(a) 
City conservation plan adopted.
The 2024 water conservation plan for the city, is hereby adopted as set forth more fully in exhibit A, to Ordinance 24-04-1354 ("conservation plan"), a copy of which shall be maintained on file in the office of the city secretary. The conservation plan shall be incorporated herein by reference as if written verbatim.
(b) 
Penalties for violation.
Any retail customer, as defined in the conservation plan, who intentionally, knowingly or recklessly fails to comply with any one or more provisions of the conservation plan shall upon conviction be subject to a fine not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) for each such offense, and a separate offense shall occur each day a violation exists or continues, and/or such retail customer shall be subject to discontinuance of water service by the city. The foregoing penalties shall be cumulative and shall not preclude city’s enforcement of the conservation plan by any remedies or enforcement mechanisms otherwise allowed by law or by contract with retail customer. The foregoing penalties shall also be cumulative of the city’s authority to seek injunctive or other civil relief available under the law, which authority shall not be limited by this section.
(2006 Code, sec. 82-26; Ordinance 09-08-808, sec. 2, adopted 8/17/09; Ordinance 11-06-886, sec. 2, adopted 6/21/11; Ordinance 14-09-982, secs. 1, 2, adopted 9/2/14; Ordinance 19-04-1121 adopted 4/16/19; Ordinance 24-04-1354 adopted 4/16/2024)
The 2024 water resource and emergency management plan is hereby adopted as set forth more fully in exhibit A, to 'Ordinance 24-04-1354 ("city WREMP"), a copy of which shall be maintained on file in the office of the city secretary. The city WREMP shall be incorporated herein by reference as if written verbatim.
(2006 Code, sec. 82-371; Ordinance 11-10-897, sec. 2, adopted 10/18/11; Ordinance 14-09-983 adopted 9/2/14; Ordinance 19-04-1122 adopted 4/16/19; Ordinance 24-04-1354 adopted 4/16/2024)
In the event the city manager declares Stage 2, customers shall comply with the following schedule for irrigation of existing landscape areas with hose-end sprinklers or irrigation systems:
(1) 
Schedule.
(A) 
Residential street addresses ending in odd numbers (1, 3, 5, 7, 9) may water on Mondays and Thursdays only.
(B) 
Residential street addresses ending in even numbers (0, 2, 4, 6, 8) may water on Wednesdays and Saturdays only.
(C) 
Public schools, all nonresidential businesses, the city and HOA entries/medians may water on Fridays and Tuesdays only.
(2) 
Prohibited watering hours.
All watering is prohibited during the hours of 10:00 a.m. to 6:00 p.m.
(2006 Code, sec. 82-372; Ordinance 11-10-897, sec. 2, adopted 10/18/11)
In the event the city manager declares Stage 3, all of the requirements of Stages 1 and 2 remain in effect during Stage 3, except customers shall comply with the following schedule for irrigation of existing landscape areas with hose-end sprinklers or irrigation systems:
(1) 
Schedule between April 1 and October 31.
(A) 
Residential street addresses ending in odd numbers (1, 3, 5, 7, 9) may water on Mondays only.
(B) 
Residential street addresses ending in even numbers (0, 2, 4, 6, 8) may water on Wednesdays only.
(C) 
Public schools, all nonresidential businesses, the city and HOA entries/medians may water on Fridays only.
(2) 
Schedule between November 1 and March 31.
Limit landscape watering with sprinklers or irrigations systems between November 1 and March 31 to once every two weeks. Specific dates will be published on the city website of designated watering days for designated service zones and water customers.
(3) 
Prohibited watering hours.
All watering is prohibited during the hours of 10:00 a.m. to 6:00 p.m.
