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.
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)