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HomeMy WebLinkAboutResolution - 2009-R0258 - Adopt Water Service Policy For Other Governmental Entities - 07/08/2009Resolution No. 2009-80258 July 8, 2009 Item No. 5.22 RESOLUTION WHEREAS, the City of Lubbock receives requests for the sale of water or the provision of other water services related to the sale of water from other cities, school districts, and governmental entities; and WHEREAS, the City of Lubbock has a responsibility to provide an adequate supply of water for the residents and water utility customers that live within the corporate boundaries of the City of Lubbock both now and in the future; and WHEREAS, the City of Lubbock has adopted a 2007 Strategic Water Supply Plan to document the City of Lubbock's water supply needs and plans for now and future years; and WHEREAS, the Lubbock Water Advisory Commission has reviewed, evaluated and recommended the attached "Water Service Policy for Other Governmental Entities (2009)" for consideration by the City Council of the City of Lubbock with regard to requests for the sale of water or the provision of related water services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The City Council of the City of Lubbock hereby approves and adopts the "Water Service Policy for Other Governmental Entities (2009)" as a City policy guideline, and directs the Lubbock Water Advisory Commission to use this policy and direct City of Lubbock staff to use this policy when evaluating and presenting information on any water supply or service requests that are made by other governmental entities to the City of Lubbock. Said Policy is attached hereto as Exhibit A and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of July , 2009. �fAoof- TOM MARTIN, MAYOR ATTEST: Rebecka Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams, Deputy City Manager JA A prey Sp e ter Utility Director APPROVED AS TO FORM: DQn Vandiver, City Attorney DD: WaterServicePoiicy(othergays)09res June 24, 2009 Resolution No. 2009-80258 City of Lubbock, Texas Water Utilities Department Water Service Policy for Other Governmental Entities June 24, 2009 The City's first obligation is to provide water for the citizens of Lubbock. The City will plan for and provide recommendations as necessary to ensure: a. Lubbock has a strategic water supply plan adopted by the City Council. b. Lubbock participates in and has its water supply management strategies included in the Regional Water and State Water Plan. c. Lubbock is taking the steps necessary to plan, permit, finance, design and construct the water supply projects necessary to ensure that adequate water is available for citizen's water needs. d. Lubbock identifies any excess capacity that might be available and when the water may be available. 2. The City of Lubbock historically has, by agreement, provided water related services to other governmental entities including cities, water districts and school districts. Any and all water services provided to another governmental entity will be approved by the City Council in the form of a contract. Water Treatment Service — The City of Lubbock will participate on a cost sharing basis with other CRMWA cities (Tahoka, O'Donnell, Lamesa, Brownfield, Levelland and Slaton) for the treatment of Canadian River Municipal Water Authority (CRMWA) water. This is part of a long standing arrangement and agreement on the part of CRMWA member cities. Capital costs for initial construction were participated in by the member cities, and future repairs and improvements to water treatment capital will also be shared. The costs are born based upon the provisions of the contract for CRWMA water allocation and water treated. Where grants and low interest loans are possible, the City will seek grant opportunities to offset the cost for Lubbock and the participating member cities. 4. Water Transfer Service — The City of Lubbock will allow the transfer of water from one of the CRMWA member cities to another city, but the city will assess the appropriate charges for treatment, distribution, and other services related to the transfer. All transfer charges will be based upon the comparable costs to the City of Lubbock for similar services. The City now transfers water from Slaton to New Deal, and assesses appropriate distribution operation and maintenance, and meter fees. Historical Water Service -- The City of Lubbock will consider continuing providing water service to those cities that have historically been provided water from the City of Lubbock. In this case, some cities like Shallowater and Littlefield have chosen to buy water from Lubbock on either an emergency basis or on a partial supply basis, from the Bailey County Well Field line since that water transmission line flows by those cities. 6. The City will discontinue the practice of calculating the annual amount of water authorized from the peak day authorized. The annual amount authorized will be based upon the actual amount of water needed during the term of the contract. The City may consider a take or pay provision, but shall consider the impact of such provisions on discouraging water conservation. Planning the water volume based upon the amount of water available and the amount of water needed shall be the primary basis for determining the amount of water that can be sold by contract. 7. Water Rates for Wholesale Use — Water rates for wholesale use by other cities are set by ordinance at 1.3 times the existing city rates. 8. Negotiated Water Service — The City may negotiate water service for a period of years in order to obtain water rights, water right permits or to meet other mutually agreeable water supply terms as necessary to further its long range water supply. The amount of water to be provided shall be based upon the value of the water rights, water right permits or other valuable consideration. 9. New Water Service Requests — The City may consider water sales for a period of years to other governmental entities. In considering the sale of water to other governmental entities, the City shall determine; (1) that the water is in excess of the amount of water needed by the City of Lubbock as documented in the City's water plans; (2) the City will not have a need for the water during the term that the water will be made available, (3) that the city receiving the water will by agreement develop other water alternatives that will be developed prior to the expiration date of the agreement, (4) that the City of Lubbock will be able to offset some of the cost to the citizens of water supply projects by selling water for a set period of time to another governmental entity; (5) the term of the contract shall be for no more than 5 years without some direct benefit to the City; and (6) the governmental entity will adopt and follow the same conservation policies and programs approved by the City of Lubbock. 10. Sale of Water to Unincorporated Areas — The City of Lubbock will not sell water to unincorporated areas, including municipal utility districts, surrounding and in the general area of the City of Lubbock. The City may consider the sale of water to other cities. The City may consider the sale of water to school districts when the district serves an area within the City of Lubbock's boundaries. Those desiring water service in unincorporated areas may request annexation and then be considered for water service. 11. The City may consider the sale of water to any entity that has water rights that might benefit the City of Lubbock's immediate, short term, or long term water supply needs.