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OR 2019-1514 Water Conservation and Drought Contingency Plan ORDINANCE NO. 2019-1514 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3, ‘CITY DEPARTMENTS’, ARTICLE 3-1, ‘WATER DEPARTMENT’, SECTION 3-1-12 ‘WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN’; BY REPEALING SAID SECTION OF SUCH ARTICLE IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION 3-1-12, ‘DROUGHT CONTINGENCY PLAN AND WATER CONSERVATION PLAN’; PROVIDING SUBCHAPTER A, ‘DROUGHT CONTINGENCY PLAN’, SUBCHAPTER B, ‘WATER CONSERVATION PLAN’; AND SUBCHAPTER C ‘GENERAL PROVISIONS’; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell believes it will benefit to amend and update the City’s Code of Ordinances; WHEREAS, the City desires to amend the Water Conservation Plan and Drought Contingency Plan previously implemented for the benefit of the citizens of the City of Coppell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and in the same is hereby amending Chapter 3, ‘City Departments’, Article 3-1 ‘Water Department’, Section 3-1-12, ‘Drought Contingency and Water Conservation Plan’, by repealing said section in its entirety and replacing it with new Section 3-1-12, “Water Conservation and Drought Contingency Plan, which shall read as follows: Page 1 TM 108288 “CHAPTER 3 – CITY DEPARTMENTS ARTICLE 3-1. WATER DEPARTMENT . . . . . SECTION 3-1-12. DROUGHT CONTINGENCY AND WATER CONSERVATION PLAN SUBSECTION A. DROUGHT CONTINGENCY PLAN Sec. 3-1-12A (1) Declaration of Policy, Purpose, and Intent 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, the City of Coppell hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non-essential 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 the offender(s) to penalties as defined in Subchapter C, Section I of this Plan. (2) Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Coppell by means of the press (official City Newspaper and local and area media, City’s cable access channel), publication in water bill inserts, and on the city website at www.coppelltx.gov. (3) Public Education The City of Coppell will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of the press (official City Newspaper and local and area media, City’s cable access channel), publication in water bill inserts, and on the city website at www.coppelltx.gov. Page 2 TM 108288 (4) Coordination with Regional Water Planning Groups The service area of the City of Coppell is located within the Region C Regional Water Planning Group and City of Coppell has provided a copy of this Plan to the Region C Regional Water Planning Group. (5) Authorization The City Manager or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or his/her designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. (6) Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of Coppell. The terms “person” and “customer” as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. (7) 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. 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 or waste 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 City of Coppell. 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. Page 3 TM 108288 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 not 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 motor vehicle, 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; (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 swimming pools or Jacuzzi-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 fire fighting. Odd Numbered Address: Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. Page 4 TM 108288 (8) Criteria for Initiation and Termination of Drought Response Stages The City Manager or his/her designee shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified “triggers” are reached. The triggering criteria described below are based on previous records and experience in drought conditions in the City of Coppell. The City of Coppell’s water supply is comprised of the service from the Dallas Water Utilities (DWU) and ground storage reservoirs. The basis for triggering criteria will consider thresholds of production capacity in relation to water consumption and monitoring of weather conditions. Utilization of alternative water sources and/or alternative delivery mechanisms: The City of Coppell does not currently have an alternate water source. Stage 1 Triggers – Water Awareness State (a) Requirements for Initiation Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section VII Definitions Stage 1 of the Plan shall remain in effect on a year-round basis. (b) Requirements for Termination Stage 1 of the Plan shall remain in effect on a year-round basis. There is no termination. Stage 2 Triggers –Water Watch State (a) Requirements for Initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section IX of this Plan when one or more of the following conditions occurs: 1) Notification is received from DWU requiring implementation of like procedures by wholesale customers. 2) Water demands exceed ninety percent (90%) of the current maximum flow rate contracted with DWU for five (5) consecutive days. 3) Ground Storage Reservoir levels do not recover for two (2) consecutive days. 4) Short-term deficiencies in the City's distribution system limit supply capabilities. Page 5 TM 108288 (b) Requirements for Termination Stage 2 of the Plan shall be rescinded when all of the initiating conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 2, Stage 1 –Water Awareness State becomes operative. Stage 3 Triggers – Water Warning State (a) Requirements for Initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this Plan when one or more of the following conditions occurs: 1) Notification is received from DWU requiring water demand reductions in accordance with contract obligations for wholesale customers. 