(a) 
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 condition, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water.
(b) 
Water uses regulated or prohibited under this drought contingency plan (“the plan”) are considered non-essential, and continuation of the uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender to penalties as defined in section 13.08.010 of this code.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.40; Ordinance 421 adopted 12/21/1999)
The city 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 through press releases and direct mailings to customers.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.41; Ordinance 421 adopted 12/21/1999)
(a) 
Coordination with regional water planning groups.
The service area of the city is located within the Region I Water Planning Area and the city has provided a copy of this plan to the Region I Water Planning Group.
(b) 
Authority to implement plan.
The city manager or his/her designee is hereby authorized and directed to implement the applicable provisions of this plan upon determination that 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.
(c) 
Applicability.
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 405 adopted 11/16/1993; 1995 Code, sec. 52.42; Ordinance 421 adopted 12/21/1999)
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 used which is integral to the operations 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 or waste of water, improve efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer.
Any person, company, 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, or sanitation, or for cleaning a residence, business, industry or institution.
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 not 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 as 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) 
Use 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 within a reasonable period after having been given notice directing the repair of the leak; 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.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.43; Ordinance 421 adopted 12/21/1999)
(a) 
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. Public notification of the initiation or termination of drought response stages shall be by means of a press release to all local newspapers, radio stations, cable TV interrupt, and television stations.
(b) 
The triggering criteria described below are based on system capacity and distribution system computer modeling under record drought conditions.
(1) 
Stage 1 - Mild water shortage conditions.
(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 13.08.004, when total daily water demand equals or exceeds 13 million gallons for three consecutive days or 13.5 million gallons on a single day based on the “safe” operating capacity of water supply facilities.
(B) 
Requirements for termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days.
(2) 
Stage 2 - Moderate water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses provided in section 13.08.006 when total daily water demand equals or exceeds 14 million gallons for three consecutive days or 15 million gallons on a single day based on the “safe” operating capacity of water supply facilities.
(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 three consecutive days. Upon termination of Stage 2, Stage 1 becomes operative.
(3) 
Stage 3 - Severe water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for Stage 3 of this plan when total daily water demand equals or exceeds 15 million gallons for three consecutive days or 15.5 million gallons on a single day based on the “safe” operating capacity of water supply facilities.
(B) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days. Upon termination of Stage 3, Stage 2 becomes operative.
(4) 
Stage 4 - Critical water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for Stage 4 of this plan when total daily water demand equals or exceeds 16 million gallons on a single day.
(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 three consecutive days. Upon termination of Stage 4, Stage 3 becomes operative.
(5) 
Stage 5 - Emergency water shortage conditions.
(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:
(i) 
Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service;
(ii) 
Natural or human-made contamination of the water supply source(s); or
(iii) 
Contamination of the water distribution system due to losses of system pressure.
(B) 
Requirements for termination.
Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days.
(6) 
Water rationing.
(A) 
Requirements for initiation.
Customers shall be required to comply with the water allocation plan prescribed in section 13.08.007 when the city manager, or his/her designee, determines that a water supply emergency exists based on Stage 5 conditions.
(B) 
Requirements for termination.
Water rationing may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.44; Ordinance 421 adopted 12/21/1999)
(a) 
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 13.08.005, shall determine that a mild, moderate, severe, critical, or emergency condition exists.
(b) 
The city manager shall implement the following actions upon publication of notice in a newspaper of general circulation:
(1) 
Stage 1 - Mild water shortage conditions.
(A) 
Goal.
Achieve a voluntary 10% reduction in daily water demand.
(B) 
Supply management measures.
Raise public awareness of the situation through direct mail-outs of brochures on water conservation methods. Issue press release.
(C) 
Voluntary water use restrictions.
(i) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7, or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
(ii) 
All operations of the city shall adhere to water use restrictions prescribed for Stage 2 of the plan.
(iii) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(2) 
Stage 2 - Moderate water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Reduce flushing of water mains. Reduce irrigation of public landscaped areas. Issue press release.
(C) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to the hours of 2:00 a.m. until 5:00 a.m. and between 9:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet-filled bucket or watering can of five gallons or less, or a drip irrigation system.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, 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.
(iii) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where the fountains or ponds are equipped with a recirculation system.
(v) 
Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the city.
(vi) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the city, the facility shall not be subject to these regulations.
(vii) 
All restaurants are prohibited from serving water to patrons except when requested.
(viii) 
The following uses of water are defined as non-essential and are prohibited:
a. 
Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
b. 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
c. 
Use of water for dust control;
d. 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
e. 
Failure to repair a controllable leak within a reasonable period after having been given notice directing the repair of the leak.
(3) 
Stage 3 - Severe water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Discontinue all flushing of water mains. Discontinue all irrigation of public landscaped areas. Implement existing water contracts or agreements with adjacent water providers. Move personnel to leak-repair crew and add evening shift. Issue press release.
(C) 
Water use restrictions.
All requirements of Stage 2 shall remain in effect during Stage 3 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 2:00 a.m. and 5:00 a.m. and between 9:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or a permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(ii) 
The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the city.
(iii) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(4) 
Stage 4 - Critical water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Discontinue all unnecessary water use by city personnel. Move personnel to leak-repair crews. Provide personnel to enforcement crews to insure compliance with the drought contingency plan. Reduce water to wholesale customers. Issue press release.
(C) 
Water use restrictions.
All requirements of Stages 2 and 3 shall remain in effect during Stage 4 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 2:00 a.m. and 4:00 a.m. and between 9:00 p.m. and 10:00 p.m. and shall be by means of hand-held hoses, hand- held buckets, or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems is prohibited at all times.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial carwash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, vehicle washing at commercial carwashes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(iii) 
The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where the fountains or ponds are equipped with a recirculation system.
(v) 
No applications 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 allowed or approved.
(5) 
Stage 5 - Emergency water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Reduce unessential personnel. Move personnel to enforcement teams. Have emergency crews and equipment on 24-hour standby. Activate 24-hour leak-repair crews. Eliminate wholesale water usage. Issue press release.
(C) 
Water use restrictions.
All requirements of Stages 2, 3, and 4 shall remain in effect during Stage 5 except:
(i) 
Irrigation of landscaped areas is absolutely prohibited.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.45; Ordinance 421 adopted 12/21/1999)
In the event that water shortage conditions threaten public health, safety, and welfare, the city manager is hereby authorized to ration water according to the following water allocation plan:
(1) 
Single-family residential customers.
(A) 
The allocation to residential water customers residing in a single-family dwelling shall be as follows:
Persons per Household
Gallons per Month
1 or 2
6,000
3 or 4
7,000
5 or 6
8,000
7 or 8
9,000
9 or 10
10,000
11 or more
12,000
“Household” means the residential premises served by the customer’s meter.
“Persons per household” includes only those persons currently physically residing at the premises and expected to reside there for the entire billing period. It shall be assumed that a particular customer’s household is comprised of two persons unless the customer notifies the city of a greater number of persons per household on a form prescribed by the city manager. The city manager shall give his/her best effort to see that the forms are mailed, otherwise provided, or made available to every residential customer. If, however, a customer does not receive a form, it shall be the customer’s responsibility to go to the city offices to complete and sign the form claiming more than two persons per household. New customers may claim more persons per household at the time of applying for water service on the form prescribed by the city manager. When the number of persons per household increases so as to place the customer in a different allocation category, the customer may notify the city on the form and the change will be implemented in the next practicable billing period. If the number of persons in a household is reduced, the customer shall notify the city in writing within two days. In prescribing the method for claiming more than two persons per household, the city manager shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of persons in a household or fails to timely notify the city of a reduction in the number of persons in a household shall be fined not less than $1,000.00.
(B) 
Residential water customers shall pay the surcharges provided in the fee schedule. The surcharge shall be cumulative.
(2) 
Master-metered multifamily residential customers.
(A) 
The allocation to a customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes) shall be allocated 6,000 gallons per month for each dwelling unit. It shall be assumed that a customer’s meter serves two dwelling units unless the customer notifies the city of a greater number on a form prescribed by the city manager. The city manager shall give his/her best effort to see that forms are mailed, otherwise provided, or made available to every customer. If, however, a customer does not receive a form, it shall be the customer’s responsibility to go to the city offices to complete and sign the form claiming more than two dwellings. A dwelling unit may be claimed under this provision whether it is occupied or not. New customers may claim more dwelling units at the time of applying for water service on the form prescribed by the city manager. If the number of dwelling units served by a master meter is reduced, the customer shall notify the city in writing within two days. In prescribing the method for claiming more than two dwelling units, the city manager shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of dwelling units served by a master meter or fails to timely notify the city of a reduction in the number of persons in a household shall be fined not less than $2,000.00.
