge processes. The SEWRP has an average daily
flow design capacity of 31.5 million gallons. Treated effluent is reused by
agricultural irrigation on the City's land application sites and as industrial cooling
water. A portion of the treated effiuent is also disposed of by discharge into the
North Fork of the Double Mountain Fork of the Brazos River at FM 400. The
City is designing and plans to construct SEWRP improvements that will bring all
treated effluent to stream discharge quality in order to make this a viable water
supply in the future.
The City's service area is located within the Llano Estacado Regional
Planning Area and the City has provided a copy of this plan to the Llano Estacado
Regional Planning Group to assure consistency with the regional water plan.
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The Water Use Management Plan is presented in the following main
sections: (b)(l) Water Conservation Plan, (b)(2) Drought and Emergency
Contingency Plan, and (b)(3) additional information and provisions to provide
definitions of water terminology and to meet legal requirements.
(1) Water Conservation Plan
The City of Lubbock encourages the voluntary conservation of water.
Conservation can help ensure that Lubbock citizens have water both now and in
the future. Conservation helps lower the amount of water used annually and the
amount of water needed to meet peak day water demands.
A community's water use is measured by dividing the average daily
amount of water consumed by the community by the number of residents in that
community. The measure results in the number of gallons of water used by a
community on a per capita per day basis (gpcd). The term does not represent how
much water each citizen uses daily. Instead, it represents how much each city
uses daily in relationship to the total number of citizens. The City's average is
190 gpcd while the average Lubbock citizen uses 103 gallons per day for home
use.
The City's average daily water usage of approximately 190 gpcd is slightly
higher than the state average of 167 gpcd. Notwithstanding the need for
irrigation, Lubbock citizens and businesses can reduce water usage by
implementing water conservation practices. The City's water conservation goals
are to:
• Reduce annual per capita water use to 180 gallons per person per day ( or by 5
percent) by the year 2011.
• Reduce annual per capita water use to 1 70 gallons per person per day ( or by 10
percent) by the year 2016.
• Reduce annual per capita water use to 160 gallons per person per day ( or by 15
percent) by the year 2020.
By establishing a standard for water conservation and by implementing
conservation practices, the City can ensure the sustainability of its long-term water
supply alternatives for generations to come.
The City has established goals, objectives and programs that support a
standard for water use. The City's Water Conservation Program is comprised of
five main strategies in the following order of priority: (1) administrative water
conservation efforts, (2) water use standards, (3) public education, (4)
enforcement, and ( 5) structural changes.
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The City will evaluate and implement certain administrative changes to
programs, policies, and rules that support water conservation efforts. In 1992, the
City moved from a declining block rate to a uniform block rate. The next step
proposed is to adopt an increasing block rate to further encourage conservation.
The increasing block rate structure under consideration is based on each
customer's individual average winter consumption. This contemplated rate
structure categorizes use into three blocks: (1) base use, (2) peak use, and (3)
excessive use. Water consumption becomes more expensive as a customer's
consumption moves from one block to the next. Other charges being considered
include seasonal rates and excessive use charges.
Other administrative changes may include the review and revision of city
codes to determine their affect on the use of water and active enforcement of
rules, codes, and regulations affecting water use.
In an effort to manage annual and maximum daily water use, the Water
Conservation Program establishes the water use standard for outdoor landscape
irrigation use as follows:
1. Landscape irrigation is allowed to occur between the hours of 6:00 p.m. -
10:00 a.m. from April 1 through September 30.
2. Summer irrigation should provide a maximum of 1.5 inches per zone per
week.
3. Winter irrigation may occur only when temperatures are above 35°F so as
not to cause a freezing hazard and should provide a maximum of 1.0 inch per
zone per month for dormant grasses (i.e., Bermuda) and 1.0 inch per zone every
two weeks for cool season grasses (i.e., Fescue).
4. Irrigation should occur without water runoff. This may be accomplished
by correctly cycling the sprinkler system and allowing time for the water to soak
into the landscape between irrigation events.
The City will support programs to educate the public regarding water
conservation activities that support its goals. This includes educating the general
public on the need for and practices of water conservation through public service
announcements, participation in home and garden shows, coordination efforts
with the Chamber of Commerce, West Texas Home Builders Association and
Lubbock Apartment Association, and presenting water conservation programs in
the Kindergarten through twelfth grade education system.