2) Water demands exceed ninety-five percent (95%) of the current maximum flow rate contracted with DWU for five (5) consecutive days. 3) Short-term deficiencies in the City's distribution system, such as system outage due to the failure or damage of major water system components, limit supply capabilities. 4) Ground Storage Reservoir levels do not recover for three (3) consecutive days. (b) Requirements for Termination Stage 3 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 3, Stage 2 – Water Watch State becomes operative unless also rescinded. Stage 4 Triggers – Water Emergency State (a) Requirements for Initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of this Plan when one or more of the following conditions occurs: 1) Notification is received from DWU requiring water demand reductions in accordance with contract obligations for wholesale customers. 2) Water demands exceed one hundred percent (100%) of the current maximum flow rate contracted with DWU for two (2) consecutive days. Page 6 TM 108288 3) Short term deficiencies in the City’s distribution system, such as system outage due to the failure or damage of major water system components, limit supply capabilities. 4) Ground Storage reservoir levels do not recover for four (4) consecutive days. (b) Requirements for Termination Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 4, Stage 3, or the applicable drought response stage based on the triggering criteria, becomes operative. Stage 5 Triggers – Emergency Water Shortage (a) Requirements for Initiation Customers shall be required to comply with the requirements and restrictions for Stage 5 of this Plan when the City Manager, or his/her designee, determines that a water supply emergency exists based on: 1) Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or 2) Natural or man-made contamination of the water supply source(s). (b) Requirements for Termination Stage 5 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist. The City Manager will then determine what stage of the Plan should be implemented and the specific water use restrictions required to preserve the City's ability to meet essential water demand and fire protection. (9) Drought Response Stages The City Manager or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII of this Plan, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures: Page 7 TM 108288 Notification (a) Notification of the Public: The City Manager or his/ her designee shall notify the public by means of:  Web Page - www.coppelltx.gov  Water Bill inserts  Direct mail-outs  Publication in the official City newspaper  Press releases to local and area media  City’s cable access channel  Periodic status reports to the City Council on drought response programs, water emergencies and their results. (b) Additional Notification: The City Manager or his/ her designee shall notify directly, or cause to be notified directly, the following individuals and entities:  Members of the City Council  Fire Chief  City and/or County Emergency Management Coordinator(s)  County Judge & Commissioner(s)  State Disaster District / Department of Public Safety  TCEQ (required when mandatory restrictions are imposed)  Critical Water Users (e.g., Hospitals)  Parks / Street Superintendents & Public Facilities Managers Page 8 TM 108288 Stage 1 Response – Water Awareness State Target: Achieve a voluntary reduction in total gallons per capita per day (GPCD) water use. (a) Best Management Practices for Supply Management: To manage limited water supplies and/or reduce water demand, the City of Coppell will adhere to the voluntary water use restrictions prescribed herein. (b) Voluntary Water Use Restrictions for Reducing Demand: 1) No outside watering between the hours of 10:00 a.m. and 6:00 p.m., except for the use of non-spray irrigation systems and hand watering. The use of non- spray irrigation systems and hand watering will be allowed at all times in Stage 1. 2) City will encourage water conservation by increasing awareness of Water Conservation techniques though the use of various available means including but not limited to: web page, direct mail-outs, water bill inserts, cable access channel, press releases or other means available to advise the public of the requirements of this ordinance. Stage 2 Response – Water Watch State Target: Achieve a 2 percent reduction in total GPCD water use. (a) Best Management Practices for Supply Management: To manage limited water supplies and/or reduce water demand, the City of Coppell will: 1) The City must conduct all watering of center medians of streets, street rights- of-way, parks, City facilities and other areas maintained by the City on Mondays, Wednesdays and Fridays. (b) Stage 2 Water Use Restrictions for Demand Reduction: Under threat of penalty for violation, the following water use restrictions shall apply to all persons: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays, Tuesdays and Thursdays. Page 9 TM 108288 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays, Tuesdays and Thursdays. 3) Non-residential water customers must conduct all watering on Mondays, Wednesdays, and Fridays. 4) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays, Wednesdays, and Fridays. 5) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Mondays, Wednesdays, and Fridays. 