(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 nonessential 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 offender(s) to penalties as defined in Section 13.210 of this plan.
(Ordinance 2018-05-02, ex. A, adopted 5/2/18)
Opportunity for the public to provide input into the preparation of the Plan was provided by the city by means of scheduling and providing public notice of a public meeting to accept input on the plan.
(Ordinance 2018-05-02, ex. A, adopted 5/2/18)
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 press releases, social media and public notices.
(Ordinance 2018-05-02, ex. A, adopted 5/2/18)
The service area of the city is located within the Mid-East Texas Groundwater Conservation District and city has provided a copy of this plan to the Mid-East Groundwater Conservation District.
(Ordinance 2018-05-02, ex. A, adopted 5/2/18)
The director of public works 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 director of public works 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 2018-05-02, ex. A, adopted 5/2/18)
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 2018-05-02, ex. A, adopted 5/2/18)
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, sanitation, or for cleaning a residence, business, industry, or institution.
Even-Numbered 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;
(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.
Odd-Numbered Address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 2018-05-02, ex. A, adopted 5/2/18)
(a) 
The director of public works or his/her designee shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified “triggers” are reached.
(b) 
The triggering criteria described below are based on known system capacity.
(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 13.207 Definitions, when either or both of the following conditions occur
(i) 
Daily water demand is equal or exceeds 1,430,000 million gallons for 3 consecutive days; or
(ii) 
If increased water demand causes reduced pressure and volume within the distribution system.
(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 13.209 of this plan when either or both of the following conditions occur:
(i) 
Daily water demand is equal or exceeds 1,510,000 million gallons for 3 consecutive days; or
(ii) 
If the increased water demand causes significant water pressure or volume problems in the distribution system.
(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 or both of the following conditions occur:
(i) 
Daily water demand is equal or exceeds 1,590,000 million gallons for 3 consecutive days; or
(ii) 
If the increased water demand causes severe reduction of water pressure and volume in the distribution system.
(B) 
Requirements for Termination.
Stage 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 5 of this plan when the director of public works, 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 manmade 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 2018-05-02, ex. A, adopted 5/2/18)
(a) 
The director of public works, 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 13.208 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(1) 
Notification of the Public.
The director of public works or his/her designee shall notify the public by means of:
(A) 
Publication in a newspaper of general circulation;
(B) 
Signs posted in a public place;
(C) 
City social media account pages.
(2) 
Additional Notification.
The director of public works or his/ her designee shall notify directly, or cause to be notified directly, the following individuals and entities:
(A) 
Mayor/ the board of alderman;
(B) 
Fire chief;
(C) 
TCEQ (required when mandatory restrictions are imposed);
(D) 
Critical water users.
(b) 
Drought Contingency Measures.
The following actions will be taken by the city when trigger conditions occur:
(1) 
Stage 1 Triggers - Mild Water Shortage Conditions.
(A) 
Publicize a voluntary lawn watering schedule as follows:
(i) 
Customers living north of Main Street/Highway 179 may water on even-numbered days of the month.
(ii) 
Customers living south of Main Street/Highway 179 may water on odd-numbered days of the month.
(B) 
Inform the public through media and posting notices at the city hall and public library that a trigger condition has occurred and voluntary efforts to reduce water use should be initiated.
(C) 
Notify any major water users of the situation.
(2) 
Stage 2 Triggers - Moderate Water Shortage Conditions.
(A) 
Continue implementation of all relevant actions in preceding phase.
(B) 
After public notice as set forth in this article, a mandatory lawn watering schedule shall be implemented as follows:
(i) 
Customers living north of Main Street/Highway 179 may water on even-numbered days of the month only during the following times: 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 9:00 p.m.
(ii) 
Customers living south of Main Street/Highway 179 may water on odd-numbered days of the month only during the following times: 6:00 p.m. to 9:00 p.m.
(iii) 
It shall be a violation of this article for any person, firm or corporation to water a lawn(s) at other than the prescribed times.
(3) 
Stage 3 Triggers - Severe Water Shortage Conditions.
(A) 
Continue implementation of all relevant actions in the two preceding phases.
(B) 
After public notice as set forth in this article, outdoor water use, including, but not limited to lawn watering and vehicle washing, is prohibited except when needed for health and safety purposes.
(C) 
It shall be a violation of this article for any person, firm or corporation to use water for outdoor water use except when necessary for health and safety purposes.
(4) 
Stage 4 Response - Emergency Water Shortage Conditions.
(A) 
Target.
Achieve a 30-percent reduction in daily water demand.
(B) 
Water Use Restrictions for Reducing Demand.
All requirements of stage 2 and 3 shall remain in effect during stage 4 except:
(i) 
Irrigation of landscaped areas is absolutely prohibited.
(ii) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(c) 
Discontinuance Notice.
When a given trigger condition ceases to occur for at least five (5) consecutive days and the public works director determines that there is no continued threat to the water supply or system, the public shall be notified that any water conservation measures associated with that condition may be discontinued.
(Ordinance 2018-05-02, ex. A, adopted 5/2/18)
(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 director of public works, or his/her designee, in accordance with provisions of this plan.
(b) 
Penalty.
Any person, firm, or corporation who violates any provision of this article shall be guilty of a misdemeanor, and upon conviction, shall be fined in accordance with the general penalty provision found in Section 1.109 of this code. Each day on which a violation of, or failure to comply with, this article continues shall constitute a separate violation and shall be punishable as such. The city also is entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of other statutes or other ordinances.
(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 employee of the city, police officer, or other city employee designated by the director of public works, 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, the offense charged, and shall direct him/her to appear in the 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 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 2018-05-02, ex. A, adopted 5/2/18)
(a) 
The director of public works, 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 the 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 director of public works, 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 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.
(Ordinance 2018-05-02, ex. A, adopted 5/2/18)