Any person who violates the restrictions, usage and/or terms
of the drought contingency plan is guilty of and may be charged with
a misdemeanor and, upon conviction shall be punished by a fine of
not less than fifty dollars ($50.00) and not more than five hundred
dollars ($500.00). Notwithstanding the foregoing, the fines for violations
of the restrictions, usage and/or terms of stage II conditions shall
not exceed $250.00. Each day that one or more of the restrictions,
usage and/or terms of drought contingency plan is violated shall constitute
a separate offense. Proof of a culpable mental state is not required
for a conviction of an offense under this article. If a person violates
the drought contingency plan on three or more distinct instances,
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, hereby
initially established at forty dollars ($40.00) but may be amended
by the city’s annual fee ordinance, and any other costs incurred
by the city in discontinuing service. In addition, suitable assurance
must be documented with the city manager or his/her designee that
the same action shall not be repeated while the drought contingency
plan is in effect. Compliance with the drought contingency plan may
also be sought through injunctive relief in the district court.
(Ordinance 1201 adopted 8/26/19)
The following employees of the city, police officers and code
enforcement officers, may issue a citation to a person he/she reasonably
believes to be in violation of the drought contingency plan and/or
this article. 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 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 to
enter a plea of guilty or not guilty for the violation of the drought
contingency plan. If the alleged violator fails to appear in municipal
court, a summons to appear may be issued in lieu of an arrest warrant.
(Ordinance 1201 adopted 8/26/19)
A city code enforcement officer, police officer, or other official
designated by the city manager or his/her designee, may issue a written
notice of violation to a person or entity he/she reasonably believes
to be in violation of the drought contingency plan as a warning. For
subsequent violations following written notice:
(1)
The city may issue a citation (class C misdemeanor);
(2)
The city may install a flow restricting device in the line to limit
the amount of water which will pass through the meter in a 24-hour
period. The city may charge the customer for the actual cost of installing
and removing the flow restricting device, not to exceed fifty dollars
($50.00), such amount may be amended by the city’s annual fee
ordinance;
(3)
If the city discontinues water service at the meter pursuant to this
article, it may discontinue services for a period of seven (7) days,
or until the end of the calendar month, whichever is less.
(Ordinance 1201 adopted 8/26/19)
Any person 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 the drought contingency
plan and that the parent could not have reasonably known of the violation.
(Ordinance 1201 adopted 8/26/19)
In order to conserve the available water supply and/or to 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 or other water supply emergency conditions,
the city adopts the following drought contingency plan (the plan).
(Ordinance 1201 adopted 8/26/19)
For the purposes of this plan the following definitions shall
apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens
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 use.
Any individual, corporation, partnership, association, and
any other legal entity utilizing water provided by the city.
Water use for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, sanitation,
or for cleaning a residence, business, industry, or institution.
Water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, golf course greens, tees, and fairways,
parks, and rights-of-way and medians.
Water uses that are not essential nor required for the protection
of public health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except otherwise provided under this plan;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane, or any other vehicle;
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, except in-ground pools to the
extent required or recommended by the pool manufacturer to ensure
the structural integrity of the pool; city water cannot be used to
fill any newly-constructed pool for the first time;
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).
(Ordinance 1201 adopted 8/26/19)
Opportunity for the public to provide input into the preparation
of the drought contingency plan was provided as per section 11.272(b)
of the Texas Water Code by the city during an open comments period
held during a city council meeting.
(Ordinance 1201 adopted 8/26/19)
The city will periodically provide 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 drought response measures to be implemented in each stage. This
information will be provided by means of copy of the plan and periodically
including information on invoices for water sales.
(Ordinance 1201 adopted 8/26/19)
The water service area of the city is located within the Region
F Regional Water Planning Group, the West Central Texas Council of
Governments, and the Pecan Valley Water Association and the city has
provided a copy of the plan to the Region F Regional Water Planning
Group, the West Central Texas Council of Governments, and the Pecan
Valley Water Association.
(Ordinance 1201 adopted 8/26/19)
The city manager, 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 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.
(Ordinance 1201 adopted 8/26/19)
The provisions of this plan shall apply to all customers 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 1201 adopted 8/26/19)
(a)
The city manager, or his/her designee, shall monitor water supply
and/or demand conditions on a monthly basis and shall determine when
conditions warrant initiation or termination of each stage of the
plan. Customer notification of the initiation or termination of drought
response stages will be made by mail or telephone. The news media
will also be informed.
(b)
The triggering criteria described below are based on reservoir levels
and a statistical analysis of the vulnerability of the water source
under drought of record conditions.
(1)
Stage I - Mild water shortage conditions.
(A)
Requirements for initiation.
(i)
The city will recognize that a mild water shortage condition
exists when: (see examples below).
(ii)
Below are the triggering criteria that will be used in the city’s
drought contingency plan. One or a combination of such criteria may
be defined for each drought response stage:
a.
