(a) 
Intent.
In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to serve and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city adopts the following drought contingency plan.
(b) 
Purpose.
The purpose of this drought contingency and emergency water management plan (subsequently referred to as “the plan”) is as follows:
(1) 
To conserve the available water supply in times of drought and emergency.
(2) 
To maintain supplies for domestic water use, sanitation, and fire protection.
(3) 
To protect and preserve public health, welfare, and safety.
(4) 
To minimize the adverse impacts of water supply shortages.
(5) 
To minimize the adverse impacts of emergency water supply conditions.
(c) 
State commission on environmental quality rules.
(1) 
The TCEQ rules governing development of drought contingency plans for wholesale water suppliers are contained in title 30, part 1, chapter 288, subchapter B, rule 288.22 of the Texas Administrative Code, which is included in appendix B to Ordinance 2014-10. For the purpose of these rules, a drought contingency plan is defined as “a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies.”
(2) 
TCEQ’s minimum requirements for drought contingency plans are addressed in the following subsections of this article:
(A) 
288.22(a)(1): Provisions to inform the public and provide opportunity for public input - section 13.08.002.
(B) 
288.22(a)(2): Coordination with regional water planning group - section 13.08.004.
(C) 
288.22(a)(3): Criteria for initiation and termination of drought stages - section 13.08.008.
(D) 
288.22(a)(4): Drought and emergency response stages - section 13.08.008.
(E) 
288.22(a)(5): Procedures for initiation and termination of drought stages - section 13.08.008.
(F) 
288.22(a)(6): Water use reduction goals during periods of water shortage and drought - section 13.08.008.
(G) 
288.22(a)(7) Water supply and water demand management measures for each stage - section 13.08.008.
(H) 
288.22(a)(8): Provisions for new and renewed contracts - section 13.08.011.
(I) 
288.22(a)(9): Procedures for granting variances - section 13.08.010.
(J) 
288.22(a)(10): Procedures for enforcement of mandatory restrictions - section 13.08.009.
(K) 
288.22(b): Notification of plan implementation to executive director - section 13.08.007.
(L) 
288.22(c): Provisions for review of the approved drought contingency plan - section 13.08.012.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.501)
(a) 
The city council meets on a regular basis as provided for in section 2.08 of the home rule charter. A meeting agenda is posted in accordance with state law and it presents a listing of items for discussion and of items to be acted upon by city officials. Meetings are open to the public and the public is given an opportunity to speak and voice their views and opinions. The city council will be active in supporting the plan and civic organizations will also be encouraged to assist in implementing this plan. City council meetings are attended by representatives of local newspapers and the news media provide distribution of events and subjects.
(b) 
The city informed and educated the public about the drought contingency plan by the following means:
(1) 
The proposed plan was provided to anyone requesting a copy.
(2) 
The plan was presented to the city council at a public meeting at city hall on February 2, 2010.
(3) 
The plan and the February 2, 2010 public hearing were advertised in the local newspaper on January 28, 2010.
(4) 
The plan was presented for adoption to the city council at a public hearing in city hall on February 16, 2010.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.502; Ordinance adopting 2017 Code)
The city will periodically provide wholesale water customers 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 at each stage. This information will be provided by means of providing copies of the plan available upon request, posting the plan on the city website, and periodically including information about the plan with invoices for water sales.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.503)
The service area of the city is located within the Region “C” water planning group and the Tarrant Regional Water District. The city has provided copies of this plan to these entities. A copy of the letters is included in appendix C to Ordinance 2014-10.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.504)
The mayor, 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 the public health, safety, and welfare. The mayor, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency measures as described in this plan.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.505)
The provisions of this plan shall apply to all customers utilizing water provided by the city. The terms “person” and “customer” as used in the plan include individuals, corporations, partnerships, associations and all other legal entities.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.506)
(a) 
Applicability.
The provisions of this plan shall apply to all persons, customers, and property utilizing potable water provided by the city. The terms “person” and “customer” as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. The plan does not apply to locations using treated wastewater effluent, private wells or their own water rights in the Trinity River. The plan may be applied to the entire city or geographic portions of the city as necessary. If the plan is applied only to a limited sector, the boundaries will be defined in terms of roadways, creeks and other easily distinguishable features.
(b) 
Initiation of drought and emergency response stage.
