(a)
In order to conserve the available water supply and to protect the
integrity of the current water supply facilities, with a particular
interest for domestic water use, sanitary sewer and fire protection,
and to protect and preserve pubic health, welfare and safety by minimizing
the adverse impacts of a water supply shortage or other water supply
emergency conditions, the city council hereby adopts the following
restrictions and regulations for the delivery and consumption of potable
water through ordinance.
(b)
Water uses regulated under this drought contingency plan (the plan)
are considered to be nonessential and a 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 offender(s)
to penalties as defined in this plan.
(Ordinance 05-14, exh. A, sec. 1,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
(a)
The city conducts regularly scheduled council meetings the third
Tuesday of each month at 7:00 p.m. These meetings are open to the
public and the citizens are encouraged to attend and participate in
the governmental process of the city. Citizens are encouraged to present
concerns and comments to the city council at these meetings.
(b)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by a public notice, published
in the local newspaper, of a public meeting to accept input on the
plan.
(Ordinance 05-14, exh. A, sec. 2,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
The city will periodically provide the public with information
about the plan, including information about the conditions under each
stage of the plan. This information will be provided to each resident
through the use of the local newspaper or by utility bill inserts.
In addition, the city will mail a fact sheet about the adoption of
the plan. If an emergency situation arises or foreseen water shortages
are present, a news release shall be published immediately in the
local newspaper.
(Ordinance 05-14, exh. A, sec. 3,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
(a)
The service area of the city is located with the Llano Estacado Region
(C) and the city will provide a copy of the plan to the Llano Estacado
Region.
(b)
Should there be an opportunity for the city to provide potable water
to another political subdivision; the subdivision shall adopt the
city plan prior to receiving resalable potable water.
(Ordinance 05-14, exh. A, sec. 4,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
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 05-14, exh. A, sec. 5,
adopted 5/20/2014; Ordinance adopting
2018 Code; Ordinance 10-18 adopted 10/16/2018)
The provisions of the plan shall apply to all persons, 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 05-14, exh. A, sec. 6,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
For purposes of this plan, the following definitions shall apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
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 other office buildings.
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.
Any person, company, or organization using water supplied
by the City of Crosbyton.
Water use for personal needs or household or sanitary purposes
such as drinking, bathing, heating, cooking, sanitation, or for cleaning
a residence, business, industry, or institution.
Street addresses, box numbers, or rural postal route numbers
ending in 0, 2, 4, 6, or 8 and locations without addresses.
The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
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.
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 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 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 construction purposes or any other
purposes other than fire fighting.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
(Ordinance 05-14, exh. A, sec. 7,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
(a)
The water superintendent, or his/her designee, shall monitor potable
water supply and/or demand conditions on a weekly basis and determine
when conditions warrant the initiation or termination for each stage
of the plan, that is, when the specified “triggers” are
reached.
(b)
The initiation and termination decision(s) shall be published in
the local newspaper or by other methods conditions warrant.
(c)
The below triggering criteria is based on the city’s water
production and distribution facilities.
(1)
Stage 1 - Mild water shortage conditions.
(A)
Initiation.
A request will be made by the city to it’s customers to voluntarily conserve water and to adhere to the restrictions on certain water uses, defined in section 13.08.037 - definitions, when:
(i)
The daily water use exceeds 75% of the average daily water use
for three consecutive days. Weather conditions, time of year and system
pressures will be considered in determining mild conditions.
(B)
Termination.
Termination of stage 1 may be removed
when all conditions listed as triggering events have ceased to exist
for period of 3 consecutive days.
(2)
Stage 2 - Moderate water shortage conditions.
(A)
Initiation.
An order will be made by the city to it’s customers, under threat of penalty for violation, to comply with the restrictions on nonessential water usage as provided in section 13.08.039 of this plan, when:
(B)
Termination.
Termination of stage 2 may be removed
when all conditions listed as triggering events have ceased for a
period of 3 consecutive days. Upon termination of stage 2, stage 1
becomes operative.
(3)
Stage 3 - Severe water shortage conditions.
(A)
Initiation.
An order will be made by the city
to it’s customers to comply with the restrictions on certain
nonessential water usage of this plan when:
(i)
Water demand exceeds the firm system capacity for one day. As
a result supply cannot keep up with demand and primary wells do not
recover sufficiently to allow for continued pumping into the system.
(B)
Termination.
Termination of stage 3 may be removed
when all conditions listed as triggering events have ceased for a
period of 3 consecutive days or the failed major water supply component
has been made operational. Upon termination of stage 3 conditions
stage 2 becomes operative.
(4)
Stage 4 - Critical water shortage conditions.
(A)
Initiation.
An order will be made by the city
to it’s customers to comply with the restrictions on certain
nonessential water usage of this plan when:
(5)
Stage 5 - Emergency water shortage conditions.
(A)
Initiation.
An order will be made by the city
to it’s customers to comply with the restrictions on certain
nonessential water usage of this plan when:
(B)
Termination.
