In order to conserve the available water supply and/or 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 adopts the following drought contingency plan.
(Ordinance 2009-03, sec. I, adopted 6/2/09)
The city council has a regular meeting in the city council chambers in the city hall located at 127 S.W. 2nd Street, Suite 300, Tulia, Texas 79088 on the first and third Tuesday at 7:00 p.m. These meetings are open to the public and the public is encouraged to attend. All customers and citizens that receive water are encouraged to present concerns and comments to the council.
(Ordinance 2009-03, sec. II, adopted 6/2/09)
The city will periodically provide its 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 the drought response measures to be implemented in each stage. This information will be provided through local newspapers, radio stations and by direct mail and other methods as the city deems appropriate. The city will periodically provide information on water conservation methods for the various uses of water.
(Ordinance 2009-03, sec. III, adopted 6/2/09)
The service area of the city is located within the Llano Estacado Regional Planning Area and a copy of this plan has been provided to the Llano Estacado Regional Planning Group.
(Ordinance 2009-03, sec. IV, adopted 6/2/09)
The city manager, or his 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 designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 2009-03, sec. V, adopted 6/2/09)
The provisions of the 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 2009-03, sec. VI, adopted 6/2/09)
For the purpose of this plan, the following definitions shall apply:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflection pools and water gardens.
Conservation.
Those practices, techniques and technologies that reduce the consumption of water, reduce the loss of 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 an available for future or alternative use.
Customer.
Any individual, corporation, partnership, association, and any other legal entity utilizing water provided 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.
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 course green, tee, and fairways, parks and rights-of-way, and median.
Landscape watering schedule.
A schedule adopted as part of the plan designating days of the week landscaping may be watered.
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 the plan;
(2) 
Use of water to wash any motor vehicle, motor bike, boat trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard surface 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 fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak within a reasonable period after having been given notice directing the repair of such leak.
(Ordinance 2009-03, sec. VII, adopted 6/2/09)
The city manager, or his 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, news media and any other method deemed appropriate by the city manager. The triggering criteria for water allocation may be based on any one of the following conditions.
(1) 
Stage 1 Mild water shortage conditions.
(A) 
Requirements for initiation:
(i) 
MacKenzie Municipal Water Authority (MMWA) initiates stage 1 of its drought contingency plan.
(ii) 
Total daily water consumption exceeding 80% of the city’s water production capacity for seven consecutive days.
(B) 
Requirements for termination:
(i) 
MMWA terminates stage 1 of its drought contingency plan.
(ii) 
Total daily water consumption drops below 80% of the city’s water production capacity for three consecutive days.
(2) 
Stage 2 Moderate water shortage conditions.
(A) 
Requirements for initiation:
(i) 
MMWA initiates stage 2 of its drought contingency plan.
(ii) 
Total daily water consumption exceeds 85% of the city’s water production capacity for seven consecutive days.
(B) 
Requirements for termination:
(i) 
MMWA terminates stage 2 of its drought contingency plan.
(ii) 
Total daily water consumption drops below 85% of the city’s water production capacity for three consecutive days.
(3) 
Stage 3 Severe water shortage conditions.
(A) 
Requirements for initiation:
(i) 
MMWA initiates stage 3 of its drought contingency plan.
(ii) 
Total daily water consumption exceeds 90% of the city’s water production capacity for seven consecutive days.
(B) 
Requirements for termination:
(i) 
MMWA terminates stage 3 of its drought contingency plan.
(ii) 
Total daily water consumption drops below 90% of the city’s water production capacity for three consecutive days.
(4) 
Stage 4 Emergency water shortage conditions.
(A) 
Requirements for initiation:
(i) 
MMWA initiates stage 4 of its drought contingency plan.
(ii) 
Total daily water consumption exceeds 95% of the city’s water production capacity for seven consecutive days.
(iii) 
Mechanical failure of the transmission or distribution system resulting in a loss of at least 25% of the city’s production capacity.
(B) 
Requirements for termination:
(i) 
MMWA terminates stage 4 of its drought contingency plan.
(ii) 
Total daily water consumption drops below 95% of the city’s water production capacity for three consecutive days.
(iii) 
Mechanical repairs are completed and the city’s production capacity is restored.
(Ordinance 2009-03, sec. VIII, adopted 6/2/09)
The city manager, or his designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in section 13.06.008, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and may implement the following actions:
(1) 
Stage 1 Mild water shortage conditions.
(A) 
Goal: Achieve a voluntary 5–10 percent reduction in total water use.
(B) 
Demand management measures:
(i) 
The city manager, or his designee, will contact large volume water customers to discuss water supply and/or demand conditions and will request that water customers initiate voluntary measures to reduce water use.
(ii) 
The public will be notified of the stage 1 conditions and be asked to voluntarily abide by the odd/even watering schedule. Voluntary cessation of all other nonessential water use will be started.
(C) 
The city manager, or his designee, will provide a weekly report to the city council and 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 2 Moderate water shortage conditions.
(A) 
Goal: Achieve a 10–15 percent reduction in total water use.
(B) 
Demand management measures:
(i) 
The city manager, or his designee, will initiate weekly contact with large volume water customers to discuss water supply and/or demand conditions and the possibility of reduction or curtailment of water service.
(ii) 
The city manager, or his designee, will request large volume customers to initiate mandatory measures to reduce nonessential water use.
(iii) 
Odd/even residential lawn water schedule will become mandatory.
(iv) 
Public parks and school grounds limited to Monday and Thursday water schedule.
(v) 
Cessation of all other nonessential water use becomes mandatory.
(C) 
The city manager, or his designee, will provide a weekly report to the city council and news media with information regarding current water supply and/or demand conditions, projected water supply demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.
(3) 
Stage 3 Severe water shortage conditions.
(A) 
Goal: Achieve a 15–20 percent reduction in total water use.
(B) 
Demand management measures:
(i) 
The city manager, or his designee, will contact large volume 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.
(ii) 
Monday/Thursday and Tuesday/Friday lawn water schedule becomes mandatory.
(iii) 
Public parks and school grounds limited to Wednesday water schedule.
(iv) 
Cessation of all other nonessential water use is mandatory.
(C) 
The city manager, or his designee, will provide a weekly report to the city council and 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.
(4) 
Stage 4 Emergency water shortage conditions.
Whenever emergency water shortage conditions exist as defined in section 13.06.008 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 city council and news media and suggest actions, as appropriate, to alleviate problems (e.g. notification of the public to reduce water use until service is restored).
(C) 
If appropriate, notify county and/or state emergency response officials for assistance.
(D) 
Undertake necessary actions, including repairs and/or clean-ups as needed.
(E) 
Prepare response procedures and actions.
(Ordinance 2009-03, sec. IX, adopted 6/2/09)
(a) 
The city manager, or his designee, may, in writing, grant a temporary variance to the policies provided by this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one 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 plan shall file a petition for variance with the city manager within 5 days after [this plan or a particular drought stage] have been declared. All petitions for variances shall be reviewed by the city council, and shall include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Detailed statement with supporting data and information as to how the current drought stage restrictions 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:
(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 2009-03, sec. X, adopted 6/2/09)
Water customers and other users of the city’s water that do not comply with this article shall be subject to a penalty and fine as set forth in section 1.01.009 of this code for each day of noncompliance; and/or disconnection or discontinuance by the city’s water service to such water customers and other users.
(Ordinance 2009-03, sec. XI, adopted 6/2/09)