(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 conditions, 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 to be non-essential, and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 13.05.010 of this plan.
(Ordinance adopted 6/11/12, sec. I)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of scheduling a hearing by providing public notice and holding a hearing to allow public input.
(Ordinance adopted 6/11/12, sec. II)
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 by means of press releases, public postings, or door hangers.
(Ordinance adopted 6/11/12, sec. III)
The city administrator or designee is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city administrator or designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance adopted 6/11/12, sec. V)
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 adopted 6/11/12, sec. VI)
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and institutional water use.
Water use which is integral to the operations of commercial and 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 and 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 a greater usability and value.
Landscape irrigation use.
Water used for the irrigation and/or maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way and medians.
Non-essential water use.
Water uses that are neither essential nor required for the protection of the 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(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.
(Ordinance adopted 6/11/12, sec. VII)
The city administrator, or his/her designee, shall regularly monitor water supply and demand conditions and in accordance with the triggering criteria set forth by the plan shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified “triggers” are reached. The triggering criteria described below are based on known system capacity limits.
(1) 
Stage 1 trigger - Mild conditions (lake level 605 feet).
(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 13.05.009 of this plan (also see section 13.05.007, definitions) when the water supply available to the city from Lake Stillhouse Hollow Reservoir is 60% of total active water supply capacity.
(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 30 consecutive days.
(2) 
Stage 2 trigger - Moderate conditions (lake level 600 feet).
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 13.05.009 of this plan (also see section 13.05.007, definitions) when the water supply available to the city from Lake Stillhouse Hollow Reservoir is 50% of total active water supply capacity.
(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 30 consecutive days. Upon termination of Stage 2, Stage 1 may become operative if any triggering criteria are met.
(3) 
Stage 3 trigger - Severe conditions (lake level 595 feet).
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 13.05.009 of this plan (also see section 13.05.007, definitions) when the water supply available to the city from Lake Stillhouse Hollow Reservoir is 40% of total active water supply capacity.
(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 30 consecutive days. Upon termination of Stage 3, Stage 2 or Stage 1 may become operative if any triggering criteria are met.
(4) 
Stage 4 trigger - Emergency conditions (lake level 590 feet).
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 13.05.009 of this plan (also see section 13.05.007, definitions) when the water supply available to the city from Lake Stillhouse Hollow Reservoir is below 30% of total active water supply capacity.
(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 30 consecutive days. Upon termination of Stage 4, Stage 3, Stage 2, or Stage 1 may become operative if any triggering criteria are met.
(Ordinance adopted 6/11/12, sec. VIII)
(a) 
Implementation of plan.
The city administrator, or his/her designee, shall monitor water supply and demand on a regular basis and, in accordance with the triggering criteria set forth in section 13.05.008 of this plan, shall determine which stage of the plan exists, and shall implement the drought contingency plan.
(b) 
Notification of public.
The city administrator, or his/her designee, shall notify the public by means of press releases, public postings, or door hangers.
(c) 
Notification of public officials and private entities.
The city administrator or designee shall notify directly, or cause to be notified directly, the following individuals and entities: mayor, city council members, fire chief, TCEQ, nursing homes and medical clinics.
(d) 
Stage 1 response - Mild conditions.
(1) 
Voluntary water use restrictions for reducing demand.
The city will ask its water customers to voluntarily limit all outside watering or water use to between the hours of 8:00 p.m. and 6:00 a.m.
(e) 
Stage 2 responses - Moderate conditions.
The city will ask its water customers to restrict all outside watering use 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 customers with a street address ending in an odd number (1, 3, 5, 7, or 9). Water use will only be allowed between the hours of 8:00 p.m. and 6:00 a.m.
(f) 
Stage 3 responses - Severe conditions.
The city will ask its water customers to restrict all outside watering or water use to the same restrictions as in Stage 2, except that [use of] permanently installed automatic sprinkler systems is prohibited at all times. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is prohibited. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or service station.
(g) 
Stage 4 - Emergency conditions.
The city will ask its customers to restrict all outside watering or water use. Irrigation of landscaped areas is absolutely prohibited as is the use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle. The filling, refilling, or adding water to swimming pools, wading pools, or Jacuzzi-type pools is prohibited. Operation of any ornamental fountain for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life.
(h) 
Stage 5 - Water rationing.
In the event that water shortage conditions threaten public health, safety, and welfare, the city administrator is hereby authorized to institute water rationing measures according to the following water allocation procedure. Water use restrictions as indicated under Stage 4 (emergency water shortage condition) above are to be in effect. All outside water uses are prohibited, except for fighting fires and for animals.
(1) 
Single-family residential customers.
(A) 
The potable water allocation to residential water customers residing in a single-family dwelling under water rationing conditions shall be 8,000 gallons per customer (household) per month.
(B) 
(i) 
Residential water customers shall pay the following surcharges for all water usage above the allocated amount. The surcharge becomes effective upon initiation of water rationing and will be charged to the customer when allocated usage is exceeded. This surcharge will be cumulative. Current water rates shall apply up to and including monthly allocations. Current sewer rates shall apply as appropriate, but will not be surcharged.
(ii) 
Residential surcharges:
a. 
Allocation is 8,000 gallons per customer (household).
b. 
Surcharge in the amount adopted by the city council.
(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. Customers billed from a master meter under this provision shall pay current water rates up to and including monthly allocations. Current sewer rates shall apply as appropriate, but will not be surcharged.
(B) 
A surcharge in the amount adopted by the city council will be charged for each 1,000 gallons over total allocation based on the number of rented apartments or mobile homes at the beginning of the billing period. Surcharges shall be accumulative.
(3) 
Commercial/industrial customers.
(A) 
A monthly water usage allocation is established for each nonresidential commercial or industrial customer according to meter size. These customers shall pay the monthly surcharges adopted by the city council for each meter in the event water rationing (Stage 4 [5]) is placed into effect.
Meter Size
Monthly Allocation
3/4" to 1"
10,000 gallons
2"
25,000 gallons
(B) 
Current water rates will apply up to and including monthly allocations. Surcharges shall be cumulative. Current sewer rates shall apply as appropriate, but will not be surcharged.
(Ordinance adopted 6/11/12, sec. IX; Ordinance adopting 2018 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 any amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city administrator or his 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 in accordance with the general penalty provided in section 1.01.009 of this code. Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this plan, the city administrator 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 and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city administrator that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in district court.
(c) 
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 any such person shall have the right to show that they did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children, and proof of that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if they prove that they 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 known of the violation.
(d) 
Any employee of the city, police officer, or other employee designated by the city administrator may issue a citation to a person they reasonably believe 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, the offense charged, and shall direct them to appear in the municipal court on the date shown on the citation for which the [date] shall not be less than three (3) days nor more than five (5) days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of the 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 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 their arrest may be issued. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance adopted 6/11/12, sec. X; Ordinance adopting 2018 Code)
(a) 
The city administrator, or his designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(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 the same level [sic] 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 (5) days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city administrator, or his designee, and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of the water use.
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 
A 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 administrator or his 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 has 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 adopted 6/11/12, sec. XI)