6) No watering, other than by non-residential users, the City, Schools, and/or HOA' s/POA's will be allowed on Mondays, Wednesdays and Fridays without an approved variance. 7) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 8) No outside watering will be allowed between the hours of 10:00 a.m. and 6:00 p.m. with the exception of the use of non-automatic spray irrigation system and hand watering which will be allowed all days, at all times. Use of non-spray irrigation systems and hand watering will be allowed all days. Stage 3 Response – Water Warning State Target: Achieve a 5 percent reduction in total GPCD water use. (a) Best Management Practices for Supply Management: To manage limited water supplies and/or reduce water demand, the City of Coppell will: 1) The City must conduct all watering of center medians of streets, street rights- of-way, parks, City facilities and other areas maintained by the City on Mondays and Fridays. (b) Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except: Page 10 TM 108288 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays and Thursdays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays and Tuesdays. 3) Non-residential water customers must conduct all watering on Mondays and Fridays. 4) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays and Fridays. 5) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Mondays and Fridays. 6) No watering, other than by non-residential users, the City, Schools, and/or HOA's/POA's will be allowed on Mondays and Fridays without an approved variance. 7) No watering will be allowed on Wednesdays, with the exception of non-spray irrigation systems, which will be allowed all days. Hand watering is restricted to the two allowed days. 8) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 9) In a Stage 3 Water Warning State, persons should contact the City Engineer's office prior to installing new landscaping to determine if a variance will be considered. As a general rule, no variance will be allowed during a Stage 3 Water Warning State. The City Engineer or designee, in a Stage 3 Water Warning State may revoke approved variances, if deemed necessary to preserve the City's ability to supply essential water demands and fire protection. 10) No outside watering will be allowed between the hours of 10:00 a.m. and 6:00 p.m. with the exception of the use of non-automatic spray irrigation system which will be allowed all days, at all times. Hand watering will be restricted to the two allowed days. Page 11 TM 108288 Stage 4 Response – Water Emergency State Target: Achieve a 15 percent reduction in total GPCD water use. (a) Best Management Practices for Supply Management: To manage limited water supplies and/or reduce water demand, the City of Coppell will: 1) The City must conduct all watering of center medians of streets, street rights- of-way, parks, City facilities and other areas maintained by the City on Wednesdays. (b) Water Use Restrictions for Reducing Demand: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays. 3) Non-residential water customers must conduct all watering on Wednesdays. 4) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Wednesdays. 5) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Wednesdays. 6) No watering, other than by non-residential users, the City, Schools, and/or HOA's/POA's will be allowed on Wednesdays. 7) No watering will be allowed on Mondays, Tuesdays, Thursdays and Fridays, with the exception of non-spray irrigation systems, which will be allowed all days. No outside watering will be allowed between the hours of 10:00 a.m. and 6:00 p.m. with the exception of the use of non-automatic spray irrigation system which will be allowed all days, at all times. Hand watering is restricted to the one allowed day. 8) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. Page 12 TM 108288 9) In a Stage 4 Water Emergency State, persons should refrain from installing new landscaping. No variance for watering more than one day per week will be allowed during a Stage 4 Water Emergency State. The City Engineer or designee, in a Stage 4 Water Emergency State will revoke any variances approved during the Stage 3 Water Warning State. Stage 5 Response – Emergency Water Shortage Target: Achieve a 20 percent reduction in total GPCD water use. (a) Best Management Practices for Supply Management: To manage limited water supplies and/or reduce water demand, the City of Coppell will: 1) Activate and use an alternative supply source(s); if available. 2) Discontinue all non-essential water use, including landscape irrigation water use. 3) Door hangers will be placed on all houses in the affected area providing information about the conditions. (b) Water Use Restrictions for Reducing Demand: All requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except: 1) No outdoor watering will be allowed. SUBCHAPTER B. WATER CONSERVATION PLAN Sec. 3-1-12B There is hereby adopted the Water Conservation Plan of the City, dated May 21, 2019, and made a part hereof for all purposes, the same as if fully copied in full herein, including any appendices. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development in Region C have led to growing demands for water. Additional supplies to meet higher demands will be expensive and difficult to Page 13 TM 108288 develop. Therefore, it is important that we make efficient use of existing supplies and make them last as long as possible. This will delay the need for new supplies, minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation plan for public water suppliers. The City of Coppell has adopted this water conservation plan pursuant to TCEQ guidelines and requirements. The objectives of the water conservation plan are: ● To reduce water consumption. ● To reduce the loss and waste of water. ● To identify the level of water reuse. ● To improve efficiency in the use of water. ● To extend the life of current water supplies by reducing the rate of growth in demand. The TCEQ Rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. According to TCEQ rules, all public water purveyors that provide water service to 3,300 or more water connections are required to develop and implement a Water Conservation Plan having the following minimum content: ● Utility Profile (Appendix “A”) ● Record Management System ● Specific Quantified Five-Year and Ten-Year Targets ● Measuring and Accounting for Diversions ● Universal Metering ● Measures to Determine and Control Water Loss Page 14 TM 108288 ● Continuing Public Education and Information Program ● Non-Promotional Water Rate Structure ● Reservoir System Operation Plan ● Enforcement Procedure and Plan Adoption ● Coordination with Regional Water Planning Group (Appendix “B”) ● Plan Review and Update ● Leak detection and Repair ● Contract Requirements ● Method for Monitoring the effectiveness and efficiency of the Water Conservation Plan. ● City of Coppell Water CCN Service Area Map (Appendix “C”) Page 15 TM 108288 WATER CONSERVATION PLAN Minimum Required Content Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), the record management system for the City of Coppell records water pumped, water delivered, and water sold; estimates water losses; and allows for the separation of water sales and uses into residential, commercial, public/institutional, and industrial categories. Specific Quantified 5-Year and 10-Year Targets Table 1 shows projected water demands for municipal uses obtained from the Texas Water Development Board (TWDB) and interpolated to match the appropriate years for the 5-year and 10-year goals. The TWDB projections are applicable for a dry year, in which outdoor water use would be high. Per capita municipal water use in a year with normal or high precipitation during the summer should be less than projected here. Table 1 - 2016 TWDB Region C Water Plan City of Coppell Water Demand Projections 2020-2070 COPPELL D2020 D2030 D2040 D2050 D2060 D2070 Ac.-Ft./Yr. 10,992 11,245 11,146 11,089 11,075 11,074 Table 2 shows historical and projected per capita total and residential water use for the City of Coppell. Water use is shown in units of gallons per capita per day (gpcd). Residential water use is total water use, less wholesale sales to other municipal suppliers, less sales to commercial or industrial users. Per capita water use is residential water use divided by population. The TWDB projections include the impact of low-flow plumbing fixtures and water conservation measures that have been in effect since at least 2000 but do not include the effect of water conservation measures recommended in this plan. Table 2 shows the projected goals for per capita water use after implementation of this water conservation plan. Page 16 TM 108288 Table 2 Quantified 5-Year and 10-Year Goals for Water Savings Historic 5-Year Goal 10-Year Goal Measure 5-Year Average Baseline for Year 2021 for Year 2026 Total GPCD 226 226 220 210 Residential GPCD 103 103 100 95 Water Loss GPCD 46 46 35 25 Water Loss Percentage 20% 20% < 15% < 10% The City’s water conservation goals include the following: ● Achieve 5-year goal of per capita residential water use of 220-gpcd or less, as shown in Table 2. ● Achieve 10-year goal of per capita residential water use of 210-gpcd or less, as shown in Table 2. ● Continue implementation and maintenance of meter replacement program. ● Reduce the level of unaccounted water in the system to less than 10%. ● Raise public awareness of water conservation and encourage responsible public behavior through a public education and information program. ● Decrease outdoor water use by implementing the following program: o Drought resistant landscaping in the medians of City streets. Page 17 TM 108288 Accurate Metering of Treated Water Deliveries / Measuring and Accounting for Diversions All treated water is metered through the City of Dallas Water Utilities (DWU) Rate of Flow Controller at 1101 Village Parkway. This device is tested every two months by the City of Dallas and has an accuracy of ± 0.3% average. The City of Coppell meters all water leaving the City’s pump station through a transient time meter which is tested twice a year and has an accuracy of ± 1%. Universal Metering Water usage for all customers of the City of Coppell, including public and governmental users, is metered. As part of this Water Conservation Plan, the City of Coppell will continue to implement a Meter Replacement Program that will replace every residential meter on a 15-year cycle. In 2019, the City completed efforts to replace all residential meters in the System. The City’s efforts to replace all non-residential meters is underway and scheduled to be completed in 2019. All meters are now equipped with Automatic Meter Reading (AMR) technology with the capability of providing water use data at a minimum of every 15 minutes. These meters provide the City the ability to better detect leaks and provide the citizens with a better record of their daily water use. These meters will also help to eliminate meter read errors. All meters registering unusual or questionable readings will be inspected