The objectives of this drought contingency plan are 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.
(Ordinance O-15-10, ex. A, sec. III, adopted 8/23/10)
The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in title 30, part I, chapter 288, subchapter B, rule 288.2 of the Texas Administrative Code (copy attached to Ordinance O-15-10 as appendix C). The TCEQ defines a drought plan 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. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s).” The drought contingency plan for the city is contained in division 3 of this water conservation and drought contingency plan. The elements in the TCEQ drought rules covered in this drought contingency plan are listed below.
Minimum Drought Plan Requirements for Retail Water Suppliers
The city is a retail water supplier to all customers in the Glenn Heights certificate of convenience and necessity (CCN) area. This area is depicted in the CCN map attached to Ordinance O-15-10 as appendix B. The minimum requirements in the Texas Administrative Code for drought plans for retail water suppliers are covered in this report as follows:
288.20(a)(1)(A)
Public Input
288.20(a)(1)(B)
Public Education
288.20(a)(1)(C)
Documentation of Coordination with Regional Water Planning Groups
288.20(a)(1)(D)
Triggering Criteria for Initiation and Termination of Drought Response Stages
288.20(a)(1)(E)
Drought Response Stages
288.20(a)(1)(F)
Water Demand Management Measures
288.20(a)(1)(G)
Procedures for Initiation and Termination of Drought Response Stages
288.20(a)(1)(H)
Procedures for Granting Variances
288.20(a)(1)(I)
Enforcement of Mandatory Water Use Restrictions
288.20(b)
Notification of the Executive Director
288.20(c)
Review and Update of Drought Contingency Plan
(Ordinance O-15-10, ex. A, sec. III, adopted 8/23/10)
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 operation of commercial and nonprofit 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 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.
Customers.
Any person, company, entity or organization using water supplied by the city.
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.
Drought contingency plan.
A strategy or combination of strategies for temporary supply management and demand management responses to temporary or potentially recurring water supply shortages and other water supply emergencies.
Even-numbered 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 neither essential nor required for the protection of public health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Uses of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
Plan.
The drought contingency plan adopted by the city.
Recreational water use.
Water used for leisure and entertainment purposes. Examples include but are not limited to swimming pools, Jacuzzi-type pools, water theme parks, wading pools and water toys.
Retail customers.
Any water customer that receives water supply from the city water supply system.
Supplier.
Dallas Water Utilities.
Trigger.
A condition that would require certain operating conditions prescribed in the plan.
(Ordinance O-15-10, ex. A, sec. III, adopted 8/23/10)
The provisions of this plan shall apply to all persons, customers and property 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 O-15-10, ex. A, sec. III (5), adopted 8/23/10)
(a) 
The director of public works and his/her designee shall monitor water supply and/or demand conditions on a daily basis, or in conjunction with and upon written notice by the supplier, and shall determine when conditions warrant initiation or termination of each stage of the plan. Public notification of the response stages shall be by means of signs and posters in public places, and/or handouts or local media.
(b) 
After implementation, the city manager shall immediately notify the mayor and city council. Public notification shall be made by handouts, website postings, local news media, signs or posters in public places.
(c) 
Once the authorization has been given, operations shall continue under the drought contingency plan, with progression from one stage to another as determined by the appropriate trigger conditions as notified by the supplier and executed by the director of public works. Operations may be returned to normal procedures once the trigger conditions have dissipated and by authorization of the director of public works in consultation with the city manager. The mayor and city council will be notified immediately of the return to normal operations.
(d) 
The triggering criteria described below are based on the following:
(1) 
Available water supplies from the supplier, Dallas Water Utilities:
(A) 
DWU determines the total raw water supply in connected lakes (east and west); or, (2) the western lakes; or, (3) the eastern lakes has dropped below 65% (35% depleted) of DWU’s share of the total conservation storage of the lakes; or
(B) 
Water demand has reached or exceeded 85% of delivery capacity for 4 consecutive days; or
(C) 
Water demand approaches a reduced delivery capacity for all or part of the system, as determined by DWU; or
(D) 
Natural or manmade contamination of the water supply source(s) occurs.
