(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 offenders to penalties as defined in section 13.14.016 of this plan.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1001)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of public hearing on July 18, 2000, at 6:00 p.m.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1002)
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 utility bill inserts.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1003)
The service area of the city is located within the Region K Water Planning Group, and the city has provided a copy of this plan to the Lower Colorado River Authority.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1004)
The mayor, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The mayor, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1005)
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 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1006)
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 the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer.
Any person, company, or organization using water supplied by 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.
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(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.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1006)
The mayor or his/her designee shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified “triggers” are reached. The triggering criteria described below are based on known system capacity limits.
(1) 
Stage 1 triggers - 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 13.14.007 (definitions), when any of the following conditions exist:
(i) 
When the specific capacity of the city’s wells is equal to or less than 90 percent of the well’s pumping capability.
(ii) 
When total daily water demand equals or exceeds 1.5 million gallons for 3 consecutive days.
(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 3 consecutive days.
(2) 
Stage 2 triggers - 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 13.14.007 of this plan when (either, any of) the following condition(s) exist:
(i) 
When the specific capacity of the city [city’s well] is equal to or less than 85 percent of the well’s pumping capability.
(ii) 
When total daily water demand equals or exceeds 1.8 million gallons for 3 consecutive days.
(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 3 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative.
(3) 
Stage 3 triggers - 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 (either, any of) the following condition(s) exist:
(i) 
When the specific capacity of the city’s well is equal to or less than 75 percent of the well’s pumping capability.
(ii) 
When total daily water demand equals or exceeds 1.9 million gallons for 3 consecutive days or 2.0 million gallons on a single day.
(B) 
Requirements for termination.
Stage 5 [3] of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative.
(4) 
Stage 4 triggers - Emergency water shortage conditions.
(A) 
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions for Stage 4 of this plan when the mayor, 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; or
(ii) 
Natural or man-made contamination of the water supply source(s).
(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 3 consecutive days.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1008)
The mayor, 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 13.14.008 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1009)
(a) 
Notification of the public.
The mayor or his/her designee shall notify the public by means of:
(1) 
Publication in a newspaper of general circulation;
(2) 
Direct mail to each customer;
(3) 
Public service announcements;
(4) 
Signs posted in public places.
(b) 
Additional notifications.
The mayor or his/her designee shall notify directly, or cause to be notified directly, the following individuals and entities:
(1) 
Mayor/members of the city council;
(2) 
Fire chief;
(3) 
City emergency management coordinator;
(4) 
County judge and commissioner;
(5) 
TNRCC;
(6) 
Major water users;
(7) 
Critical water users, i.e., hospitals.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1010)
(a) 
Goal.
Achieve a voluntary 10 percent reduction in daily water demand.
(b) 
Supply management measures.
In order to manage limited water supplies and/or reduce water demand, the city will:
(1) 
Reduce or discontinue flushing of water mains;
(2) 
Audit your utility system for water loss.
(c) 
Voluntary water use restrictions.
Water customers are requested to voluntarily limit the irrigation of landscaped areas by irrigating landscapes only between the hours of 12:00 midnight and 10:00 a.m. and between 7:00 p.m. and 12:00 midnight on designated outdoor water use days outlined by the following every-five-days schedule:
Then your outdoor water use days are:
If your street address ends in:
May
June
July
August
September
0 or 9
1, 6, 11, 16, 21, 31
5, 10, 15, 20, 25, 30
5, 10, 15, 20, 25, 30
4, 9, 14, 19, 24, 29
3, 8, 13, 18, 23, 28
1 or 8
2, 7, 12, 17, 22, 27
1, 6, 11, 16, 21, 26
1, 6, 11, 16, 21, 26, 31
5, 10, 15, 20, 25, 30
4, 9, 14, 19, 24, 29
2 or 7
3, 8, 13, 18, 23, 28
2, 7, 12, 17, 22, 27
2, 7, 12, 17, 22, 27
1, 6, 11, 16, 21, 26, 31
5, 10, 15, 20, 25, 30
3 or 6
4, 9, 14, 19, 24, 29
3, 8, 13, 18, 23, 28
3, 8, 13, 18, 23, 28
2, 7, 12, 17, 22, 27
1, 6, 11, 16, 21, 26, 31
4 or 5
5, 10, 15, 20, 15, 30
4, 9, 14, 19, 24, 29
4, 9, 14, 19, 24, 29
3, 8, 13, 18, 23, 28
2, 7, 12, 17, 22, 27
(d) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(1) 
Irrigation of landscaped areas with a permanently installed automatic irrigation system shall be limited to between the hours of 12:00 midnight and 10:00 a.m. and between 7:00 p.m. and 12:00 midnight.