The mayor, or his/her official designee, may order the implementation of a drought response stage or water emergency when one or more of the trigger conditions for that stage is met. The following actions will be taken when a drought stage is initiated:
(1) 
The public and wholesale customers will be notified through the authorized emergency public notification system. This may include local media, notices posted in public buildings and the city website and other media.
(2) 
The city will notify the executive director of the TCEQ within 5 business days when mandatory provisions of the plan are activated.
(3) 
Drought contingency plan drought stages imposed by TRWD action must be initiated by the city. For other trigger conditions, the mayor, or his/her official designee, may decide not to order the implementation of a drought response stage or water emergency even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision should be documented.
(c) 
Termination of drought stage.
The mayor or, his/her official designee, may order the termination of a drought response stage or water emergency when the conditions for termination are met or at their discretion. The following actions will be taken when a drought stage is terminated:
(1) 
The public and wholesale customers will be notified through the authorized emergency public notification system. This may include local media, notices posted in public buildings and the city website and other media.
(2) 
If any mandatory provisions of the drought contingency plan that have been activated are terminated, the city will notify the executive director of the TCEQ within 5 business days.
(3) 
The mayor, or his/her official designee, may decide not to order the termination of a drought response stage or water emergency even though the conditions for termination of the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage. The reason for this decision should be documented.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.507)
(a) 
Stage 1 (water watch).
(1) 
Drought indicators and trigger conditions.
(A) 
The city’s water demand exceeds 90% of reliable delivery capacity for three consecutive days. The delivery capacity could be city-wide or in a specified portion of the system.
(B) 
The city’s water treatment or distribution system becomes contaminated.
(C) 
The city’s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate.
(D) 
The city’s water supply system is unable to deliver water due to the failure or damage of major water system components, or due to other criteria, such as energy shortages or outages.
(E) 
TRWD initiated stage 1, water watch, for one or more of the following reasons:
(i) 
Total raw water supply in TRWD western and eastern division reservoirs drops below 75% (25% depleted) of conservation storage.
(ii) 
Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate.
(iii) 
Water demand is projected to approach the limit of TRWD’s permitted supply.
(iv) 
TRWD’s supply source becomes contaminated.
(v) 
TRWD’s water supply system is unable to deliver water due to the failure or damage of major water system components.
(vi) 
The TRWD general manager, with the concurrence of the TRWD board of directors, finds that conditions warrant the declaration of a stage 1 drought.
(2) 
Water use reduction goal.
The goal for water use reduction under stage 1, water watch, is to decrease use by five percent (5%). If circumstances warrant, or if required by TRWD, the mayor, or his/her official designee, can set a goal for greater water use reduction.
(3) 
Water supply management measures.
(A) 
All water users.
(i) 
Initiate mandatory restrictions to prohibit nonessential water use as follows:
a. 
Prohibit hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, patios, or other impervious surfaces, except to alleviate an immediate health or safety hazard.
b. 
Prohibit hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting.
c. 
Prohibit using water in such a manner as to allow runoff or other waste, including:
1. 
Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet;
2. 
Operating a permanently installed irrigation system with:
A. 
A broken head;
B. 
A head that is out of adjustment and the arc of the spray head is over a street or parking lot; or
C. 
A head that is misting because of high water pressure; or
3. 
During irrigation, allowing water:
A. 
To run off a property and form a stream of water in a street for a distance of 50 feet or greater; or
B. 
To pond in a street or parking lot to a depth greater than one-quarter of an inch.
(ii) 
Prohibit outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00 p.m.
(iii) 
Limit landscape watering with sprinklers or irrigation systems at each service address to a twice per week schedule as outlined below. This includes landscape watering of parks, golf courses, and sports fields.
a. 
Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays and Saturdays.
b. 
Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays.
c. 
All nonresidential locations (apartment complexes, businesses, industries, parks, medians, etc.) may water on Tuesdays and Fridays.
d. 
Exceptions:
1. 
Foundations may be watered up to two hours on any day by hand-held hose, or using a soaker hose or drip irrigation system placed within 24 inches of the foundation that does not produce a spray of water above the ground.
2. 
Newly installed shrubs (first year) and trees (two years) may be watered up to two hours on any day by hand-held hose, drip irrigation, a soaker hose or a tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree.
3. 
Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the mayor, if the mayor determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days.
4. 
Twice per week landscape watering restrictions do not apply to locations using well water or treated wastewater effluent for irrigation.
5. 
Establishing new turf is discouraged. If new hydromulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering restrictions set forth in this stage apply. (This exception does not include over-seeding with rye since turf already exists.)
(iv) 
Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a positive-pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial carwash or commercial service station. Companies with an automated on-site vehicle washing facility may wash their vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(v) 
All users are encouraged to reduce frequency of draining and refilling swimming pools.
(vi) 
All users are encouraged to use state native and drought tolerant plants in landscaping.
(vii) 
The mayor, or his/her designee, will notify wholesale customers of actions being taken and require them to implement the same stage and measures. Per the contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by the city. Any mandatory reduction of deliveries from the city to its customers shall also be distributed as pro rata curtailment of water deliveries to or diversions by wholesale water customers, as provided in Texas Water Code, section 11.039.
(B) 
City and local governments.
In addition to actions listed above:
(i) 
Review conditions and problems that caused stage 1. Take corrective action.
(ii) 
Increase public education efforts on ways to reduce water use.
(iii) 
Increase enforcement efforts.
(iv) 
Intensify leak detection and repair efforts.
(v) 
Audit all city and local government irrigation systems to ensure proper condition, settings, and operation.
(vi) 
Identify and encourage voluntary reduction measures by high-volume water users through water use audits.
(vii) 
Landscape watering of municipal parks, golf courses, and sports fields is restricted to twice per week watering schedule, or twice per week per irrigation station if a variance is granted by the mayor. (See exceptions to outdoor watering restrictions in “all water users” category above for rules that apply to facilities with large multi-station irrigation systems.)
Exceptions:
a. 
Golf courses may water greens and tee boxes without restrictions; however, watering must be done before 10:00 a.m. and after 6:00 p.m.
b. 
Skinned areas of sports fields may be watered as needed for dust control.
(viii) 
Reduce nonessential water use. As used herein, nonessential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the city.
(ix) 
Institute a mandated reduction in deliveries to all wholesale customers. Such a reduction will be distributed as required by Texas Water Code, section 11.039.
(x) 
If TRWD has imposed a reduction in water available to customers, impose the same percent reduction on wholesale customers.
(C) 
Commercial or industrial users.
(i) 
All actions listed above for all water users apply to commercial and industrial users.
Exception: Water uses that utilize treated wastewater effluent exclusively are not subject to water use restrictions.
(ii) 
Landscape watering of parks, golf courses, and sports fields is restricted to a twice per week watering schedule, or twice per week per irrigation station if a variance is granted by the mayor. (See exceptions to outdoor watering restrictions in “all water users” category above for rules that apply to facilities with large multi-station irrigation systems.)
Exceptions:
a. 
Golf courses may water greens and tee boxes without restrictions; however, watering must be done before 10:00 a.m. and after 6:00 p.m. Fairways are restricted to twice per week watering as outlined above. Golf course rough is restricted to once per week watering.
b. 
Skinned areas of sports fields may be watered as needed for dust control.
(iii) 
Stock at commercial plant nurseries is exempt from stage 1 watering restrictions.
(iv) 
Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an “on demand” basis.
(v) 
Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels.
(4) 
Requirements for termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased or when the circumstances that caused the initiation of stage 1 no longer prevail. The city will notify its wholesale customers and the media of the termination of stage 1 in the same manner as the notification of initiation of stage 1 of the plan.
(b) 
Stage 2 (water warning).
(1) 
Drought indicators and trigger conditions.
(A) 
The city’s water demand exceeds 95% of reliable delivery capacity for two consecutive days. The delivery capacity could be city-wide or in a specified portion of the system.
(B) 
The city demand for all or part of the delivery system equals or exceeds delivery capacity because delivery capacity is inadequate.
(C) 
The city water treatment or distribution system becomes contaminated.
(D) 
The city’s water supply system is unable to deliver water due to the failure or damage of major water system components, or due to other criteria, such as energy shortages or outages.
(E) 
TRWD initiated stage 2, water warning, for one or more of the following reasons:
(i) 
Total raw water supply in TRWD western and eastern division reservoirs drops below 60% (40% depleted) of conservation storage.
(ii) 
Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate.