(B) 
Customers billed from a master meter under this provision shall pay the monthly surcharges provided in the fee schedule. Surcharges shall be cumulative.
(3) 
Commercial customers.
(A) 
A monthly water usage allocation shall be established by the city manager, or his/her designee, for each nonresidential commercial customer other than an industrial customer who uses water for processing purposes. The nonresidential customer’s allocation shall be approximately 75% of the customer’s usage for corresponding month’s billing period for the previous 12 months. If the customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. The city manager shall give his/her best effort to see that notice of each nonresidential customer’s allocation is mailed to the customer. If, however, a customer does not receive the notice, it shall be the customer’s responsibility to contact the city to determine the allocation. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased if:
(i) 
The designated period does not accurately reflect the customer’s normal water usage;
(ii) 
One nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or
(iii) 
Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the city council.
(B) 
Nonresidential commercial customers shall pay the surcharges provided in the fee schedule. The surcharges shall be cumulative.
(4) 
Industrial customers.
(A) 
A monthly water usage allocation shall be established by the city manager, or his/her designee, for each industrial customer which uses water for processing purposes. The industrial customer’s allocation shall be approximately 85% of the customer’s water usage baseline. Ninety days after the initial imposition of the allocation for industrial customers, the industrial customer’s allocation shall be further reduced to 80% of the customer’s water usage baseline. The industrial customer’s water usage baseline will be computed on the average water usage for the 12-month period ending prior to the date of implementation of Stage 2 of the plan. If the industrial water customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The city manager shall give his/her best effort to see that notice of each industrial customer’s allocation is mailed to the customer. If, however, a customer does not receive the notice, it shall be the customer’s responsibility to contact the city to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased if:
(i) 
The designated period does not accurately reflect the customer’s normal water usage because the customer had shut down a major processing unit for repair or overhaul during the period;
(ii) 
The customer has added or is in the process of adding significant additional processing capacity;
(iii) 
The customer has shut down or significantly reduced the production of a major processing unit;
(iv) 
The customer has previously implemented significant permanent water conservation measures such that the ability to further reduce usage is limited;
(v) 
The customer agrees to transfer part of its allocation to another industrial customer; or
(vi) 
Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the city council.
(B) 
Industrial customers shall pay the surcharges provided in the fee schedule. The surcharges shall be cumulative.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.46; Ordinance 421 adopted 12/21/1999; Ordinance adopting Code)
(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 city manager, or his/her designee, in accordance with provisions of this plan.
(b) 
Any person, including a person classified as a water customer of the city, 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 that 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 that 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.
(c) 
Any employee of the city designated as code enforcement, police officer, city engineer, public works director, water utilities director, or other employee designated by the city manager may issue a citation to a person he/she reasonably believes to be in violation of this plan. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, and the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation, for which the date shall not be less than three days nor more than five 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 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 municipal court before all other cases.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.47; Ordinance 421 adopted 12/21/1999)
(a) 
The city manager, 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 the variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting the variance and if one or more of the following conditions are met:
(1) 
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.
(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 plan shall file a petition for variance with the city within five 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:
(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 the petitioner complies with this plan.
(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.
(8) 
Other pertinent information.
(c) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.48; Ordinance 421 adopted 12/21/1999)
Any person who violates any provision of this division is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $1,000.00 and not more than $2,000.00. Each day that one or more of the provisions in this division is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this division, the city manager shall, upon due notice to the customer, be authorized to discontinue water service to the premises where the violations occur. Services discontinued under these circumstances shall be restored only upon payment of a reconnection charge, hereby established at $2,000.00, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager that the same action shall not be repeated while the drought contingency plan is in effect. Compliance with this division may also be sought through injunctive relief in the district court.
(Ordinance 405 adopted 11/16/1993; 1995 Code, sec. 52.99(B); Ordinance 421 adopted 12/21/1999)
(a) 
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 condition, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water.
(b) 
Water uses regulated or prohibited under this drought contingency plan (“the plan”) are considered non-essential, and continuation of the uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender to penalties as defined in section 13.08.010 of this code.
(1995 Code, sec. 52.60; Ordinance 423 adopted 6/6/2000; Ordinance adopting Code)
The city will periodically provide the 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 in each stage. This information will be provided through press releases and direct mailings to customers.
(1995 Code, sec. 52.61; Ordinance 423 adopted 6/6/2000)
(a) 
Coordination with regional water planning group.
The service area of the city is located within the Region I Water Planning Area, and the city has provided a copy of this plan to the Region I Water Planning Group.
