(a) 
Introduction.
The city is located in Fayette County, Texas south of the intersection of IH 10 and SH 77. The city has approximately 2,582 service connections and serves all the area within the city with some service outside the city limits. The city currently operates under Certificate of Convenience and Necessity (CCN # 10705) and Texas Commission on Environmental Quality (TCEQ) Public Water Supply (PWS) I.D. No. 0750004.
(b) 
Water supply.
The city currently obtains one hundred percent (100%) of its water supply from 6 wells pumping from the Catahoula Tuff and the Jackson Series Aquifers. The well capacities, booster pumping capacities and storage capacities for the city’s facilities are described below:
Current Well Capacities
Designation and Location
Rated Capacity
(GPM)
Current Capacity
(GPM)
No. 8 (Russek Street - Henderson Hill)
400 GPM
225 GPM*
No. 9 (US 77 North)
500 GPM
600 GPM*
No. 10 (Simpson Street - Main Pump Sta.)
500 GPM
280 GPM*
No. 11
100 GPM
70 GPM*
No. 12
400 GPM
425 GPM*
No. 13
300 GPM
325 GPM*
TOTAL
2,200 GPM
(or 3,168,000 GPD)
1,925 GPM
(or 2,772,000 GPD)
* Actual flow capacity from city staff.
Booster Pump Capacities for the 3 Pumping Stations
Designation
Theoretical Capacity
Firm Capacity1
Main Pump Station
2 @ 750 GPM
=
1,500 GPM (2,160,000 GPD)
1,080,000 GPD
Henderson Hill
2 @ 500 GPM
=
1,000 GPM (1,440,000 GPD)
720,000 GPD
Well No. 9
2 @ 650 GPM
=
1,300 GPM (1,872,000 GPD)
936,000 GPD
TOTAL
 
 
3,800 GPM (or 5,472,000 GPD)
2,736,000 GPD
1 Firm capacity is based on one pump at each station out of service
Storage Tank Inventory
Main Pump Station
500,000 gallons (ground)
Henderson Hill
250,000 gallons (ground)
Well Number 9
200,000 gallons (ground)
Main Pump Station
300,000 gallons (elevated)
IH 10 West
300,000 gallons (elevated)
TOTAL
1,550,000 gallons
(Ordinance adopted 7/7/14, sec. I; Ordinance adopted 1/7/19, sec. I)
(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, and upon adoption of the ordinance from which this article derives, the plan shall be implemented in accordance with 30 TAC chapter 288 and the sections and requirements listed herein.
(b) 
Water uses regulated or prohibited under this 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 13.07.011 of this plan.
(Ordinance adopted 4/18/05, sec. 1; 1989 Code, sec. 18-50; Ordinance adopted 7/7/14, sec. II; Ordinance adopted 1/7/19, sec. II)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of a public hearing held by city council on August 15, 2000. All customers of the city were informed of the hearing though public notice posted in the newspaper and were invited to attend the hearing.
(Ordinance adopted 7/7/14, sec. III; Ordinance adopted 1/7/19, sec. III)
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 the news media, radio broadcasts on a local radio station, local newspapers, telephone calls and person-to-person conversations and notices mailed to all utility customers.
(Ordinance adopted 7/7/14, sec. IV; Ordinance adopted 1/7/19, sec. IV)
The service area of the city is located within the Lower Colorado Region (5) and the city has provided a copy of this plan to:
Lower Colorado Region (5)
Lower Colorado River Authority
P.O. Box 220
Austin, TX 78767-0220
(512) 473-3200
(Ordinance adopted 7/7/14, sec. V; Ordinance adopted 1/7/19, sec. V)
The mayor, city administrator, or their 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, city administrator, or their designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance adopted 4/18/05, sec. 1; 1989 Code, sec. 18-51(a); Ordinance adopted 7/7/14, sec. VI; Ordinance adopted 1/7/19, sec. VI)
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 adopted 4/18/05, sec. 1; 1989 Code, sec. 18-51(b); Ordinance adopted 7/7/14, sec. VII; Ordinance adopted 1/7/19, sec. VII)
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 addresses.
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 addresses.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance adopted 4/18/05, sec. 1; 1989 Code, sec. 18-52; Ordinance adopted 7/7/14, sec. VIII; Ordinance adopted 1/7/19, sec. VIII)
(a) 
The mayor, city administrator, or their 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, that is, when the specified “triggers” are reached.
(b) 
The triggering criteria described below are based on daily consumption in relation to the total water production capacity of the wells in service at any time or in relation to the total firm high service (booster) pump capacity in the system. (Note: The well capacity shall mean the rate of production from all wells over a 24-hour period and the total firm pump capacity shall mean the total volume of water that can be pumped in a 24-hour period assuming the largest pump at each pump station is out of service.)
(1) 
Stage 1 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 for stage 1 of this plan when total daily water demand equals or exceeds 50% of the total well capacity or firm booster pump capacity, whichever is less, for seven (7) consecutive days.
(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 7 consecutive days.
(2) 
Stage 2 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 2 of this plan when total daily water demand equals or exceeds 60% of the total well capacity or firm booster pump capacity, whichever is less, for three (3) consecutive days.
(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 - Critical 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 total daily water demand equals or exceeds 70% of the total well capacity or firm booster pump capacity, whichever is less, for three (3) consecutive days.
(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 4 of this plan when the mayor, city administrator, or their 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 adopted 4/18/05, sec. 1; 1989 Code, sec. 18-53; Ordinance adopted 7/7/14, sec. IX; Ordinance adopted 1/7/19, sec. IX)
(a) 
Notification.
The mayor, city administrator, or their designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 13.07.009 of this plan, shall determine that a moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures:
(1) 
Notification of the public.
