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. Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be nonessential, and continuation of such uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined herein.
(Ordinance 2002-04, ex. A, sec. I, adopted 2/28/02)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of a water subcommittee to review water availability and rationing and a number of water-related discussions at city council meetings, some specifically for this purpose. The city has also participated in the Southeastern Parker County Regional Water Study as well as involvement in Region C meetings. The public has been encouraged to attend all such water-related meetings. This revision to the original plan was performed after a number of citizens addressed the council at various city council meetings regarding the provisions of this plan.
(Ordinance 2002-04, ex. A, sec. II, adopted 2/28/02)
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 letters to customers, public announcements in the Community News and/or postings at city hall. If conditions warrant, direct mailings, e-mails, phone calls and radio announcements may be used.
(Ordinance 2002-04, ex. A, sec. III, adopted 2/28/02)
The service area of the city is located within the Region C regional water planning area and the city (via the Southeastern Parker County Regional Water Study) has provided a copy of this plan to Region C planners. This revised plan will be forwarded to Region C planners.
(Ordinance 2002-04, ex. A, sec. IV, adopted 2/28/02)
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 2002-04, ex. A, sec. V, adopted 2/28/02)
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 2002-04, ex. A, sec. VI, adopted 2/28/02)
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 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-number 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.
Nonessential 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 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; use of water to wash down buildings or structures for purposes other than immediate fire protection; flushing gutters or permitting water to run or accumulate in any gutter or street; use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and use of water from hydrants for construction purposes or any other purposes other than firefighting.
Street address.
The dividing of customers for various stages of restriction shall be by the use of the last (ending) number in the street address. Where a street address has not been assigned, the ending number of the post office box address or postal route number address will be used. Numbers ending with 0, 2, 4, 6, or 8 are considered even. Numbers ending in 1, 3, 5, 7, or 9 are considered odd.
(Ordinance 2002-04, ex. A, sec. VII, adopted 2/28/02)
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 this plan, shall determine that a mild, severe, or emergency condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation:
(1) 
Water customers are requested to limit the irrigation of landscaped areas and the use of water for other nonessential uses to days and times allocated for this stage, except that outside use of a single hand-operated watering hose shall be allowed at all times except for emergency stages.
(2) 
Water customers are requested to practice water conservation and to minimize or discontinue water use for nonessential purposes.
(Ordinance 2002-04, ex. A, sec. VIII, adopted 2/28/02)
(a) 
Monitoring.
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. Public notification shall be made through the city’s phone notification system and/or hand notice delivery to each customer. The triggering criteria described below are based on a historical analysis of the city’s facilities and the patterns of customer use. In particular, system response to the dry years of 1996, 1998, 1999 and 2000, 2011, 2013 was used.
(b) 
Stages.
Various degrees of drought or conservation severity are divided into stages. For this plan, there are three stages.
(1) 
Stage 1 - Watch.
A mandatory reduction in watering hours when the system is showing difficulty in keeping up with the demands. Installation of an ET controller or subsurface irrigation system, restrictions will not apply. Irrigation plans must be submitted for approval prior to installing.
(2) 
Stage 2 - Warning.
Making further mandatory reductions in watering hours when the system is showing difficulty in keeping up with the demands. Installation of an ET controller or subsurface irrigation system, restrictions will not apply. Irrigation plans must be submitted for approval prior to installing.
(3) 
Stage 3 - Emergency.
Elimination of nonessential water uses to maintain potable water for customers.
(c) 
Triggers.
Physical, measurable events in the system which determine the start and end of various stages. These are used to determine system stress.
(d) 
Address.
The group of customers allowed to water at a particular day and time. This is determined by the last number of the street address.
Stage
Triggers
Address/Type
Watering Days
Watering Times
Termination
1-Watch
Contractual mandate
Unable to recoup to 90% storage cap for 3 days
Residential:
1, 3, 5, 7, 9
0, 2, 4, 6, 8
Commercial & Government:
Wed & Sat Thu & Sun
Tues & Fri
6:00 p.m. to 10:00 a.m.