Structural changes that have been and may be adopted by the City are
those programs that result in a physical modification of water use devices or
practices, such as landscape design and maintenance, rain and freeze sensors on
automatic commercial irrigation systems, plumbing retrofit or rehabilitation
programs, controlling unaccounted-for water, and by reusing treated wastewater
Page 6 of 16
and storm water. It is the intent that these programs result in definable and
quantifiable water conservation.
As required by law, the City shall review and update, as appropriate, the
Water Conservation Program at least every five (5) years, based on, in part, an
assessment of the previous five year goals, new or updated information such as
the adoption or revision of the regional water plan, or changes in laws or
regulations.
Any water customer or other user of the City's water supply that violates
subsection (b )(1 ), the Water Conservation Plan, of this ordinance, shall be guilty
of a misdemeanor and subject to a penalty and fine as set forth in Section 1-4 of
the Code of Ordinances of the City of Lubbock for each day of non-compliance.
In addition, (i) service shall be discontinued to those customers who do not pay
their water bills until all required payments are made; and (ii) new water service
taps will be provided to new construction and new construction will be approved
only if such construction conforms to adopted ordinances.
(2) Drought and Emergency Contingency Plan
A number of situations may limit the City's ability to deliver a sufficient
amount of water to meet the demands of all customers. In those instances the City
will take steps to ensure that water is available for essential life and safety needs.
This Plan (herein so called) is designed to address the following situations:
• Reduction in available water supply up to a repeat of the drought of
record,
• Water production or distribution limitations (peak water supply),
• Supply source contamination, or
• System outages.
There are four stages to address drought and emergency conditions. Each
stage has triggers for initiation, for restrictions on water use to assist in reaching
water use reduction goals, and has provisions for rescinding the stage once the
conditions that caused the drought or emergency have ceased to exist. The stages
are defined as:
• Stage 1 -Mild Water Shortage Conditions
• Stage 2-Moderate Water Shortage Conditions
• Stage 3-Severe Water Shortage Conditions
• Stage 4 -Emergency Water Shortage Conditions
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The City Manager, or his/her designee, shall monitor water supply and
demand on a daily basis and shall, based on the objective criteria adopted by the
City Council in this Ordinance, determine when to initiate and terminate any stage
of this Drought and Emergency Contingency Plan. The requirements for initiation
are based upon an evaluation of the historical water system capacities and
customer use patterns, and consider the impact of drought, emergencies and high
use upon capacities and patterns. The water restrictions set forth for each Stage of
the Plan shall be applicable to the use of water obtained, in whole or part, from the
City of Lubbock.
Stage 1. Mild Water Shortage Conditions
It is anticipated, and it is the goal of the City, that water use during
implementation of Stage 1 be reduced to less than 90% of the City's maximum
daily supply capacity.
Stage 1 of the Plan shall be implemented if any of the following conditions arise:
• Maximum day water use exceeds 80% of the city's maximum daily supply
capacity for ten consecutive days.
• Water supply available from all sources is only sufficient to meet projected
needs.
• Water availability is adequate but lake water levels, reservoir capacities, or
groundwater supplies are low enough that some concern exists for future
water supplies if the drought or emergency condition continues.
The following restrictions shall apply:
• Landscape irrigation may occur only between the hours of 6:00 p.m. -
10:00 a.m. from April 1 -September 30.
• Landscape irrigation is restricted to two (2) days per week. The City
Manager, or his/her designee may, after notice to the citizens of the City of
Lubbock, designate irrigation schedules.
• Irrigation should provide a maximum of 1.5 inches per zone per week.
• Winter irrigation may only occur when temperatures are above 35°F so as
not to cause a freezing hazard and should provide a maximum of 1.0 inch
per zone per month for dormant grasses (i.e., Bermuda) and 1.0 inch per
zone every two weeks for cool season grasses (i.e., Fescue).
• Irrigation should occur without significant water runoff, which can be
accomplished by correctly cycling the sprinkler system and allowing time
for the water to soak into the landscape between irrigation events.
• All City of Lubbock operations will adhere to the water use restrictions.