(2006 Code, sec. 82-373; Ordinance 11-10-897, sec. 2, adopted 10/18/11; Ordinance 13-11-961, sec. 2, adopted 11/5/13)
In the event the city manager declares Stage 4, all of the requirements of Stages 2 and 3 remain in effect during Stage 4 with the same mandatory irrigation schedule listed in Stage 3 and, in addition, a customer will be charged a water rate surcharge for water usage as follows:
Gallons
Rate
0 - 15,000
1.25 times the regular rate
15,001 - 30,000
2 times the regular rate
30,001 - 45,000
2.5 times the regular rate
45,001+
3 times the regular rate
The regular rate shall be established pursuant to the city’s fee ordinance on an annual basis.
(2006 Code, sec. 82-374; Ordinance 11-10-897, sec. 2, adopted 10/18/11)
(a) 
Customers may water new planting of grass within the first 30 days up to four hours a day by any means. Watering is prohibited from 10:00 a.m. to 6:00 p.m.
(1) 
Prior to the first day of the 30-day watering period, residents or businesses must provide the following information to the city:
(A) 
Address;
(B) 
Company name;
(C) 
Superintendent name;
(D) 
Superintendent contact number;
(E) 
First day of 30-day watering period;
(F) 
Expiration date of 30-day watering period; and
(G) 
Starting and ending time of watering period.
(2) 
Customers are required to have a weatherproof sign, capable of lasting the full 30-day watering period, posted in the front yard. The sign shall be separate and not attached to any other signs. In addition, a window sign shall be posted on the inside of a window, on the front of the building. The sign shall be legible from the street on neon colored paper with black print. Window signs shall include the following information:
(A) 
Company name;
(B) 
Address;
(C) 
Approved 30-day watering period;
(D) 
Approved day of the week, as specified in Stage 3 restrictions;
(E) 
Starting date and ending date of the 30-day water period; and
(F) 
Starting and ending time of the watering period.
(b) 
The city manager or his/her designee may, in writing, grant a temporary variance of existing water uses otherwise prohibited under the plan if the city manager or his/her designee determines that the failure to grant such a variance would cause an emergency condition adversely affecting the public health, safety or welfare, or the person requesting the variance would suffer an undue hardship and the person demonstrates that:
(1) 
Compliance with the plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect; or
(2) 
Alternative methods can be implemented which will achieve a similar level of compliance.
(c) 
A petition for a variance must include the following:
(1) 
The name and address of petitioners;
(2) 
The purpose of the intended water use;
(3) 
The specific requirement of the plan from which the petitioner is requesting relief;
(4) 
A detailed statement as to how the specific requirement creates a hardship unique to the petitioner or adversely affects the petitioner, and a statement as to what damage or harm will occur to the petitioner or others if the petitioner complies with this article;
(5) 
A description of the relief requested;
(6) 
The period of time for which the variance is sought; and
(7) 
A description of what alternative water use restrictions or other measures the petitioner is taking or proposes to take in order to meet the intent of this plan.
(d) 
Unless waived or modified in writing by the city manager or his/her designee, a variance granted under this section shall include a timetable for compliance and shall contain a condition terminating the variance if the petitioner fails to meet a specified requirement of the variance.
(e) 
A variance expires when a particular drought response stage is no longer in effect. No variance will be retroactive or otherwise justify any violation of this plan that occurs prior to the issuance of the variance.
(f) 
Smart/evapotranspiration system variance.
Residential customers may apply for a variance for modified water restrictions under this subsection. To be considered for this variance, residential customers must meet all the requirements of this program including successfully installing a smart/evapotranspiration controller onto the irrigation system. Failure to comply with the requirements of this variance program, as determined by an inspector and/or code compliance officer, can lead to but is not limited to revocation of the permit.
(1) 
Permit fee.
The fee for a permit shall be as provided for in the fee schedule, as printed in appendix A to this code.
(2) 
Sign fee.
No charge for initial yard sign, and free replacement sign after 5 years. If the sign is destroyed or absent before the 5-year period expires, it will be replaced for a fee as stated in appendix A, section A8.004(c)(2) and said fee shall be paid by the resident.