(2) 
Demand causes severe stress on water facilities;
(3) 
Equipment failure;
(4) 
Natural disaster; and/or
(5) 
Contamination of water supply.
(e) 
Triggering criteria.
(1) 
Stage 1–Water awareness.
(A) 
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses provided in section 13.03.080 of this plan when:
(i) 
Water demand stresses the distribution system or equipment;
(ii) 
Natural or manmade contamination of the water supply source(s) occurs;
(iii) 
Storage tank levels do not return to safe operating levels; and/or
(iv) 
Notification is received that Stage 1 of the DWU plan has been activated.
(B) 
Requirements for termination.
Stage 1 may be terminated when Stage 1 conditions no longer exist and would be unlikely to recur upon termination.
(2) 
Stage 2–Water watch.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 13.03.078 [13.03.073] of this plan when:
(i) 
Any conditions from Stage 1;
(ii) 
Stage 1 will not achieve conservation requirements;
(iii) 
Storage tank levels do not recover to safe operating levels overnight; and/or
(iv) 
Notification by DWU that Stage 2 of its plan has been activated.
(B) 
Requirements for termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 7 days.
(3) 
Stage 3–Water warning.
(A) 
Requirements for initiation.
Customers shall be required to comply with requirements and restrictions on certain non-essential water uses provided in section 13.03.078 [13.03.073] of this plan when:
(i) 
Any conditions from Stage 1 and/or 2;
(ii) 
Stage 1 or Stage 2 will not achieve conservation requirements;
(iii) 
Severe stress is placed on supply and distribution facilities;
(iv) 
Water demand exceeds supply;
(v) 
Notification by DWU that Stage 3 of its plan has been activated; and/or
(vi) 
Allocations from DWU have been received.
(B) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all of the conditions listed have ceased to exist for a period of 7 days. Upon termination of Stage 3, the director of public works will evaluate the water system to determine proper operating conditions.
(4) 
Stage 4–Water emergency.
(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 any number of situations occur, including natural disaster, massive power outages, massive equipment or facilities failures, or contamination of public water supply.
(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 and would be unlikely to recur upon termination. Upon termination of Stage 4 the director of public works will evaluate the water system to determine proper operating conditions.
(Ordinance O-15-10, ex. A, sec. III (6), adopted 8/23/10)
The director of public works or his/her designee, in consultation with the city manager, shall monitor water supply and demand conditions and, in accordance with the triggering criteria, set forth in section 13.03.079 of this division, shall determine that a mild, moderate, severe or critical emergency condition exists and shall implement the following actions as specified in this plan.
(1) 
Stage 1 response–Water awareness.
Upon written notification from DWU, or any other water provider, that conditions exist and this level of the drought plan has been initiated, the city shall implement the following:
(A) 
Goal for use reduction and actions available under Stage 1–Mild.
Stage 1–Mild is intended to raise public awareness of the potential drought problems. The goal for reduction of water use is one percent (1%) per capita per day.
(B) 
Required water use restriction.
(i) 
Water customers:
a. 
Mandatory limit of two (2) days a week for outside watering;
b. 
No watering between 10:00 a.m. and 6:00 p.m.;
c. 
Minimize water use for non-essential purposes; and
d. 
Increase public education efforts on ways to reduce water use.
(ii) 
City government:
a. 
Initiate public education campaign teaching and encouraging reduced water use practices;
b. 
Encourage twenty-five percent (25%) reduction in frequency of city vehicle washing and rinsing;
c. 
Intensify normal leak detection and repair activities on water pipes and mains;
d. 
Encourage reduction of water use in city-owned ornamental fountains; and
e. 
Encourage reduction in landscape uses for parks.
(iii) 
Commercial customers:
a. 
Identify and encourage voluntary reduction measures by high-volume water use practices [sic];
b. 
Encourage reduction in landscape uses for parks and golf courses; and
c. 
Encourage reduction in water use for landscape nursery stock.
(2) 
Stage 2 response–Water watch.
Upon written notification from DWU, or any other water provider, that conditions exist and this level of the drought plan has been initiated, the city shall implement the following:
(A) 
Goal for use reduction and action available under Stage 2–Moderate.