(b) 
Authority to implement plan.
The city manager or his/her designee is hereby authorized and directed to implement the applicable provisions of this plan upon determination that 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.
(c) 
Applicability.
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.
(1995 Code, sec. 52.62; Ordinance 423 adopted 6/6/2000)
(a) 
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. Public notification of the initiation or termination of drought response stages shall be by means of a press release to all local newspapers, radio stations, cable TV interrupt, and television stations.
(b) 
The triggering criteria described below are based on system capacity and distribution system computer modeling under record drought conditions.
(1) 
Stage 1 - Mild water shortage conditions.
(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 13.08.004, when total daily water demand equals or exceeds 13 million gallons for three consecutive days or 13.5 million gallons on a single day based on the “safe” operating capacity of water supply facilities.
(B) 
Requirements for termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days.
(2) 
Stage 2 - Moderate water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 13.08.004 when total daily water demand equals or exceeds 14 million gallons for three consecutive days or 15 million gallons on a single day based on the “safe” operating capacity of water supply facilities.
(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 three consecutive days. Upon termination of Stage 2, Stage 1 becomes operative.
(3) 
Stage 3 - Severe water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for Stage 3 of this plan when total daily water demand equals or exceeds 15 million gallons for three consecutive days or 15.5 million gallons on a single day based on the “safe” operating capacity of water supply facilities.
(B) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days. Upon termination of Stage 3, Stage 2 becomes operative.
(4) 
Stage 4 - Critical water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for Stage 4 of this plan when total daily water demand equals or exceeds 16 million gallons on a single day.
(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 three consecutive days. Upon termination of Stage 4, Stage 3 becomes operative.
(5) 
Stage 5 - Emergency water shortage conditions.
(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:
(i) 
Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service;
(ii) 
Natural or man-made contamination of the water supply source(s); or
(iii) 
Contamination of the water distribution system due to losses of system pressure.
(B) 
Requirements for termination.
Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days.
(1995 Code, sec. 52.63; Ordinance 423 adopted 6/6/2000)
(a) 
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 13.08.034, shall determine that a mild, moderate, severe, critical, or emergency condition exists.
(b) 
The city manager shall implement the following actions upon publication of notice in a newspaper of general circulation:
(1) 
Stage 1 - Mild water shortage conditions.
(A) 
Goal.
Achieve a voluntary 10% reduction in daily water demand.
(B) 
Supply management measures.
Raise public awareness of the situation through direct mail-outs of brochures on water conservation methods. Issue press release.
(C) 
Voluntary water use restrictions.
(i) 
Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7, or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight on designated watering days.
(ii) 
All operations of the city shall adhere to water use restrictions prescribed for Stage 2 of the plan.
(iii) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes.
(D) 
Demand management measures.
(i) 
The city manager, or his/her designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use as listed above.
(ii) 
The city manager, or his/her designee, will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(2) 
Stage 2 - Moderate water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Reduce flushing of water mains. Reduce irrigation of public landscaped areas. Issue press release.
(C) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to the hours of 2:00 a.m. until 5:00 a.m. and between 9:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet-filled bucket or watering can of five gallons or less, or a drip irrigation system.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, 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.
(iii) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where the fountains or ponds are equipped with a recirculation system.
(v) 
Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the city.
(vi) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the city, the facility shall not be subject to these regulations.
(vii) 
All restaurants are prohibited from serving water to its patrons except when requested.
(viii) 
The following uses of water are defined as non-essential and are prohibited:
a. 
Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
b. 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
c. 
Use of water for dust control;
d. 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
e. 
Failure to repair a controllable leak within a reasonable period after having been given notice directing the repair of the leak.
(D) 
Demand management measures.
(i) 
The city manager, or his/her designees(s), will initiate weekly contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries.
(ii) 
The city manager, or his/her designee(s), will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g., implement Stage 2 of the customer’s drought contingency plan).
(iii) 
The city manager, or his/her designee(s), will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries by preparing a monthly water usage allocation baseline for each wholesale customer according to the procedures specified in section 13.08.033(c) [13.08.036].
(iv) 
The city manager, or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(3) 
Stage 3 - Severe water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Discontinue all flushing of water mains. Discontinue all irrigation of public landscaped areas. Implement existing water contracts or agreements with adjacent water providers. Move personnel to leak-repair crew and add evening shift. Issue press release.
(C) 
Water use restrictions.