Criteria 1: When the lake level in Lake Coleman is equal to
or less than 1705.5 elevation.
b.
Criteria 2: When the corp. of engineers curtails the amount
of water that the city can obtain from Hords Creek Lake.
c.
Criteria 3: When total daily water demand equals or exceeds
3.3 million gallons for five (5) consecutive days.
(B)
Requirements for termination.
Stage I of the plan
may be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of thirty (30) consecutive days.
The city will notify its wholesale customers and the media of the
termination of stage I in the same manner as the notification of initiation
of stage I of the plan.
(2)
Stage II - Moderate water shortage conditions.
(A)
Requirements for initiation.
The city will recognize
that a moderate water shortage condition exists when the level of
Lake Coleman falls below 1702 elevation and/or there is a significant
curtailment in the amount of water allocated by the corp. of engineers
from Hords Creek Lake.
(B)
Requirements for termination.
Stage II of the
plan may be rescinded when all of the conditions listed as triggering
events have ceased to exist for a period of thirty (30) consecutive
days. Upon termination of stage II, stage I becomes operative. The
city will notify its wholesale customers and the media of the termination
of stage II in the same manner as the notification of initiation of
stage II of the plan.
(3)
Stage III - Severe water shortage conditions.
(A)
Requirements for initiation.
The city will recognize
that a severe water shortage exists when the elevation of Lake Coleman
falls below 1700 feet and/or if the water allocated by the corp. of
engineers from Hords Creek Lake is completely curtailed.
(B)
Requirements for termination.
Stage III of the
plan may be rescinded when all of the conditions listed as triggering
events have ceased to exist for a period of thirty (30) consecutive
days. Upon termination of stage III, stage II becomes operative. The
city will notify its wholesale customers and the media of the termination
of stage III in the same manner as the notification of initiation
of stage III of the plan.
(4)
Stage IV - Emergency water shortage conditions.
(B)
Requirements for termination.
Stage IV of the
plan may be rescinded when all of the conditions listed as triggering
events have ceased to exist for a period of thirty (30) consecutive
days. The city will notify its wholesale customers and the media of
the termination of stage IV in the same manner as the notification
of initiation of stage IV of the plan.
(Ordinance 1201 adopted 8/26/19)
The city manager, or his/her designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in section 13.05.038, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement the following actions:
(1)
Stage I - Mild water shortage conditions.
(A)
Goal.
Achieve a voluntary ten percent (10%) reduction
in daily water demand.
(B)
Supply management measures.
(i)
The city manager, or his/her designee(s), will monitor limited water
supplies and/or reduce water demand, including increasing pumping
hours and off peak production of water.
(ii)
The city manager, or his/her designee(s), will implement restrictions
and penalties.
a.
Residential and commercial lawn watering is restricted to the
hours of 5:00 a.m. to 10:00 a.m. and 8:00 p.m. to midnight. Even-numbered
addresses may water on Mondays and Thursdays in the allotted time.
Odd-numbered addresses may water on Tuesdays and Fridays in the allotted
time. Runoff will be monitored and water will not be allowed to run
into the street.
b.
The city manager, or his/her designee(s), will request wholesale
water customers to initiate voluntary measures to reduce nonessential
water use and implement the drought contingency plan.
c.
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.
(2)
Stage II - Moderate water shortage conditions.
(A)
Goal.
Achieve a voluntary twenty percent (20%) reduction
daily water demand.
(B)
Supply management measures.
The city manager, or his/her
designee(s), implement measures to manage limited water supplies and/or
reduce water demand. City manager or his/her designee(s) may modify
reservoir operations procedures.
(C)
Demand management measures.
(i)
The city manager, or his/her designee(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 nonessential water use and implement the drought contingency plan and will initiate 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 13.05.040 of the plan.
(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.
(iv)
The city manager or his/her designee(s), will initiate the following
restrictions and penalties:
a.
Residential washing of vehicles is prohibited except washing
in the resident’s lawn on watering dates and allocated time
and only with buckets.
b.
Washing of windows residential and commercial will only be allowed
by use of buckets.
c.
Washing of residential, commercial, public or industrial driveways,
sidewalks, parking areas, windows and structures is prohibited.
d.
Watering of public areas, including schools, is restricted to
the period of 5:00 a.m. to 10:00 a.m. on one weekday each week.
e.
Residential and commercial lawn watering is restricted to the
hours of 5:00 a.m. to 10:00 a.m. Even-numbered addresses may water
on Mondays and Thursdays in the allotted time. Odd addresses may water
on Tuesdays and Fridays in the allotted time.
(v)
Violations of any of these restrictions or residential usage of 40,000
gallons or more per billing period for two consecutive billings, while
under stage II conditions, is subject to a fine up to $250.00 per
violation.