The goal for water use reduction under Stage 2–Moderate is a five percent (5%) reduction of the use that would have occurred in the absence of drought contingency measures.
(B) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall include:
(i) 
Water customers:
a. 
Irrigation of landscaped areas with hose-end or automatic sprinklers shall be limited to Monday, Wednesday and Friday with even-numbered houses and Tuesday, Thursday and Saturday with odd-numbered houses and further limited to the hours of 6:00 p.m. to 6:00 a.m. Watering is permitted at any time if it is by means of a hand-held hose or a faucet-filled bucket;
b. 
Use of water to fill, refill or add to swimming pools or Jacuzzi-type pools is prohibited except on watering days from 6:00 p.m. to 6:00 a.m.;
c. 
Operation of ornamental fountains for aesthetic purposes is prohibited except where it is equipped with a recirculation system or necessary to support aquatic life;
d. 
Use of fire hydrants shall be limited to firefighting or approved construction purposes with the restriction of allowing water runoff;
e. 
Restrict washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick [tx]rinses. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables;
f. 
The following uses of water are defined as non-essential and prohibited: wash-down of sidewalks, driveways, parking lots, buildings or structures other than for fire protection or dust control;
g. 
Failure to repair controllable leak(s) within a reasonable period of time;
h. 
Encourage the public to wait until the current drought or emergency situation has passed before establishing new landscaping; and
i. 
Continue to increase public education efforts on ways to reduce water use.
(ii) 
City government:
a. 
Initiate engineering studies to evaluate alternatives to mitigate drought conditions should conditions worsen;
b. 
Accelerate public education campaign teaching and encouraging reduced water use practices;
c. 
Reduce the frequency of washing and rinsing of city vehicles by fifty percent (50%);
d. 
Prohibit flushing of new mains not immediately required to provide service;
e. 
Continue intensified leak detection and repair activities on water pipes and mains;
f. 
Prohibit operation of ornamental fountains by city government;
g. 
City government restricted to day-of-week landscape watering schedule except for parks;
h. 
Require reduction of water use through day-of-week landscape watering schedule for parks and golf courses; and
i. 
Increase enforcement efforts.
(iii) 
Commercial customers:
a. 
Identify and encourage voluntary reduction measures by high-volume water users through water use audits;
b. 
Require reduction of water use through day-of-week landscape watering schedule for parks and golf courses; and
c. 
Encourage further reduction in landscape uses for nursery stock.
(C) 
Upon approval of the city council and consent of the water provider, appropriate amendments may be made to these restrictions. Those amendments may include a relaxation or stiffening of restrictions. If mandates do not result in meeting the goal set forth above, further restrictions will be placed on customers.
(3) 
Stage 3 response–Water warning.
Upon written notification from DWU, or any other water provider, that conditions exist and this level of the drought plan, including but not limited to the rationing of the water supply, has been initiated, the city shall implement the following:
(A) 
Goal for use reduction and action available under Stage 3–Severe.
(i) 
The goal for water use reduction under Stage 3–Severe is a fifteen percent (15%) reduction of the use that would have occurred in the absence of drought contingency measures.
(ii) 
Measures described as “requires notification to TCEQ” impose mandatory requirements on the city to notify TCEQ within five (5) business days if the measures are implemented.
(B) 
Water use restrictions.
All requirements of Stage 2 shall remain in effect during Stage 3 plus:
(i) 
Water customers:
a. 
Irrigation of landscaped areas shall be limited to one (1) day every seven (7) days between the hours of 6:00 a.m. [to] 10:00 a.m. and 6:00 p.m. to 12:00 a.m. - hose-end or hand-held devices shall be limited to these same hours. Even-numbered houses shall be allowed to water on Tuesday and odd-numbered houses shall be allowed to water on Thursday. (Exceptions: foundations and new plantings (first year) of trees and shrubs may be watered for up to (two) 2 hours during off-peak hours on the watering schedule by a hand-held hose or a soaker hose. Golf courses may water greens and tee boxes without restrictions. Restrictions do not apply to locations using treated wastewater effluents for irrigation.) Requires notification to TCEQ;
b. 
