(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 are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section
22.06.070 of this plan.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(a); Resolution
24-152 adopted 6/18/2024)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of providing a public
meeting to provide opportunity to allow public input. The meeting
was publicly announced through The Examiner. The notice for the meeting
was posted at City Hall, 801 Main St., and the meeting was held June
18, 2024.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(b); Resolution
24-152 adopted 6/18/2024)
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 social media, press releases, and/or
utility bill flyers.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(c); Resolution
24-152 adopted 6/18/2024)
The service area of the city is located within the Region I
East Texas regional water planning area and the city has provided
a copy of this plan to Region I East Texas.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(d); Resolution
24-152 adopted 6/18/2024)
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 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(e); Resolution
24-152 adopted 6/18/2024)
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 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(f); Resolution
24-152 adopted 6/18/2024)
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 (name of your water supplier).
Dedicated zone.
A zone in which an irrigation system sections off a part
of the yard that is connected to a single control valve.
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.
Foundation watering.
An application of water to the soils directly abutting (within
2 feet) the foundation of a building, structure.
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.
Major water user.
Major water users are users who consume over 27,400 gallons/day
or 10,000,000 gallons/year of water.
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 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(g); Resolution
24-152 adopted 6/18/2024)
The city manager, or his/her 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. The triggering
criteria described below are based on known system capacity limits.
Future improvements to the city's water system will increase
capacity and this plan will be modified to reflect the system's
upgraded 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
22.06.067 definitions, when total daily water demand equals or exceeds thirty-five million (35,000,000) gallons for three (3) consecutive days or thirty-six million (36,000,000) gallons on a single day.
(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 three (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
22.06.069 of this plan when the total daily water demand equals or exceeds thirty-six million (36,000,000) gallons for three (3) consecutive days or thirty-seven million (37,000,000) gallons on a single day.
(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 three (3) consecutive days. Upon
termination of stage 2, stage 1, or the applicable drought response
stage based on the triggering criteria, 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 the total daily
water demand equals or exceeds thirty-seven million (37,000,000) gallons
for three (3) consecutive days or thirty-eight million (38,000,000)
gallons on a single day.
(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 three (3) consecutive days. Upon
termination of stage 3, stage 2, or the applicable drought response
stage based on the triggering criteria, becomes operative.
(4)
Stage 4 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 4 of this plan when the total daily
water demand equals or exceeds thirty-nine million (39,000,000) gallons
for three (3) consecutive days or forty million (40,000,000) gallons
on a single day.
(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 two (2) consecutive days. Upon
termination of stage 4, stage 3, or the applicable drought response
stage based on the triggering criteria, becomes operative.
(5)
Stage 5 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 city manager, 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 man-made contamination of the water
supply source(s).
(B)
Requirements for termination.
Stage 5 of the plan
may be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(h); Resolution
24-152 adopted 6/18/2024)
(a)
Generally.
The city manager, 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
22.06.068 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 (all trigger stages).
The city manager or his/her designee shall notify the public by means
of:
(A) Publication in a newspaper of general circulation;
(B) Public service announcements (social media, local
television, and/or radio stations).
(2)
Additional notification.
The city manager or his/her
designee shall notify directly, or cause to be notified directly,
the following individuals and entities:
(A) The mayor and members of the city council and the
city fire department (all trigger stages);
(B) City and/or county emergency management coordinator
(trigger stage 3 or above);
(C) TCEQ (required when mandatory restrictions are
imposed) (triggers 4 and 5);
(D) Major water users (trigger stage 3 and above);
(E) Critical water users, i.e., hospitals, prisons,
etc. (trigger stage 3 and above);
(F) Parks/street superintendents and public facilities
managers (any trigger stage).
(b)
Stage 1 response - mild water shortage conditions.
(1)
Target.
Achieve a voluntary eight (8) percent
reduction in total water demand.
(2)
Supply management measures.
Reduced flushing of
water mains.
(3)
Voluntary water use restrictions for reducing demand.
(A) Retail.
(i) Water customers are requested to voluntarily limit
the irrigation of landscaped areas to Sundays and Thursdays for customers
with a street address ending in an even number (0, 2, 4, 6 or 8),
and Saturdays and Wednesdays for water customers with a street address
ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes
only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to
midnight on designated watering days.
(ii) All operations of the city shall adhere to water
use restrictions prescribed for stage 1 of the plan.
(iii) Water customers are requested to practice water
conservation and to minimize or discontinue water use for nonessential
purposes.
(B) Wholesale.
(i) The city manager, or his/her designee(s), will
contact wholesale water customers to discuss water supply and/or demand
conditions and will request that wholesale water customers initiate
voluntary measures to reduce water use.
(ii) The city manager, or his/her designee(s), will
provide a weekly report to 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.
(c)
Stage 2 response - moderate water shortage conditions.