(3) 
Variance process.
(A) 
Obtain permit from the city for installation of system;
(B) 
Have system installed;
(C) 
Once installed call city to schedule inspection of system; and
(D) 
Inspection performed and system must pass inspection:
(i) 
Standards as defined and maintained by public works;
(ii) 
If 1st inspection is failed there will be one reinspection at no charge; and
(iii) 
If 2nd inspection is failed there will be a fee assessed at time of failure and for future failed inspections as stated in appendix A, section A8.004(c)(3).
(4) 
Sign.
Sign stating variance is in place will be provided by the city:
(A) 
Sign is eligible for free replacement every 5 years; and
(B) 
Sign must be visible from the street at all times.
(5) 
Variance details.
During active water restrictions:
(A) 
Variance allows for watering outside of drought restrictions except from 10:00 a.m.–6:00 p.m. daily;
(B) 
Variance is valid during stage 1 and stage 2 drought restrictions; and
(C) 
Variance discontinues when city moves into stage 3 and greater restrictions.
(2006 Code, sec. 82-375; Ordinance 11-10-897, sec. 2, adopted 10/18/11; Ordinance adopting 2015 Code; Ordinance 19-04-1123, sec. 2, adopted 4/16/19)
(a) 
Any customer, defined pursuant to 30 Texas Administrative Code, chapter 291, failing to comply with the provisions of the plan and/or this division shall be prosecuted in municipal court as a class C misdemeanor.
(1) 
Upon a showing that the customer has committed no prior violations under this division, customer shall be subject to a fine of not more than one hundred dollars ($100.00). Proof of a culpable mental state is not required and a violation of this division shall constitute a strict liability offense.
(2) 
Proof that a customer has committed one or more violations under this division shall constitute prima facie evidence that the customer’s actions present a threat to the health, safety, and welfare of the city and its resources. Any customer who commits a subsequent violation under this division with criminal negligence shall be subject to a fine not to exceed two thousand dollars ($2,000.00). Proof of a higher degree of culpability than criminal negligence constitutes proof of criminal negligence.
(b) 
Each day that one or more of the provisions in the plan and/or this division are violated shall constitute a separate offense. If a customer is convicted of three or more distinct violations of the plan and/or this division, the city manager or his/her designee 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, in accordance with the adopted fee schedule in appendix A of this code, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager or his/her designee that the same action shall not be repeated while the plan and/or this division is in effect. Compliance with this plan and/or this division may also be sought through injunctive relief in district court.
(c) 
Any person, including a person classified as a 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. Parent(s) shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation.
(d) 
It shall constitute a valid affirmative defense if the alleged violator presents proof that the automatic irrigation system was in disrepair at the time of the alleged violation and provides proof that he/she has satisfactorily remedied the disrepair within thirty (30) days of the date of the violation. This affirmative defense does not apply to alleged violators with more than one outstanding violation pending in municipal court.
(e) 
Any employee of the city, police officer, or other employee designated by the city manager, may issue a citation to a person he/she reasonably believes to be in violation of the plan and/or this division. The citation shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court not later than either the date shown on the citation or within twenty days of the issuance of the citation. The alleged violator shall be served a copy of the citation in person or by certified mail return receipt. 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 eighteen (18) 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 within twenty days to enter a plea of guilty or not guilty for the violation of the 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.
(2006 Code, sec. 82-376; Ordinance 11-10-897, sec. 2, adopted 10/18/11; Ordinance 14-03-973, sec. 2, adopted 3/18/14; Ordinance adopting 2015 Code)
All wholesale water contracts entered into or renewed after adoption of the plan and/or this article, including contract extensions, shall include a provision that requires all wholesale water customers of the city to comply with the provisions of the plan and/or this article.
(2006 Code, sec. 82-377; Ordinance 11-10-897, sec. 2, adopted 10/18/11)