Hand-watering, drip irrigation and soaker hoses may be used any day and any time
No trigger for 3 days or contractual mandate
2-Warning
Contractual mandate
Demand exceeds supply for 3 consecutive days
Automated residential:
1, 3, 5, 7, 9
0, 2, 4, 6, 8
Customers using hose end sprinklers only:
1, 3, 5, 7, 9
0, 2, 4, 6, 8
Commercial:
1, 3, 5, 7, 9
0, 2, 4, 6, 8
Government:
Wed Thursday
Sunday Saturday
Friday Tuesday
Monday
6:00 p.m. to 10:00 a.m.
Hand-watering, drip irrigation and soaker hoses may be used any day and any time
No trigger for 5 days or contractual mandate
3-Emergency
Contractual mandate
Major system or supply failure or depletion
No nonessential water use
No outdoor watering
Hose end only (for foundations)
Rationing possible
6:00 p.m. to 10:00 a.m.
No trigger for 5 days or contractual mandate
(Ordinance 2016-05 adopted 3/24/16)
In the event that water shortage conditions threaten public health, safety, and welfare, to the point that Stage 3 - Emergency is declared, then the mayor 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
(B) 
“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. Unless proper written notification is provided by the customer to the contrary (and approved by the mayor), it shall be assumed that each customer’s household is comprised of two (2) persons. In prescribing the method for claiming more than two (2) persons per household, the mayor 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 $100.00.
(C) 
Residential water customers shall pay $5.00 per 1,000 gallons for all water used over the allocation. Should excessive use over the allocation threaten the city water system, the city has the option to install a flow restrictor to enforce the allocation.
(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 such a customer’s meter serves two dwelling units unless the customer notifies the city of a greater number on a form prescribed by the mayor. In prescribing the method for claiming more than two (2) dwelling units, the mayor 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 person in a household shall be fined not less than $100.00.
(B) 
Customers billed from a master meter under this provision shall pay $10.00 per 1,000 gallons for all water used over the allocation. Should excessive use over the allocation threaten the city water system, the city has the option to install a flow restrictor to enforce the allocation.
(3) 
Commercial customers.
(A) 
A monthly water usage allocation shall be established by the mayor, or his/her designee, for each nonresidential commercial customer other than an industrial customer who uses water for processing purposes. Such allocation shall not be less than 6,000 gallons. Upon request of the customer or at the initiative of the mayor, the allocation may be reduced or increased if:
(i) 
One nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or
(ii) 
Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
(B) 
A customer may appeal an allocation established hereunder to the planning and zoning/utility board of the city.
(C) 
Customers billed from a master meter under this provision shall pay $10.00 per 1,000 gallons for all water used over the allocation. Should excessive use over the allocation threaten the city water system, the city has the option to install a flow restrictor to enforce the allocation.
(4) 
Industrial customers.
(A) 
A monthly water usage allocation shall be established by the mayor or his/her designee for each industrial customer which uses water for processing purposes. The industrial customer’s allocation shall be approximately 90% of the customer’s water usage baseline, which shall be the average usage for the last 12 months prior to rationing. Upon request of the customer or at the initiative of the mayor, the allocation may be reduced or increased:
(i) 
If 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.
(B) 
A customer may appeal an allocation established hereunder to the planning and zoning/utility board of the city. Industrial customers shall pay the following surcharges: Customers billed from a master meter under this provision shall pay $10.00 per 1,000 gallons for all water used over the allocation. Should excessive use over the allocation threaten the city water system, the city has the option to install a flow restrictor to enforce the allocation.
(Ordinance 2002-04, ex. A, sec. X, adopted 2/28/02)
(a) 
No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the mayor, or his/her designee, in accordance with provisions of this plan.
(b) 
Any person who violates stages 1 through 4 of this plan shall be subject to the following penalties:
Offense
Penalty
First
Warning citation
Second
Fine
Third
Fine and flow restrictor
Fourth and subsequent
Fine and pulling of customer’s meter
(c) 
(1) 
A violator is guilty of a misdemeanor and, upon citation and conviction, shall be punished by a fine for each offense as provided in section 1.01.009 of this code. Each instance in which 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, or his/her designated appointee, 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 published by the city rate ordinance, 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.
(2) 
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.
(3) 
Any employee of the city, 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 municipal court of the city 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 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 2002-04, ex. A, sec. XI, adopted 2/28/02)
(a) 
The mayor, or his/her 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 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) 
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. No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2002-04, ex. A, sec. XII, adopted 2/28/02)