(1)
Target.
Achieve a ten (10) percent reduction in
total water demand.
(2)
Supply management measures.
(A) Reduced or discontinued flushing of water mains;
(B) Discontinue fire hydrant testing;
(C) Reduced or discontinued irrigation of public landscaped
areas;
(D) Implement measures to return all system components
to full production capacity.
(3)
Water use restrictions for demand reduction.
Under
threat of penalty for violation, the following water use restrictions
shall apply to all persons:
(A) Retail.
(i) Irrigation of landscaped areas with hose-end sprinklers
or automatic irrigation systems shall be limited to Sundays and Thursdays
for customers with a street address ending in an even number (0, 2,
4, 6 or 8), and Saturdays and Wednesdays for water customers with
a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation
of landscaped areas is further limited to the hours of 12:00 midnight
until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated
watering days. However, irrigation of landscaped areas is permitted
at any time if it is by means of a hand-held hose, a faucet-filled
bucket or watering can of five (5) gallons or less, or a drip irrigation
system.
(ii) Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle is prohibited except on designated
watering days between the hours of 12:00 midnight and 10:00 a.m. and
between 8:00 p.m. and 12:00 midnight. Such washing, when allowed,
shall be done with a hand-held bucket or a hand-held hose equipped
with a positive shutoff nozzle for quick rinses. Vehicle washing may
be done at any time on the immediate premises of a commercial carwash
or commercial service station. Further, such washing may be exempted
from these regulations if the health, safety, and welfare of the public
is contingent upon frequent vehicle cleansing, such as garbage trucks
and vehicles used to transport food and perishables.
(iii) Use of water to fill, refill, or add to any indoor
or outdoor swimming pools, wading pools, or jacuzzi-type pools is
prohibited except on designated watering days between the hours of
12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight.
(iv) Operation of any ornamental fountain or pond for
aesthetic or scenic purposes is prohibited except where necessary
to support aquatic life or where such fountains or ponds are equipped
with a recirculation system.
(v) Use of water from hydrants shall be limited to
firefighting, related activities, or other activities necessary to
maintain public health, safety, and welfare, except that use of water
from designated fire hydrants for construction purposes may be allowed
under special permit from the city.
(vi) Use of water for the irrigation of golf course
greens, tees, and fairways is prohibited except on designated watering
days between the hours 12:00 midnight and 10:00 a.m. and between 8:00
p.m. and 12:00 midnight. However, if the golf course utilizes a water
source other than that provided by the city, the facility shall not
be subject to these regulations.
(vii) All restaurants are prohibited from serving water
to patrons except upon request of the patron.
(viii) The following uses of water are defined as nonessential
and are prohibited:
a. Wash-down of any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
b. Use of water to wash down buildings or structures for purposes other than immediate fire protection or foundation watering as described in section
22.06.067;
c. Use of water for dust control;
d. Flushing gutters or permitting water to run or accumulate
in any gutter or street; and
e. Failure to repair a controllable leak(s) within
a reasonable period after having been given notice directing the repair
of such leak(s).
(B) Wholesale.
(i) The city manager, or his/her designee(s), will
request wholesale water customers to initiate mandatory measures to
reduce nonessential water use outlined in stage 2 response of the
drought contingency plan for retail.
(ii) The city manager, or his/her designee(s), will
initiate weekly contact with wholesale water customers to discuss
water supply and/or demand conditions and the possibility of pro rata
curtailment of water diversions and/or deliveries.
(iii) The city manager, or his/her designee(s), will
further prepare for the implementation of pro rata curtailment of
water diversions and/or deliveries by preparing a daily water usage
allocation baseline for each wholesale customer.
(iv) The city manager, or his/her designee(s), will
provide a weekly report to 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.
(d)
Stage 3 response - severe water shortage conditions.
(1)
Target.
Achieve a twelve and one-half (12.5) percent
reduction in total water demand.
(2)
Supply management measures.
(A) All measures described for stage 2;
(B) Aggressively locate and repair major water main
leaks and breaks.
(3)
Water use restrictions for demand reduction.
All
requirements of stage 2 shall remain in effect during stage 3 except:
(A) Retail.
(i) Irrigation of landscaped areas shall be limited
to designated watering days between the hours of 12:00 midnight and
10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by
means of hand-held hoses, hand-held buckets, drip irrigation, permanently
installed automatic sprinkler systems, or hose-end sprinklers with
a timing device only. The use of hose-end sprinklers without a timing
device is prohibited at all times.
(ii) The watering of golf course tees is prohibited
unless the golf course utilizes a water source other than that provided
by the city.
(iii) The use of water for construction purposes from
designated fire hydrants under special permit is to be discontinued.