(2) 
All operations of the city shall adhere to water use restrictions prescribed for Stage 2 of the plan.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1011)
(a) 
Goal.
Achieve a 15 percent reduction in daily water demand.
(b) 
Supply management measures.
In order to manage limited water supplies and/or reduce water demand, the city will:
(1) 
Reduce or discontinue flushing of water mains;
(2) 
Audit your utility system for water loss;
(3) 
Reduce irrigation of public landscaped areas.
(c) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(1) 
Irrigation of landscaped areas with a hose-end sprinkler, a soaker hose or a drip irrigation system shall be limited to designated outdoor water use days between the hours of 12:00 midnight and 10:00 a.m. and between 7:00 p.m. and 12:00 midnight. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, or a faucet-filled bucket or watering can of five (5) gallons or less.
(2) 
Irrigation of landscaped areas with a permanently installed automatic irrigation system shall be limited to designated outdoor water use days between the hours of 12:00 midnight and 10:00 a.m.
(3) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated outdoor water use days between the hours of 12:00 midnight and 10:00 a.m. and between 7:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle. 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 are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(4) 
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 outdoor water use days between the hours of 12:00 midnight and 10:00 a.m. and between 7:00 p.m. and 12:00 midnight.
(5) 
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.
(6) 
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.
(7) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated outdoor water use days between the hours of 12:00 midnight and 10:00 a.m. and between 7:00 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.
(8) 
All restaurants are prohibited from serving water to patrons except upon request of the patron.
(9) 
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(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1012)
(a) 
Goal.
Achieve a 20 percent reduction in daily water demand.
(b) 
Supply management measures.
In order to manage limited water supplies and/or reduce water demand, the city will:
(1) 
Reduce or discontinue flushing of water mains;
(2) 
Audit your utility system for water loss;
(3) 
Discontinue irrigation of public landscaped areas.
(c) 
Water use restrictions.
All requirements of Stage 2 shall remain in effect during Stage 3 except:
(1) 
Irrigation of landscaped areas shall be limited to designated outdoor water use days between the hours of 6:00 a.m. and 10:00 a.m. and between 7:00 p.m. and 10:00 p.m. and shall only be by means of hand-held hoses or hand-held buckets. The use of hose-end sprinklers, soaker hoses, drip irrigation systems or permanently installed automatic sprinkler systems is prohibited at all times.
(2) 
The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the city.
(3) 
The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1013)
(a) 
Goal.
Achieve a 30 percent reduction in total water use.
(b) 
Supply management measures.
In order to manage limited water supplies and/or reduce water demand, the city will:
(1) 
Reduce or discontinue flushing of water mains;
(2) 
Audit your utility system for water loss;
(3) 
Discontinue irrigation of public landscaped areas;
(4) 
Activate and use an alternative supply source(s).
(c) 
Water use restrictions.
All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except:
(1) 
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, such vehicle washing at commercial carwashes and commercial service stations shall occur only between the hours of 12:00 noon and 5:00 p.m.
(2) 
The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is prohibited.
(3) 
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.
(4) 
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.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1014)
(a) 
Goal.
Achieve a 50 percent reduction in total water use.
(b) 
Supply management measures.
In order to manage limited water supplies and/or reduce water demand, the city will:
(1) 
Reduce or discontinue flushing of water mains;
(2) 
Audit your utility system for water loss;
(3) 
Discontinue irrigation of public landscaped areas.
(c) 
Water use restrictions.
All requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except:
(1) 
Irrigation of landscaped areas is absolutely prohibited.
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited, except in the immediate interest of public health, safety, and welfare.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1015)
(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 in accordance with the provisions of this plan.
(b) 
Any person who violates this plan is guilty of a class C misdemeanor, and upon conviction shall be punished by a fine in accordance with the general penalty provision set forth 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 mayor 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, as established by resolution of the city council, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the mayor that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c) 
Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children, and proof that a violation committed by a child occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this plan and that the parent could not have reasonably known of the violation.
(d) 
Any police officer, or other city employee, designated by the mayor, 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, and 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 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in the 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 municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued instead of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1016)
(a) 
The mayor, or his/her designee, may, in writing, grant temporary variances 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 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 of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the mayor, 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) 
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 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.
(8) 
Other pertinent information.
(c) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the mayor 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 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 2008-367 adopted 8/14/00; 2001 Code, sec. 13.1017)