Prohibit customers from hosing paved areas, buildings or windows, operating ornamental fountains, washing or rinsing vehicles or equipment of any type, by hose and watering in a manner as to allow runoff or other waste. Requires notification to TCEQ;
c. 
Washing of vehicles or equipment of any type may occur at a commercial carwash or commercial service station between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m. only. Requires notification to TCEQ;
d. 
Prohibit the filling, refilling or adding water to a swimming pool, wading pool and Jacuzzi-type pools. Requires notification to TCEQ;
e. 
Permitting of new swimming pools, hot tubs, spas, ornamental ponds and fountain construction are prohibited. Requires notification to TCEQ;
f. 
No application for new, additional, expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. Requires notification to TCEQ;
g. 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system;
h. 
Encourage no establishment of new landscaping. Requires notification to TCEQ;
i. 
Water for construction purposes shall be approved by the director of public works. Requires notification to TCEQ;
j. 
Foundations may be watered for a two-hour period during off-peak hours with a soaker or hand-held hose equipped with a positive shutoff nozzle on the watering schedule;
k. 
A ten percent (10%) rate increase for high water demand users (greater than 10,000 gallons per month per account) shall be initiated.
(ii) 
City government:
a. 
City vehicle washing or rinsing is prohibited.
b. 
Municipal landscape watering is prohibited.
(iii) 
Commercial customers:
a. 
Watering of golf course greens and tee boxes restricted to off-peak hours; watering of other golf course areas and parks is prohibited unless the golf course utilizes a water source other than that provided by the city.
b. 
Watering of nursery plant stock is restricted to designated off-peak hours and day-of-the-week landscape watering schedule.
(C) 
Upon approval of the city council and consent of the water provider, appropriate amendments may be made to these restrictions. Those amendments may include a relaxation or stiffening of restrictions. If mandates do not result in meeting the goal set forth above, further restrictions will be placed on customers.
(4) 
Stage 4 response–Water emergency.
Upon written notification from DWU, or any other water provider, that conditions exist and this level of the drought plan, including but not limited to the rationing of the water supply, has been initiated, the city shall implement the following:
(A) 
Goal for use reduction and action available under Stage 4–Critical.
(i) 
The goal for water use reduction under Stage 4–Critical is a twenty-five percent (25%) reduction of the use that would have occurred in the absence of drought contingency measures.
(ii) 
Measures described as “requires notification to TCEQ” impose mandatory requirements on the city to notify TCEQ within five (5) business days if the measures are implemented.
(B) 
Water use restrictions.
All requirements of Stages 2 and 3 shall remain during Stage 4 plus:
(i) 
Prohibit commercial and residential landscape watering, except that foundations may be watered for two (2) hours each day with a hand-held hose or a soaker hose. (Exception: the watering of greens and tees at the golf courses.) Requires notification to TCEQ;
(ii) 
Prohibit washing of vehicles, manual or automated, except as necessary for health, sanitation or safety reasons. Requires notification to TCEQ;
(iii) 
Prohibit the filling of existing and new private pools. Commercial and public pools may refill to replace losses during normal use. Requires notification to TCEQ;
(iv) 
Require all commercial water users to reduce water use by 20% by limiting hours of operation. Requires notification to TCEQ;
(v) 
All commercial water users shall be individually evaluated and limited by the director of public works and considered by the city council. Requires notification to TCEQ;
(vi) 
Water for construction purposes shall be limited to two (2) hours per day, between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday, with the approval of the director of public works. Requires notification to TCEQ;
(vii) 
All use of fire hydrants shall be limited to firefighting and approval of the director of public works;
(viii) 
Flushing of water mains shall be minimized; and
(ix) 
All rates for usage in excess of 10,000 gallons per month per account (residential or commercial), or any other usage amount above 10,000 gallons per month, as deemed appropriate by the director of public works, in conjunction with the city manager, may be increased by an additional ten percent (10%) or any other percentage deemed appropriate.