Page 8 of 16
• Hand watering for landscape irrigation pwposes is allowed on a daily basis
regardless of the time of the year.
• New plant material may be irrigated on a more .frequent basis until the new
plant material is established.
Stage 1 restrictions may be rescinded when all initiation conditions have ceased to
exist as determined by the City Manager or his/her designee.
Stage 2 -Moderate Water Shortage Conditions
It is anticipated, and it is the goal of the City, that water use during
implementation of Stage 2 be reduced to less than 80% of the City's maximum
daily supply capacity.
Stage 2 of the Plan shall be implemented if any of the following conditions arise:
• Maximum day water use exceeds 90% of the City's maximum daily
supply capacity for ten consecutive days.
• Water supplies available from all sources are reduced by 5% to 10% below
projected needs.
• Water availability from lakes and groundwater is below normal and may
continue to decline and cause moderate concern for both current and future
water supplies; or water supplies have been reduced due to the failure of a
water supply system.
The following restrictions shall apply:
• Landscape irrigation may occur only between the hours of 6:00 p.m. -
10:00 a.m. from April 1 -September 30.
• Landscape irrigation is restricted to one day per week. The City Manager,
or his/her designee, after notice to the citizens of the City, may designate
an irrigation schedule.
• Irrigation shall provide a maximum of 1.5 inches per zone per week.
• Winter irrigation may only occur when temperatures are above 35°F so as
not to cause a freezing hazard and shall provide a maximum of 1.0 inch
per zone per month for dormant grasses (i.e., Bermuda) and 1.0 inch per
zone every two weeks for cool season grasses (i.e., Fescue).
• Irrigation shall occur without significant water runoff, which can be
accomplished by correctly cycling the sprinkler system and allowing time
for the water to soak into the landscape between irrigation events.
• Water customers will refrain from or significantly limit aesthetic and non-
essential water use. Water shall not be used to wash down hard surfaced
areas, including without limitation, sidewalks, parking lots, gutters and
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patios. Water shall not be used for dust control. However, water may be
used for road construction or to clean surfaces for painting. Pools and
Jacuzzi type pools may not be drained and refilled.
• All City of Lubbock operations will adhere to the water use restrictions.
• Hand watering for landscape irrigation purposes is allowed on a daily basis
regardless of the time of the year.
• New plant material may be irrigated on a more frequent basis until the new
plant material is established.
Stage 2 restrictions may be rescinded when all initiation conditions have ceased to
exist as determined by the City Manager or his/her designee. When Stage 2 is
terminated, Stage 1 automatically becomes effective.
Stage 3 -Severe Water Shortage Conditions
It is anticipated, and it is the goal of the City, that water use during
implementation of Stage 3 be reduced to less than 70% of the City's maximum
daily supply capacity.
Stage 3 of the Plan shall be implemented if any of the following conditions arise:
• Maximum day water use exceeds 100% of the City's maximum daily
supply capacity for five consecutive days.
• Water supplies available from all sources are reduced down by 10% or
more below projected needs.
• Water availability from lakes and groundwater is well below normal,
continue to decline and additional reductions in current or future water
supplies are evident; or water supplies have been reduced due to the failure
of one or more water supply systems.
The following restrictions shall apply:
• Irrigation shall occur without significant water runoff, which can be
accomplished by correctly cycling the sprinkler system and allowing time
for the water to soak into the landscape between irrigation events.
• Landscape irrigation shall not occur more than one day per month and not
for more than 1.5 inch per zone. The City Manager, or his/her designee,
may designate the irrigation schedule.
• Use of water from fire hydrants shall be limited to fire fighting or other
related activities necessary to maintain public health, safety and welfare.
Under the direction of the City Manager, use of water from fire hydrants
for construction purposes may be allowed by pennit.
• All City of Lubbock operations will adhere to the water use restrictions.
Page 10 of16
• Hand watering for landscape irrigation purposes is allowed on a daily basis
regardless of the time of the year.
Stage 3 restrictions may be rescinded when all initiation conditions have ceased to
exist as determined by the City Manager or his/her designee. Upon cessation of
Stage 3. Stage 2 water restrictions become effective.