(iii) 
Water demand is projected to approach the limit of TRWD’s permitted supply.
(iv) 
TRWD’s supply source becomes contaminated.
(v) 
TRWD’s water supply system is unable to deliver water due to the failure or damage of major water system components.
(vi) 
The TRWD general manager, with the concurrence of the TRWD board of directors, finds that conditions warrant the declaration of a stage 2 drought.
(2) 
Water use reduction goal.
The goal for water use reduction under stage 2, water warning, is to decrease use by ten percent (10%). If circumstances warrant or if required by TRWD, the mayor, or his/her official designee, can set a goal for greater water use reduction.
(3) 
Water management measures.
(A) 
All water users.
(i) 
Continue or initiate any actions available under stage 1.
(ii) 
Landscape watering with sprinklers or irrigation systems at each service address is limited to once every seven days. Outdoor watering schedule to be determined by the mayor.
Exceptions:
a. 
Foundations may be watered up to two hours on any day by hand-held hose, or using a soaker hose or drip irrigation system placed within 24 inches of the foundation that does not produce a spray of water above the ground.
b. 
Newly installed shrubs (first year) and trees may be watered up to two hours on any day by hand-held hose, drip irrigation, or a soaker hose. Tree watering is limited to an area not to exceed the drip line of a tree.
c. 
Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the mayor, if the mayor determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days.
d. 
Once per week outdoor watering restrictions do not apply to locations using well water or treated wastewater effluent for irrigation.
(iii) 
All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping. If new hydromulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering restrictions set forth in the current drought stage apply. (This exception does not include over-seeding with rye since turf already exists.)
(iv) 
Prohibit use of water for dust control, except as required to protect public health.
(v) 
Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(vi) 
Prohibit filling of swimming pools with automatic valves.
(vii) 
The mayor, or his/her designee, will notify wholesale customers of actions being taken and require them to implement the same stage and measures. Per the contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by the city. Any mandatory reduction of deliveries from the city to its customers shall also be distributed as pro rata curtailment of water deliveries to or diversions by wholesale water customers, as provided in Texas Water Code, section 11.039.
(B) 
City and local governments.
In addition to actions listed above:
(i) 
Continue or initiate any actions available under stage 1.
(ii) 
Review conditions or problems that caused stage 2. Take corrective action.
(iii) 
Increase frequency of media releases on water supply conditions.
(iv) 
Further accelerate public education efforts on ways to reduce water use.
(v) 
Landscape watering at municipal parks, golf courses, and sports fields is limited to once every seven days, or once every seven days per irrigation station if a variance is granted by mayor. (See stage 1 exceptions to outdoor watering restrictions in “all water users” category for rules that apply to facilities with large multi-station irrigation systems.)
Exceptions:
a. 
Golf courses may water greens and tee boxes as needed to keep them alive; however, watering must be done before 10:00 a.m. and after 6:00 p.m. Fairways are restricted to once per week watering as outlined above. Golf course rough cannot be watered.
b. 
Watering for dust control on skinned areas of sport fields is not allowed.
(vi) 
Eliminate nonessential water use. As used herein, nonessential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency.
(vii) 
Prohibit wet street sweeping.
(viii) 
Institute a mandated reduction in deliveries to all wholesale customers. Such a reduction will be distributed as required by Texas Water Code, section 11.039.
(ix) 
If TRWD has imposed a reduction in water available to customers, impose the same percent reduction on wholesale customers.
(C) 
Commercial or industrial users.
(i) 
All actions listed above for all water users apply to commercial and industrial users.
Exception: Water uses that utilize treated wastewater effluent exclusively are not subject to water use restrictions.
(ii) 
Landscape watering at parks, golf courses, and sports fields is limited to once every seven days, or once every seven days per irrigation station if a variance is granted by the mayor. (See stage 1 exceptions to outdoor watering restrictions in “all water users” category for rules that apply to facilities with large multi-station irrigation systems.)
Exceptions:
a. 
Golf courses may water greens and tee boxes as needed to keep them alive; however, watering must be done before 10:00 a.m. and after 6:00 p.m.
b. 
Watering for dust control on skinned areas of sport fields is not allowed.