and, if needed, replaced when the irregularity is noticed, regardless of age. Measures to Determine and Control Water Loss Unaccounted water is the difference between treated water obtained from the DWU and metered sales by Coppell to our customers. Unaccounted water can include several categories: ● Inaccuracies in customer meters (customer meters tend to run more slowly as they age and under-report actual use); ● Losses due to water main breaks and leaks in the water distribution system; ● Losses due to flushing of lines; ● Losses due to illegal connections; and ● Losses due to fire-fighting efforts. Page 18 TM 108288 Apparent water losses include water that was actually used but not accounted for, such as customer meter errors or theft. Accounting for apparent losses increases the city’s utility revenue but does not reduce water usage. Real losses include leakage and overflows at the water facilities. Identifying and preventing real losses decreases a utility’s costs and decreases water usage. Strategies to address apparent water loss: ● Meter Replacement Program; ● Meter all flushing of water lines; ● Monitor construction activity to ensure meters are used, especially when new lines are being flushed prior to being placed in service; and ● Work closely with Fire Department to estimate water used in fire-fighting activities. Strategies to address real water loss: ● Respond to all identified water leaks within two hours and make repairs within 24-hours after utility locates, and estimate total unaccounted for water for tracking purposes; ● Replace one segment of the water system yearly that has experienced two or more leaks. As shown in Table 2, unaccounted water for the City of Coppell has averaged 16% in the last five years. With the measures described in this plan, the City of Coppell intends to reduce the unaccounted water below 10% in subsequent years. If unaccounted water exceeds this goal, the City of Coppell will implement a more intensive audit to determine the source(s) of water loss and reduce the unaccounted water. Continuing Public Education and Information Campaign The continuing public education and information campaign on water conservation for the City of Coppell includes the following elements: ● Include inserts on water conservation with water bills at least twice per year. Inserts will include material developed by City of Coppell staff and material obtained from the TWDB, the TCEQ, and other sources. Page 19 TM 108288 ● Encourage local media coverage of water conservation issues and the importance of water conservation. ● Make the Texas Smartscape CD, water conservation brochures, and other water conservation materials available to the public at the City of Coppell Utility Department and other public places. ● Make information on water conservation available online at www.coppelltx.gov and include links to the Texas Smartscape web site and to information on water conservation on the TWDB and TCEQ web sites. ● Provide information on water conservation on the City’s cable access channel. Non-Promotional Water Rate Structure With the intent of encouraging water conservation and discouraging waste and excessive use of water, the City of Coppell has adopted an increasing block rate water structure where the unit price of water increases with increasing water use. Current water rates apply comparably for residential, commercial and industrial use, and are shown in Tables 3 and 4. Table 3 Monthly Meter Base Rate (First 1,000 Gallons) Meter Size Total Meter Size Total (in.) Charge (in.) Charge 5/8” $21.00 3” $84.68 1” $28.35 4” $113.03 1½” $42.47 6” $169.31 2” $56.44 8” $225.75 Table 4 Volume Unit Charges Volume Unit Charge Water User Type / Volume ($ per 1,000 gal.) All Users: 0 – 1,000 Gallons Varies (see Table 3) Residential, Commercial & Industrial 0+ > 1,000 Gallons $3.15 All Users: Conservation Rate (June – October) > 25,000 Gallons $3.94 Page 20 TM 108288 Reservoir System Operation Plan The City of Coppell purchases treated water from the City of Dallas Water Utilities, which owns, operates and maintains the supply reservoirs. Therefore, the requirement for the reservoir system operation plan does not apply to the City of Coppell. Procedure and Plan Adoption This plan is part of an ordinance approved by City of Coppell City Council. The ordinance designates responsible officials to implement and the Water Conservation Plan requirements. Coordination with Regional Water Planning Group Appendix B includes a copy of the letter sent to the Manager of the TWDB Region C Water Planning Group with this Water Conservation Plan. Plan Review and Update At a minimum, the Water Conservation Plan shall be reviewed and updated by the City of Coppell every 5-years to coincide with the TWDB Region C Water Planning Group revisions. Additional Requirements For Large Suppliers The Texas Administrative Code also includes the following additional requirements for water conservation plans for public drinking water suppliers that serve a population of 5,000 people or more and/or a projected population of 5,000 people or more within the next ten years: Leak Detection and Repair Measures to control unaccounted water are part of the routine operations of the City of Coppell. Meter readers watch for and report signs of illegal connections so they can be addressed quickly. Crews and personnel look for and report evidence of leaks in the water distribution system. Maintenance crews respond quickly to repair leaks reported by the public and city personnel. Areas of the water distribution system