Stage 4 -Emergency Water Shortage Conditions
It is anticipated, and it is the goal of the City, that water use during
implementation of Stage 4 be reduced to less than 50% of the City's maximum
daily supply capacity or the emergency situation has been corrected.
Stage 4 of the Plan shall be implemented if any of the following conditions arise:
• Maximum day water use exceeds 105% of the City's maximum daily
supply capacity for five consecutive days.
• Water supplies available from all sources are reduced by 30% or more
below projected needs.
• There has been a failure in a major water supply source or system, such as
the failure of a dam, storage reservoir, pumping system, transmission
pipeline, water treatment facility, major power failure, natural disaster that
causes a severe and prolonged limit on the ability of the water supply
system to meet the water supply demands.
The following restrictions shall apply:
• All aesthetic and non-essential water use, including landscape irrigation
use, is prohibited, except where necessary to protect the health, safety, and
welfare of the public. No new landscape material may be installed.
• All City of Lubbock operations will adhere to the water use restrictions.
• The City of Lubbock may reduce water system pressure to conserve water.
Stage 4 restrictions may be rescinded when all initiation conditions have ceased to
exist as determined by the City Manager or his/her designee. Upon cessation of
Stage 4, Stage 3 water restrictions become effective.
Public Notice and Information
The City conducted meetings to inform the public and to receive public
input on this Plan as follows: conducted a public hearing prior to the first reading
of this ordinance. Notice was provided to the public by public posting of the City
Council agenda providing notice of the public hearing. The City will periodically
provide the public with information about the Drought and Emergency
Contingency Plan, including information about the conditions under which each
stage of the Plan is to be initiated or terminated and the water use restrictions to be
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implemented in each stage. lbis information will be provided by means
necessary to educate and provide information to the public, including but not
limited to, public service announcements, newspaper notices, utility bill inserts,
and education presentations.
Variance Procedures
The water board of appeals, as established in Section 28-44 of the Code of
Ordinances of the City of Lubbock, may grant, in writing, a temporary variance
for existing water uses otherwise prohibited under the Drought and Emergency
Contingency 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:
• Compliance with the Drought and Emergency Contingency Plan cannot be
teclmically accomplished during the duration of the water supply shortage
or other condition for which the Plan is in effect.
• Alternative methods can be implemented which will achieve the same
level of reduction in water use.
Persons requesting an exemption from the provisions of this ordinance
shall file a petition for variance with the water board of appeals. All petitions for
variances shall be reviewed by the water board of appeals, and shall include, in
addition to the information provided in Section 28-44 of the Code of Ordinances
of the City of Lubbock, the following:
1. Purpose of water use.
2. Specific provision(s) of this Plan from which the petitioner is requesting
relief.
3. Detailed statement as to how the specific provision of the Drought and
Emergency Contingency Plan adversely affects the petitioner or what
damage or harm will occur to the petitioner or others if petitioner complies
with this Ordinance.
4. Description of the relief requested.
5. Period oftime for which the variance is sought.
6. 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.
7. Other pertinent information.
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Variances granted by the water board of appeals shall be subject to the
following conditions, unless waived or modified by the water board of appeals:
1. Variances granted shall include a timetable for compliance.
2. Variances granted shall expire on the earlier to occur of (i) the scheduled
expiration; (ii) when the Drought and Emergency Contingency Plan is no
longer in effect; and (iii) the date upon which the petitioner has failed to
meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of the
Drought and Emergency Contingency Plan occurring prior to the issuance of the
variance.
Means of Implementing and Enforcing the Drought and Emergency
Contingency Plan
Any water customer or other user of the City's water supply who violate
subsection (b )(2), the Drought and Emergency Contingency Plan, of this
ordinance, shall be guilty of a misdemeanor and subject to a penalty and fine as
set forth in Section 1-4 of the Code of Ordinances of the City of Lubbock for each
day of non-compliance. In addition, in the event (i) the failure to comply with this
ordinance creates an imminent threat to public health, safety or welfare; or (ii) the
subject person is convicted of three or more distinct violations (as opposed to
consecutive multiple day events of the same violation) within a one (1) year
period, the City, after ten (10) days notice and opportunity to cure the violation,
may discontinue water service until such time as the user shall be in compliance
with this ordinance and, in the case of disconnection due to an imminent health,
safety or welfare threat, pay the required charges and fees for re-connection or, in
the case of disconnection due to three or more district violations within a one (1)
year period, pay the required charges and fees for reconnection and provide
suitable assurance to the City Manager that the same action will not be repeated
while the subject stage of the Drought and Emergency Contingency Plan is in
effect.