(iii) 
Use of water from hydrants for any purpose other than firefighting related activities, or other activities necessary to maintain public health, safety and welfare, requires a variance issued by the mayor. Non-emergency fire hydrant use may be limited to only designated hydrants. Upon declaration of this drought stage, all holders or applicants of a water fire hydrant meter agreement are required to apply for a variance as set forth in this plan. If conditions allow, as determined by the mayor, the use of water from hydrants may continue until the mayor, or his/her official designee, issues a determination on the petition for variance. If conditions do not allow, the mayor may require all fire hydrant meters to be immediately returned from the field, pending determination of each petition for variance.
(4) 
Requirements for termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased or when the circumstances that caused the initiation of stage 2 no longer prevail. The city will notify its wholesale customers and the media of the termination of stage 2 in the same manner as the notification of initiation of stage 2 of the plan. Notification of termination of stage 2 will include instructions to set stage 1 or terminate all drought response stages as determined by the mayor, or his/her designee.
(c) 
Stage 3 (water emergency).
(1) 
Drought indicators and trigger conditions.
(A) 
The city’s water demand exceeds 100% of reliable delivery capacity for one day. The delivery capacity could be city-wide or in a specified portion of the system.
(B) 
The city’s demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate.
(C) 
Natural or man-made contamination of the water supplier’s treatment or distribution system.
(D) 
The city’s water supply system is unable to deliver water due to the failure or damage of major water system components, or due to other criteria, such as energy shortages or outages.
(E) 
The TRWD has initiated stage 3, water emergency, which may be initiated by one or more of the following:
(i) 
Total raw water supply in TRWD western and eastern division reservoirs drops below 45% (55% depleted) of conservation storage.
(ii) 
Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate.
(iii) 
Water demand is projected to approach or exceed the limit of TRWD’s permitted supply.
(iv) 
TRWD’s supply source becomes contaminated.
(v) 
TRWD’s water supply system is unable to deliver water due to the failure or damage of major water system components.
(vi) 
The TRWD general manager, with the concurrence of the TRWD board of directors, finds that conditions warrant the declaration of a stage 3 drought.
(2) 
Water use reduction goal.
The goal for water use reduction under stage 3, emergency water use, is to decrease use by 20 percent. If circumstances warrant or if required by TRWD, the mayor, or his/her official designee, can set a goal for a greater water use reduction.
(3) 
Water management measures.
(A) 
All water users.
(i) 
Continue or initiate any actions available under stages 1 and 2.
(ii) 
Prohibit landscape watering, including at parks, golf courses, and sports fields.
Exceptions:
a. 
Foundations may be watered up to two hours on any day by hand-held hose, or using a soaker hose or drip irrigation system placed within 24 inches of the foundation that does not produce a spray of water above the ground.
b. 
Trees may be watered up to two hours on any day by hand-held hose, drip irrigation, or a soaker hose. Tree watering is limited to an area not to exceed the drip line of a tree.
(iii) 
Prohibit establishment of new landscaping.
(iv) 
Vehicle washing restricted to commercial carwashes and commercial service stations can only be done as necessary for health, sanitation, or safety reasons, including, but not limited to, the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing is prohibited.
(v) 
Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life.
(vi) 
Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi-type pools. Existing private and public pools may add water to maintain pool levels; however, they may not be refilled using automatic fill valves.
(vii) 
The mayor, or his/her designee, will notify wholesale customers of actions being taken and require them to implement the same stage and measures. Per the contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by the city. Any mandatory reduction of deliveries from the city to its customers shall also be distributed as pro rata curtailment of water deliveries to or diversions by wholesale water customers, as provided in Texas Water Code, section 11.039.
(B) 
City and local governments.
In addition to actions listed above:
(i) 
Continue or initiate any actions available under stages 1 and 2.
(ii) 
Review conditions or problems that caused stage 3. Take corrective action.
(iii) 
Implement viable alternative water supply strategies.
(iv) 
Increase frequency of media releases explaining the emergency situation.
(v) 
Reduce city and local government water use to the maximum extent possible.
(vi) 
Prohibit the permitting of new swimming pools, Jacuzzi-type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction may be completely filled with water.
(vii) 
Landscape watering at municipal parks, golf courses, and sports fields is prohibited.
Exception: Golf course greens may be watered by hand as needed to keep them alive; however, watering must be done before 10:00 a.m. and after 6:00 p.m.