in Page 21 TM 108288 which numerous leaks and line breaks occur are targeted for replacement as funds are available. Funds are made available annually to allow for replacement of waterlines. To reduce real water losses, the City of Coppell will maintain a proactive water loss program. As part of this program, the City will implement the following actions: ● Respond to leaks within two hours and repair within 24-hours after utility locates; ● Replace residential meters showing irregular readings within five working days; ● Control pressure to above the minimum standard-of-service level including fire requirements; and ● Limit surges in water distribution system pressure. ● Use of recently purchased Mueller Echologics LeakFund-ST Correlator, a device using acoustic technology to isolate and identify leaks between water valves. Contract Requirements At this time, the City of Coppell is not a wholesale water provider. After adoption of this plan, any contract for the wholesale sale of water by the City of Coppell will include a requirement that the wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. This requirement will also extend to each successive wholesale customer in the resale of the water. Chapter 288 of the Texas Administrative Code and the Texas Commission on Environmental Quality provides provisions that if the customer intends to resell the water, the contract between the City of Coppell’s customer and their customer shall provide that, the contract for the resale of the water have Water Conservation Requirements, so that each successive customer in the resale of the water will be required to implement water conservation measures. Page 22 TM 108288 Additional Conservation Strategies The following additional conservation strategies shall be implemented by the City of Coppell to achieve the goals and targets established herein: Method for Monitoring the Effectiveness of the Plan The effectiveness and efficiency of the Water Conservation program will be monitored on an ongoing basis by the City of Coppell Public Works Staff. The City of Coppell will continue to track total gpcd and residential gpcd water usage, on an annual basis as well as water loss in gpcd and percentage to determine whether reduction targets are being achieved. Water Audits Water audits on all municipal operations and departments of water use habits. Information will be used to help educate and mentor the City of Coppell staff to be leaders in water conservation habits. Performing water audits at the major Commercial and Industrial water users will be one of these training subjects. Landscape Ordinance Review and update, if needed, the City of Coppell landscape ordinance to include and promote more water conservation information and strategies for all new development. Page 23 TM 108288 SUBCHAPTER C. GENERAL PROVISIONS Sec. 3-1-12C (1) Enforcement (a) No person shall knowingly or intentionally allow the use of water from the City of Coppell for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by City Manager, or his/her designee, in accordance with provisions of this Plan. (b) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, the City Manager, or his/her designee, shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at $20.00, and any other costs incurred by the City of Coppell in discontinuing service. In addition, suitable assurance must be given to the City Manager or his/her designee that the same action shall not be repeated while the Plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court. (c) Any person, including a person classified as a water customer of the City of Coppell, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation. Page 24 TM 108288 (d) Any employee of the City of Coppell, police officer, or other City of Coppell employee designated by the City Manager, or his/her designee, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the City of Coppell Municipal Court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in City of Coppell Municipal Court to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in City of Coppell Municipal Court before all other cases. (2) Variance s The City Manager, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this 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: (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. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Coppell within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager, or his/her designee, and shall include the following: (a) Name and address of the petitioner(s). (b) Purpose of water use (only consideration will be for new lawns or landscaping). Page 25 TM 108288 (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.” SECTION 2. It is hereby declared to be the intention of the City of Coppell that the sections, paragraphs, sentences, clauses, and phrases of this Article are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections.” SECTION 3. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be and the same are hereby repealed and any provisions not so in conflict shall remain in force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not effect the validity of the Code of Ordinances as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately upon its passage and the publication of the caption as the law and charter in such cases provide. Page 26 TM 108288 DULY PASSED by the City Council of the City of Coppell, Texas, on the day of 2019. w - - T A ST: hristel Pettinos, City Secret APPROVED AS TO FORM: Robert E. Hager, City Attorney Page 17 TM 108288