Any person in apparent control of the property where a violation occurs or
originates shall be presumed to be the violator and proof thereof shall constitute a
rebuttable presumption that the person in apparent control of such property
committed the violation.
The City Manager, or his/her designee, is hereby authorized and directed
to implement the applicable provisions of this Drought and Emergency
Contingency Plan. The City Manager, or his/her designee, will oversee the
execution and implementation of all elements of the Plan to ensure that adequate
records are kept for program verification.
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(3) Additional Information and Provisions
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.
Annual water supply: the amount of water available to the City of Lubbock
within a given year. Nonnally measured in billions of gallons or acre-feet.
Average winter consumption: the amount of water used by a customer on
average during the winter months of December, January and February.
Conservation: those practices, techniques, and technologies that reduce the
consumption of water, reduce the loss or waste of water, improve 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 use.
Customer: any individual, corporation, partnership, association, and any
other legal entity utilizing water provided by the City of Lubbock.
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, except as provided under the
definition of ''Non-essential Water Use", below.
Drought: an extended period oftime of below normal precipitation (rainfall,
snow, etc.).
Drought of Record: extended period of time below normal precipitation
(rainfall, snow, etc.) that exceeds the length of time and impact on water supplies of
previous droughts. The drought of record is used to help determine the estimated
yield of reservoirs.
Hand watering: the irrigation and maintenance of landscaped areas, whether
publicly or privately owned, including residential and commercial lawns, gardens,
golf course greens, tees, and fairways, parks, athletic fields, street or alley rights-of-
way and medians through the use of manual watering devices supplied by a water
hose and actively attended to by a person.
Increasing block rate: a water rate structure that has a rate that increases as
more water is consumed.
Landscape irrigation or 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 course greens,
tees, and fairways, parks, athletic fields, street or alley rights-of-way and medians.
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Maximum daily supply: the amount of water available to the City of
Lubbock during a given day. The amount may be limited due to the water
transmission line size, water pump size, the number of operating wells, the amount
of raw and treated water storage, the water rights owned by the City and other
related factors.
Non-essential water use: water uses that are neither essential nor required for
the protection of public health, safety, and welfare, including without limitation:
(a) Landscape irrigation;
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle of any kind;
(c) Use of water to spray or wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
( d) Use of water to spray or wash down buildings or structures for purposes other
_than immediate fire protection;
( e) 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 swinnning pools or
hot tubs;
(g) Use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic and avian life;
(h) Failure to repair a leak(s) within a reasonable period of time after having been
given notice directing the repair of such leak(s).
Per capita water use: a measure of water use for a city or other entity (gpcd).
The measure compares water use to the number of citizens in the area. The measure
does not reflect the amount used on average by a citizen.
SECTION 2. The City Council finds and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the Council was posted at a
designated place convenient to the public at the City Hall for the time required by law
preceding this meeting, that such place of posting was readily accessible at all times to the
general public, and that all of the foregoing was done 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 of posting thereof.
SECTION 3. THAT the sections, paragraphs, sentences, clauses, and phrases of
this Ordinance are severable and if any phrase, clause, sentence, paragraph or section
shall be declared unconstitutional or illegal by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality or illegality shall not affect, in any
Page 15 of 16
way, manner or form, any of the remaining phrases, clauses, sentences, paragraphs or
sections of this Ordinance.
SECTION 4. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED
Passed by the City Council on the first reading on this26th day of June , 2006.
Passed by the City Council on the second reading on this 10th day of July , 2006.
ATTEST.
rW~,.<4-< e: .-...:::;., h---==4~..,_
Rei/e~Garza, City Secretary ~
APPROVED AS TO CONTENT:
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
First Assistant City Attorney
as/MW/ccdocs/Water Conserv & Drought Cont070606
July 6, 2006
-2)~/4('.,//~
DAVID A.MILLER, MAYOR
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