Termination of stage 5 may be removed
when all conditions listed as triggering events have ceased for a
period of 3 consecutive days or the failed major water supply component
has been made operational.
(Ordinance 05-14, exh. A, sec. 8,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
(a)
Stage 1 - Mild water shortage conditions.
(1)
Goal: To achieve a voluntary 5% reduction in daily water usage and
demand.
(2)
Voluntary water use restrictions:
(A)
A request will be made that all customers voluntarily limit lawn
and/or garden irrigation to between the hours of 8:00 p.m. in the
evening to 10:00 a.m. the following morning. With irrigation practices
being in four day intervals.
(B)
When freezing conditions exist customers will be asked to insulate
piping rather that allowing water to run in an effort to prevent frozen
pipes.
(C)
City will reduce flushing of water mains and reduce irrigation of
public landscaped areas.
(D)
Customers will be requested to practice water conservation and minimize
or discontinue water use for nonessential purposes.
(E)
City will begin monitoring water pressures in the distribution system
and water levels in storage tanks on a daily basis.
(b)
Stage 2 - moderate water shortage conditions.
(1)
Goal: To achieve a 10% reduction in daily water usage and demand.
(2)
Mandatory water use restrictions will apply under the threat of penalty
for violations.
(A)
Irrigation of landscaped areas shall be limited to between the hours
of 8:00 p.m. in the evening to 10:00 a.m. the following morning. Irrigation
shall be further limited to two days per week. The addresses ending
in an even number (0, 2, 4, 6 or 8) will be allowed to irrigate lawns
and/or garden on Sundays and Thursdays only. Addresses ending in an
odd number (1, 3, 5, 7 or 9) will be allowed to irrigate lawns and/or
gardens on Wednesdays and Saturdays only.
(B)
Washing of any type of motor vehicle, include travel trailers or
RVs, is prohibited unless the washing is done with a handheld bucket
or hose equipped with a positive shut-off nozzle. Vehicles exempt
from these regulations are those where the health, safety and welfare
of the public is contingent upon frequent vehicle cleansing, examples
are garbage trucks and vehicles used in the transport of perishables.
(C)
The refilling of any type of indoor or outdoor pool is prohibited
except on assigned watering days and hours, as stated above in (2)(A).
(D)
The operation of fountains or ponds for aesthetic purposes is prohibited,
except if necessary to support aquatic life or where fountains or
ponds are equipped with a recirculation system.
(E)
The use of fire hydrants shall be limited to firefighting, or related
activities, necessary to ensure public health, safety and welfare.
(F)
The use of water for construction purposes may be allowed under a
special permit issued by the city.
(G)
Restaurants shall serve patrons water only when requested.
(H)
The repair of a controllable leak(s) within a reasonable period of
time shall be corrected.
(I)
The following nonessential uses of water are prohibited:
(c)
Stage 3 - severe water shortage conditions.
(1)
Goal: To achieve a 15% reduction in daily water usage and demand.
(2)
City supply management implementation.
(3)
All water use restrictions of stage 2 shall remain in effect during
stage 3 and shall be further restricted as follows:
(A)
Irrigation of landscaped areas shall be limited to between the hours
of 8:00 p.m. in the evening to 10:00 a.m. the following morning. Irrigation
shall be further limited to two days per week. The addresses ending
in an even number (0, 2, 4, 6 or 8) will be allowed to irrigate lawns
and/or garden on Sundays and Thursdays only. Addresses ending in an
odd number (1, 3, 5, 7 or 9) will be allowed to irrigate lawns and/or
gardens on Wednesdays and Saturdays only.
(B)
Washing of any type of motor vehicle, including travel trailers or
RVs, is prohibited except on designated watering days between the
hours of 8:00 p.m. in the evening to 10:00 a.m. the following morning,
unless the washing is done with a handheld bucket or hose equipped
with a positive shut-off nozzle. Vehicles exempt from these regulations
are those where the health, safety and welfare of the public is contingent
upon frequent vehicle cleansing, examples are garbage trucks and vehicles
used in the transport of perishables.
(C)
The use of water for construction purposes shall be discontinued.
(Ordinance 05-14, exh. A, sec. 9,
adopted 5/20/2014; Ordinance
10-18 adopted 10/16/2018)
In the event that water shortage conditions continue and threaten
the health, safety and welfare of the public the city manager or his/her
designee is hereby authorized to ration water according to the following:
(1)
Single-family residences.
|
Persons per Household
|
Gallons Per Month
|
|---|---|
|
1–2
|
6,000
|
|
3–4
|
7,000
|
|
5–6
|
8,000
|
|
7–8
|
9,000
|
|
9–10
|
10,000
|
|
>11
|
12,000
|
Single-family residence means the premises served by the customer’s meter. Persons per household includes only those individuals physically residing at the premises. It will be assumed that the total persons per household is two unless the customer notifies the city as to the correct number of persons per household. Any person who falsely claims the number of persons per household or fails to notify the city, in a timely manner, a reduction into another category of persons per household, shall be fined not less than $100.00. The surcharges set forth in the fee schedule in appendix A of this code shall apply for over-allotment usage. Surcharges shall be cumulative.