The mayor, city administrator, or their designee shall notify the public by means of: news media, radio broadcasts on a local radio station, local newspapers, telephone calls, posting notices at public buildings and person-to-person conversations. Notices mailed to all utility customers may be used at the discretion of the mayor, city administrator, or their designee.
(2) 
Additional notification.
The mayor, city administrator, or their designee shall notify directly, or cause to be notified directly, the following individuals and entities at the stages as noted:
Entity
Notification Stage
City council
All stages
TCEQ
All stages
Street superintendent and water and sewer superintendent
Critical and emergency
Fire chief
Emergency
Major water users
Emergency
(b) 
Responses.
(1) 
Stage 1 response - Moderate water shortage conditions.
(A) 
Goal.
Achieve a reduction in water use to reduce demand to less than 50% of the total well capacity or of firm booster pump capacity.
(B) 
Demand management measures.
Measures to be implemented by the city to manage and reduce water demand include implementation of an alternate watering schedule and restricted watering techniques for customer use.
(C) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
The city will be divided into two (2) areas using U.S. Hwy. 77 (Kessler Avenue) as the dividing line. Anyone located west of U.S. Hwy. 77 (Kessler Avenue) would be allowed to water on Monday, Wednesday, and Friday. Anyone located east of U.S. Hwy. 77 (Kessler Avenue) would be allowed to water on Tuesday, Thursday, and Saturday.
(ii) 
No one may use water between the hours of 8:00 a.m. and 6:00 p.m. or on Sundays. Hand watering is permitted on a daily basis before 8:00 a.m. and after 6:00 p.m.
(2) 
Stage 2 response - Severe water shortage conditions.
(A) 
Goal.
Achieve a reduction in water use to reduce demand to less than 60% of the total well capacity or of firm booster pump capacity.
(B) 
Demand management measures.
Measures to be implemented by the city to manage and reduce water demand include implementation of an alternate watering schedule and increased restrictions on watering techniques for customer use in addition to restrictions for stage 1. Water rates will also be increased to discourage watering.
(C) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
The city would be divided into four (4) areas as follows:
NW - North of the railroad tracks and west of Hwy. 77 (Kessler Avenue).
SW - South of the railroad tracks and west of Hwy. 77 (Kessler Avenue).
NE - North of the railroad tracks and east of Hwy. 77 (Kessler Avenue).
SE - South of the railroad tracks and east of Hwy. 77 (Kessler Avenue).
The watering schedule will be limited to one day per week with the NW quarter to water on Mondays, the SE quarter to water on Tuesdays, the NE quarter to water on Thursdays and the SW quarter to water on Fridays.
(ii) 
No one may use water on Wednesdays, Saturdays, or Sundays. No one may use water on any assigned day between the hours of 8:00 a.m. and 6:00 p.m. Hand watering of flowers, flowerbeds, and pot plants may be done on any day before 8:00 a.m. and after 6:00 p.m. Foundations may be soaked on your assigned watering day only.
(iii) 
Anyone using more than twenty thousand (20,000) gallons of water per month at the time this stage is implemented will be charged a rate of five dollars ($5.00) per thousand (1,000) gallons of water over the twenty thousand (20,000) gallons used.
(3) 
Stage 3 response - Critical water shortage conditions.
(A) 
Goal.
Achieve a reduction in water use to reduce demand to less than 70% of the total well capacity or of firm booster pump capacity.
(B) 
Demand management measures.
Measures to be implemented by the city to manage and reduce water demand include restricting all watering to pets and livestock and watering of foundations in addition to restrictions for stage 2.
(C) 
Water use restrictions.
Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(i) 
No one may perform outdoor watering on any given day other than providing water for pets and livestock. Foundations may be watered one day every two (2) weeks.
(ii) 
The schedule for watering foundations will be as follows: Anyone located west of Hwy. 77 (Kessler Avenue) may soak their foundation on the first and third Wednesday of the month during the evening hours only. Anyone located east of Hwy. 77 (Kessler Avenue) may soak their foundation on the second and fourth Wednesday of the month during the evening hours only. Evening hours shall be described as from 6:00 p.m. to midnight. The increased rates implemented in stage 2 will remain in effect through this stage.
(4) 
Stage 4 response - Emergency water shortage conditions.
(A) 
Goal.
Achieve a reduction in water use to reduce demand to less than 75% of the total well capacity or of firm booster pump capacity or to reduce water use to prevent more than 50% depletion of stored water volumes at any time.
(B) 
Demand management measures.
Measures to be implemented by the city to manage and reduce water demand include curtailment of nonessential water uses.
(C) 
Water use restrictions.
All nonessential water use shall be prohibited unless necessary for the preservation of health, safety and welfare of residents. Water usage for livestock is exempt.
(Ordinance adopted 4/18/05, sec. 1; 1989 Code, secs. 18-54, 18-55; Ordinance adopted 7/7/14, sec. X; Ordinance adopted 1/7/19, sec. X)
(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 mayor, city administrator, or their designee, in accordance with provisions of this plan.
(b) 
Any person who violates this plan is guilty of a class C misdemeanor and, upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than 200 dollars ($200.00). Each day that one or more of the provisions in 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, city administrator, or their 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 and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the mayor, city administrator, or their designee 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.
(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 mayor, city administrator, or their designee, 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 adopted 4/18/05, sec. 1; 1989 Code, sec. 18-56; Ordinance adopted 7/7/14, sec. XI; Ordinance adopting 2016 Code; Ordinance adopted 1/7/19, sec. XI)
(a) 
The mayor, city administrator, or their 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 mayor, city administrator, or their 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.
(c) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the mayor, city administrator, or their 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.
(d) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance adopted 4/18/05; 1989 Code, sec. 18-57; Ordinance adopted 7/7/14, sec. XII; Ordinance adopted 1/7/19, sec. XII)