(viii) 
Institute a mandated reduction in deliveries to all wholesale customers. Such a reduction will be distributed as required by Texas Water Code, section 11.039.
(ix) 
If TRWD has imposed a reduction in water available to customers, impose the same percent reduction on wholesale customers.
(C) 
Commercial or industrial users.
(i) 
All actions listed above for all water users apply to commercial and industrial users.
Exception: Water uses that utilize treated wastewater effluent exclusively are not subject to water use restrictions.
(ii) 
Landscape watering at parks, golf courses, and sports fields is prohibited.
Exception: Golf course greens may be watered by hand as needed to keep them alive; however, watering must be done before 10:00 a.m. and after 6:00 p.m.
(iii) 
Hotels, restaurants, and bars required to serve drinking water to patrons on an “on demand” basis.
(iv) 
Require hotels to implement laundry conservation measures by encouraging patrons to reuse linens and towels.
(v) 
Stock at a commercial plant nursery may be watered only with a hand-held hose, hand-held watering can, or drip irrigation system.
(vi) 
Commercial and industrial water users required to reduce water use by a set percentage determined by the mayor.
(vii) 
Use of water from hydrants for any purpose other than firefighting related activities, or other activities necessary to maintain public health, safety and welfare, requires a variance issued by the mayor. Non-emergency fire hydrant use may be limited to only designated hydrants. Upon declaration of this drought stage, all holders or applicants of a water fire hydrant meter agreement are required to apply for a variance as set forth in this plan. If conditions allow, as determined by the mayor, the use of water from hydrants may continue until the mayor, or his/her official designee, issues a determination on the petition for variance. If conditions do not allow, the mayor may require all fire hydrant meters to be immediately returned from the field, pending determination of each petition for variance.
(4) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased or when the circumstances that caused the initiation of stage 3 no longer prevail. The city will notify its wholesale customers and the media of the termination of stage 3 in the same manner as the notification of initiation of stage 3 of the plan. Notification of termination of stage 3 will include instructions to set stage 2, set stage 1, or terminate all drought response stages as determined by the mayor, or his/her designee.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.508)
Mandatory water use restrictions may be imposed in stages 1, 2, and 3 drought stages. These mandatory water use restrictions will be enforced by warnings and penalties as follows:
(1) 
On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction.
(2) 
On the second and subsequent violations, citations may be issued to customers, with minimum and maximum fines established by ordinance.
(3) 
After two violations have occurred, the utility may install a flow restrictor in the line to limit the amount of water that may pass through the meter in a 24-hour period.
(4) 
After three violations have occurred, the city may cut off water service to the customer.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.509)
(a) 
The mayor, or his/her official designee, may grant temporary variances for existing water uses otherwise prohibited under this drought contingency plan if one or more of the following conditions are met:
(1) 
Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the applicant.
(2) 
Compliance with this plan cannot be accomplished due to technical or other limitations.
(3) 
Alternative methods that achieve the same level of reduction in water use can be implemented.
(b) 
Variances shall be granted or denied at the discretion of the mayor, or his/her official designee. All petitions for variances should be in writing, and should include the following information:
(1) 
Name and address of the petitioner(s);
(2) 
Purpose of water use;
(3) 
Specific provisions from which relief is requested;
(4) 
Detailed statement of the adverse effect of the provision from which relief is requested;
(5) 
Description of the relief requested;
(6) 
Period of time for which the variance is sought;
(7) 
Alternative measures that will be taken to reduce water use;
(8) 
Other pertinent information.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.510)
Each wholesale raw water supply contract entered into or renewed by the city after March 1, 2010, shall contain a requirement that the customer adopt and comply with a drought contingency plan compliant with the city’s drought contingency plan. To the extent not prevented by enforcement of provisions in the city’s wholesale contracts in effect prior to March 1, 2010, the city will implement pro rata curtailment of water deliveries or diversions pursuant to Texas Water Code, section 11.039.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.512)
As required by TCEQ rules, the city will review this drought contingency plan in 2015 and at least every five years thereafter. The plan will be updated as appropriate based on new or updated information.
Editor’s note-The drought contingency plan was reviewed by the city council at public hearings on May 6, 2014, and June 3, 2014, with respect to the continuation of this plan.
(Ordinance 2014-10 adopted 6/3/14; 2001 Code, sec. 13.513)