(C) 
Upon approval of the city council and consent of the water provider, appropriate amendments may be made to these restrictions. Those amendments may include a relaxation or stiffening of restrictions. If mandates do not result in meeting the goal set forth above, further restrictions will be placed on customers.
(Ordinance O-15-10, ex. A, sec. III (7), adopted 8/23/10)
Any mandatory reduction to deliveries from DWU to the city will result in a limited supply of water. The limited supply of water shall be distributed as follows:
(1) 
With no preference given to anyone.
(2) 
Among all customers.
(3) 
The amount of water to which each customer may be entitled, to the best of the city’s ability.
(4) 
Under the provisions and enforcement of this plan.
(Ordinance O-15-10, ex. A, sec. III (8), adopted 8/23/10)
(a) 
Initiation of drought response stage.
(1) 
The supplier and/or the director of public works 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:
(A) 
The public will be notified through mail-outs, newsletters, website postings, posters or the local newspaper.
(B) 
If any mandatory provisions of the drought contingency plan are activated, the city manager will notify the executive director of the TCEQ within five (5) business days.
(2) 
The supplier and/or the director of public works 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.
(b) 
Termination of drought stage.
(1) 
The supplier and/or director of public works may order the termination of a drought response stage or water emergency when the conditions for termination are met or at his/her discretion. The following actions will be taken when a drought stage is terminated:
(A) 
The public will be notified through mail-outs, newsletters, website postings, posters or the local newspaper.
(B) 
When any mandatory provisions of the drought contingency plan that have been activated or terminated, the city manager will notify the executive director of the TCEQ within five (5) business days.
(2) 
The supplier and/or director of public works 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.
(Ordinance O-15-10, ex. A, sec. III (9), adopted 8/23/10)
(a) 
The director of public works or his/her designee may, in writing, grant a 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 of the person requesting such variance, and if one or more of the following conditions are met:
(1) 
Compliance with this plan cannot be technically accomplished for the duration of the water supply shortage or other condition for which the plan is in effect; and/or
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this article shall file a written petition for variance with the city within five (5) days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the director of public works until such time that the matter can be considered by the city council. A decision by the city council shall be final.
(c) 
The petition for variance must be in writing and include the following information:
(1) 
Name and address of the petitioner(s);
(2) 
Purpose of water use;
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief;
(4) 
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 article;
(5) 
Description of the relief requested;
(6) 
Period of time for which the variance is sought;
(7) 
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; and
(8) 
Other pertinent information.
(d) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the city council:
(1) 
A timetable for compliance; or
(2) 
Expiration when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(e) 
No variance shall be retroactive or otherwise justify a violation of the plan occurring prior to the issuance of the variance.
(Ordinance O-15-10, ex. A, sec. III (10), adopted 8/23/10)
(a) 
No person shall knowingly or intentionally allow the use of water from the city 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 the director of public works 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 of not less than two hundred and fifty dollars ($250.00) and not more than two thousand dollars ($2,000.00). 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 director of public works 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 reconnection charge, hereby established at one hundred and fifty dollars ($150.00), and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city that the same action shall not be repeated while the plan is in effect.
(c) 
Any person, including a person classified as a water customer of the city, who is 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.
(d) 
The chief of police or his/her designee or other city employees designated by the city manager may issue a citation to a person he/she reasonably believes to be in violation of this article. 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 municipal court on the date shown on the citation for which the date shall not be less than three (3) days nor more than fifteen (15) 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 fourteen (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 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 city 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 the city municipal court before all other cases.
(Ordinance O-15-10, ex. A, sec. III (11), adopted 8/23/10)
As required by the Texas Administrative Code, any mandatory restrictions adopted in this drought contingency plan require notification of the executive director of the TCEQ. Upon initiation of these restrictions, the city manager shall notify the executive director within five (5) business days.
(Ordinance O-15-10, ex. A, sec. III (12), adopted 8/23/10)
The city shall review and update, as appropriate, the drought contingency plan, at least every five (5) years, based on new and updated information, such as the adoption and revision of the regional water plan.
(Ordinance O-15-10, ex. A, sec. III (14), adopted 8/23/10)