All requirements of Stage 2 shall remain in effect during Stage 3 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 2:00 a.m. and 5:00 a.m. and between 9:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or a permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times.
(ii) 
The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the city.
(iii) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(D) 
Demand management measures.
(i) 
The city manager, or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g., implement Stage 3 of the customer’s drought contingency plan).
(ii) 
The city manager, or his/her designee(s), will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in section 13.08.034 [13.08.036].
(iii) 
The city manager, or his/her designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(4) 
Stage 4 - Critical water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Discontinue all unnecessary water use by city personnel. Move personnel to leak-repair crews. Provide personnel to enforcement crews to insure compliance with the drought contingency plan. Reduce water to wholesale customers. Issue press release.
(C) 
Water use restrictions.
All requirements of Stages 2 and 3 shall remain in effect during Stage 4 except:
(i) 
Irrigation of landscaped areas shall be limited to designated watering days between the hours of 2:00 a.m. and 4:00 a.m. and between 9:00 p.m. and 10:00 p.m. and shall be by means of hand-held hoses, hand- held buckets, or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems is prohibited at all times.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial carwash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, vehicle washing at commercial carwashes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(iii) 
The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited.
(iv) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where the fountains or ponds are equipped with a recirculation system.
(v) 
No applications 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 allowed or approved.
(D) 
Demand management measures.
The city manager, or his/her designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g., implement Stage 4 of the customer’s drought contingency plan).
(5) 
Stage 5 - Emergency water shortage conditions.
(A) 
Goal.
Achieve a 10% reduction in daily water demand.
(B) 
Supply management measures.
Reduce unessential personnel. Move personnel to enforcement teams. Have emergency crews and equipment on 24-hour standby. Activate 24-hour leak-repair crews. Eliminate wholesale water usage. Issue press release.
(C) 
Water use restrictions.
All requirements of Stages 2, 3, and 4 shall remain in effect during Stage 5 except:
(i) 
Irrigation of landscaped areas is absolutely prohibited.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(1995 Code, sec. 52.64; Ordinance 423 adopted 6/6/2000)
In the event that the triggering criteria specified in section 13.08.034 for Stage 3 severe water shortage conditions have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section 11.039 and according to the following water allocation policies and procedures:
(1) 
A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline. The percentage will be set by resolution of the city council based on the city manager’s assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month.
(2) 
A water usage allocation shall be established by the city manager, or his/her designee, for each wholesale customer. The wholesale customer’s water usage for each drought response stage will be computed based on a percentage of the maximum daily water usage as identified in the customer’s water supply contract with the city. The water available to wholesale customers will be reduced by the percent of desired water reduction as listed in each drought response stage, section 13.08.035.
(3) 
The city manager shall provide notice, by certified mail, to each wholesale customer informing them of their water usage allocations for each drought response stage and shall notify the news media and the executive director of the state commission on environmental quality upon initiation of pro rata water allocation.
(4) 
Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased if:
(A) 
The designated period does not accurately reflect the wholesale customer’s normal water usage;
(B) 
The customer agrees to transfer part of its allocation to another wholesale customer; or
(C) 
Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the city council.
(1995 Code, sec. 52.65; Ordinance 423 adopted 6/6/2000)
During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/or deliveries:
(1) 
Two times the normal water charge per 1000 gallons for water diversions and/or deliveries in excess of the water allocation up through 5 percent above the water allocation.
(2) 
Two and one-half times the normal water charge per 1000 gallons for water diversions and/or deliveries in excess of the water allocation from 5 percent through 10 percent above the water allocation.
(3) 
Three times the normal water charge per 1000 gallons for water diversions and/or deliveries in excess of the water allocation from 10 percent through 15 percent above the water allocation.
(4) 
Three and one-half times the normal water charge per 1000 gallons for water diversions and/or deliveries more than 15 percent above the water allocation.
(5) 
The above surcharges shall be cumulative.
(1995 Code, sec. 52.66; Ordinance 423 adopted 6/6/2000)
(a) 
The city manager, or his/her designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this plan if it is determined that failure to grant the variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met:
(1) 
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.
(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 plan shall file a petition for variance with the city within five days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the city council and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with this plan.
(3) 
Description of the relief requested.
(4) 
Period of time for which the variance is sought.
(5) 
Alternative measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date.
(6) 
Other pertinent information.
(c) 
Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner failed to meet specified requirements.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(1995 Code, sec. 52.67; Ordinance 423 adopted 6/6/2000)