(2)
Multifamily residences.
Multifamily residence means the premises is served by a master meter which jointly measures water to multiple residential dwelling units (apartments, mobile homes, etc.) and shall be allotted 6,000 gallons per month for each dwelling unit. It will be assumed that each meter serves two dwelling units unless the customer notifies the city as to the correct number of dwelling units. A dwelling unit may be claimed whether it is occupied or not. Any person who falsely claims the number of dwelling units or fails to notify the city, in a timely manner, a reduction in number of dwelling units, shall be fined not less than $200.00. The surcharges set forth in the fee schedule in appendix A of this code shall apply for over-allotment usage. Surcharges shall be cumulative.
(3)
Commercial customers.
A monthly water usage allotment shall be determined by the water superintendent or his/her designee, for each nonresidential commercial customer, other than a commercial customer that utilizes water for processing purposes. The commercial customer allotment shall be 75% of the previous month’s billing. It is the commercial customers responsibility to make an appeal to the water superintendent to the allotment established in a timely manner. The surcharges set forth in the fee schedule in appendix A of this code shall apply for over-allotment usage. Surcharges shall be cumulative.
(4)
Industrial customers.
A monthly water usage allotment shall be determined by the water superintendent or his/her designee, for each nonresidential industrial customer. The industrial customer allotment shall be 90% of the previous months billing. It is the industrial customers responsibility to make an appeal to the water superintendent to the allotment established in a timely manner. The surcharges set forth in the fee schedule in appendix A of this code shall apply for over-allotment usage. Surcharges shall be cumulative.
(Ordinance 05-14, exh. A, sec. 10,
adopted 5/20/2014; Ordinance adopting
2018 Code; Ordinance 10-18 adopted 10/16/2018)
(a)
During periods when the water conservation and drought contingency
plan calls for mandatory water uses, any person or group, including
city employees, who observe any prohibited water use, are authorized
to contact the city manager or his/her designee and inform them of
the apparent violation. The city manager or his/her designee shall
request that the apparent violation promptly cease.
(b)
If the customer declines to voluntarily comply or the customer cannot
be immediately located, then the city manager or his/her designee
shall be authorized to enter upon customers property in an effort
to correct the violation.
(c)
If the customer declines to discontinue the prohibited use or after
discontinuing resumes prohibited use, the city manager or his/her
designee may discontinue water service to the property at the meter.
Service shall reinstated only after providing assurance of future
compliance and payment is made for a reconnection fee.
(d)
Any person who violates this water conservation and drought contingency
plan shall be guilty of a misdemeanor and upon conviction shall be
fined not less than $10.00 and no more than $500.00 for each day that
one or more of the previsions listed within this water conservation
and drought contingency plan is violated. Each day shall constitute
a separated offense. If required compliance with the water conservation
and drought contingency plan may be sought through injunctive relief
in district court.
(e)
Any person in apparent control of the property where the violation
occurs shall be presumed to be the violator; any such person shall
have the right to show that he/she did not commit the violation. Parents
shall assume and be responsible of their minor children that a violation,
committed by a child, occurred on property within the parent’s
control shall constitute that the parent committed the violation.
(f)
Any employee of the city, police officer, or the city manager’s
designee may issue a citation to a person he/she believes to be in
violation of the water conservation and drought contingency plan.
The alleged violator shall be served a copy of the citation and shall
be directed to appear before the municipal court, city not less than
3 days and no more than 5 days from the date the citation is issued.
(Ordinance 05-14, exh. A, sec. 11,
adopted 5/20/2014; Ordinance adopting
2018 Code; Ordinance 10-18 adopted 10/16/2018)
(a)
The city manager or his/her designee may grant in writing a temporary
variance for water uses otherwise prohibited in the water conservation
and drought contingency plan if it has been determined that failure
to grant a variance would affect the health, safety and welfare of
the public or if compliance to the plan during each stage cannot be
technically accomplished.
(b)
City customers requesting a variance from the provisions of this
drought contingency plan shall include the following:
(1)
Name and physical address of customer(s).
(2)
Purpose of water usage.
(3)
Specific provisions of the plan from which a variance is requested.
(4)
Statement detailing how the provision adversely affects the customer(s).
(5)
Description of relief requested.
(6)
Time period for variance to be in effect.
(7)
Description of alternative water use restrictions customer(s) is
undertaking to meet the intent of the plan.
(d)
No granted variance shall be retroactive in the event the future
water saving initiations becomes effective. It is the customer(s)
responsibility to request a variance for each future water use restriction
event.
(Ordinance 05-14, exh. A, sec. 12,
adopted 5/20/2014; Ordinance adopting
2018 Code; Ordinance 10-18 adopted 10/16/2018)