(3)
Stage III - Severe water shortage conditions.
(A)
Goal.
Achieve a voluntary thirty percent (30%) reduction
in total water use.
(B)
Supply management measures.
The city manager, or his/her
designee(s), will manage limited water supplies and/or reduce water
demand, including: modifying reservoir operations procedures, including
considering the utilization of emergency water storage basins to increase
flow and/or the tapping of reserves in Lake Scarborough.
(C)
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 nonessential water use, will continue pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in section 13.05.040 of the plan.
(ii)
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.
(iii)
The city manager, or his/her designee(s), will initiate the
following restrictions and penalties:
a.
Yard watering will be reduced to once a day one time a week.
Even-numbered addresses will be allowed to water on Mondays from 5:00
a.m. to 10:00 a.m. Odd-numbered addresses will be allowed to water
on Tuesdays from 5:00 a.m. to 10:00 a.m.
b.
Watering of public areas will be allowed once a week.
c.
Filling of private and/or commercial swimming pools is prohibited,
except in-ground pools to the extent required or recommended by the
pool manufacturer to ensure the structural integrity of the pool.
City water cannot be used to fill any newly-constructed pool for the
first time. The public pool will close.
d.
Residential washing of vehicles is prohibited.
e.
Use of bulk loading stations is prohibited.
f.
Violations of any of these restrictions or residential usage
of 25,000 gallons or more per billing period for two consecutive billings,
while under stage III conditions, is subject to a fine up to $500.00
per violation.
(4)
Stage IV - Emergency water shortage conditions.
Whenever emergency water shortage conditions exist as defined in section 13.05.038 of the plan, the city manager shall:
(A)
Assess the severity of the problem and identify the actions needed
and time required to solve the problem.
(B)
Inform the utility director or other responsible official of each
wholesale water customer by telephone or in person and suggest actions,
as appropriate, to alleviate problems.
(C)
If appropriate, notify city, county, and/or state emergency response
officials for assistance.
(D)
Undertake necessary actions, including repairs and/or clean-up as
needed.
(E)
Prepare a post-event assessment report on the incident and critique
of emergency response procedures and actions.
(5)
Enforcement.
During stage II, stage III, and stage IV
water use restrictions, the following personnel shall be designated
as “official observers” of any violation of the plan,
and shall have the right to initiate legal action against the offenders:
Any city councilmember, the city manager, all city dept. supervisors,
all designated water distribution, water production, police department,
inspection department, utility office and paid fire department personnel.
(Ordinance 1201 adopted 8/26/19)
In the event that the triggering criteria specified in section 13.05.038 of the plan for stage II moderate water shortage conditions or stage III 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)
Each wholesale customer’s monthly allocation shall be a percentage
of the customer’s water usage baseline. The percentage of reduction
mandated shall be the same as the reduction goal spelled out in each
stage of the drought contingency plan or by resolution set by ordinance
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)
The city manager or his/her designee shall establish a monthly water
usage allocation for each wholesale customer. The customer’s
water usage baseline will be computed on the average water usage by
month for the five (5) year period prior to the implementation of
the plan. If the customer’s billing history is less than five
(5) years, 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.
(3)
The city manager or his/her designee shall provide notice, by certified
mail, to each wholesale customer informing them of their monthly water
usage allocations and shall notify the news media and the executive
director of the Texas Natural Resource Conservation Commission 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 wash station’s
or 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 of the city.
(Ordinance 1201 adopted 8/26/19)
During any period when pro rata allocation of available water
supplies is in effect, wholesale customers, including raw water customers,
shall pay the following surcharges on excess water diversions and/or
deliveries:
(1)
1.5 times the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation up through five percent (5%) above
the monthly allocation.
(2)
2 times the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation from five percent (5%) through
10 percent (10%) above the monthly allocation.
(3)
2.5 times the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation from ten percent (10%) through
fifteen percent (15%) above the monthly allocation.
(4)
3.5 times the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation more than fifteen percent (15%)
above the monthly allocation.
(5)
The above surcharges will be cumulative.
(6)
Wholesale customers who fail to reduce consumption in accordance
with the plan’s objectives are subject to a fine up to $500.00
per month in violation.
(Ordinance 1201 adopted 8/26/19)
(a)
The city manager, or his/her designee(s), may, in writing, grant
temporary variance to the pro rata water allocation policies provided
by this plan if it is determined that failure to grant such a variance
would cause an emergency condition adversely affecting the public
health, welfare, or safety, or 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)
Compliance with this plan will have a disparate or more punitive
effect on a commercial entity due to the nature of the business.
(3)
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 manager within five
(5) 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.
(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 petitioner complies
with this article.
(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 or its designee:
(d)
No variance shall be retroactive or otherwise justify any violation
of this plan occurring prior to the issuance of the variance.
(Ordinance 1201 adopted 8/26/19)