(iv) Foundation watering (within 2 feet) and watering
of trees may occur for two hours one day per week with a hand-held
hose or with a dedicated zone using a drip irrigation system and/or
soaker hose, provided no runoff occurs.
(B) Wholesale.
(i) The city manager, or his/her designee(s), will
contact wholesale 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 outlined
in stage 3 response of the drought contingency plan for retail.
(ii) The city manager, or his/her designee(s), will
initiate pro rata curtailment of water diversions and/or deliveries
for each wholesale customer.
(iii) The city manager, or his/her designee(s), will
provide a weekly report to 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.
(e)
Stage 4 response - critical water shortage conditions.
(1)
Target.
Achieve a seventeen and one-half (17.5)
percent reduction in total water demand.
(2)
Supply management measures.
All measures described
in stages 2 and 3.
(3)
Water use pestrictions for reducing demand.
(A) Retail.
(i) Irrigation of landscaped areas shall be limited
to designated watering days between the hours of 6:00 a.m. and 10:00
a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means
of hand-held hoses, hand-held buckets, or drip irrigation only. The
use of hose-end sprinklers or permanently installed automatic sprinkler
systems are prohibited at all times.
(ii) Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle not occurring on the premises
of a commercial carwash and commercial service stations and not in
the immediate interest of public health, safety, and welfare is prohibited.
Further, such vehicle washing at commercial carwashes and commercial
service stations shall occur only between the hours of 6:00 a.m. and
10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(iii) The filling, refilling, or adding of water to
swimming pools, wading pools, and Jacuzzi-type pools is prohibited.
(iv) Operation of any ornamental fountain or pond for
aesthetic or scenic purposes is prohibited except where necessary
to support aquatic life or where such fountains or ponds are equipped
with a recirculation system.
(v) No application for new, additional, expanded, or
increased-in-size water service connections, meters, service lines,
pipeline extensions, mains, or water service facilities of any kind
shall be approved, and time limits for approval of such applications
are hereby suspended for such time as this drought response stage
or a higher-numbered stage shall be in effect.
(vi) The use of water for construction purposes from
designated fire hydrants under special permit is to be discontinued.
(B) Wholesale.
(i) The city manager, or his/her designee(s), will
contact wholesale 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 outlined
in stage 4 response of the drought contingency plan for retail.
(ii) The city manager, or his/her designee(s), will
continue the pro rata curtailment of water diversions and/or deliveries
for each wholesale customer.
(iii) The city manager, or his/her designee(s), will
provide a weekly report to 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.
(f)
Stage 5 response - emergency water shortage conditions.
(1)
Target.
Achieve a thirty (30) percent reduction
in total water demand.
(2)
Supply management measures.
(A) All measures described in stages 2, 3, and 4.
(3)
Water use restrictions.
All requirements of stage
2, 3, and 4 shall remain in effect during stage 5 except:
(A) Retail.
(i) Irrigation of landscaped areas is absolutely prohibited,
except soaker hoses, hand-held hoses or a dedicated zone using a drip
irrigation system may be used to water trees up to two hours per week
or foundations as necessary, provided no runoff occurs.
(ii) Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle is absolutely prohibited.
(iii) All water usage except that required to protect
the public health, safety, and welfare is prohibited; or
(B) Wholesale.
Whenever emergency water shortage conditions exist as defined in section
22.06.068 of the plan, the city manager or his/her designee(s), shall:
(i) Assess the severity of the problem and identify
the actions needed and time required to solve the problem.
(ii) Inform the utility director or other responsible
official of each wholesale water customer by telephone or in person
and suggest actions, as appropriate, to alleviate problems.
(iii) If appropriate, notify city, county, and/or state
emergency response officials for assistance.
(iv) Undertake necessary actions, including repairs
and/or clean-up as needed.
(v) Prepare a post-event assessment report on the incident
and critique of emergency response procedures and actions.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(i)–(n); Ordinance
08-040, sec. 30, adopted 5/13/08; Resolution 24-152 adopted 6/18/2024)
(a)
Retail.
(1)
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
city manager, or his/her designee, in accordance with provisions of
this plan.
(2)
Any person who violates this plan is guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not less than
two hundred fifty dollars ($250.00) and not more than two thousand
dollars ($2,000.00). 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 (3) or more distinct violations of this plan,
the city manager, or his/her 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, hereby
established by the city's adopted fee schedule, and any other
costs incurred by the city in discontinuing service. In addition,
suitable assurance must be given to the city manager 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.
(3)
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.
(4)
A police officer, or other city employee designated by the city
manager may issue a citation or summons to appear to a person he/she
reasonably believes to be in violation of this division.
(b)
Wholesale.
During any period when pro rata allocation
of available water supplies is in effect, wholesale customers shall
pay the following surcharges on excess water services:
(1)
One hundred ten (110) percent of the normal water rate for water
diversions and/or deliveries in excess of the amount in the pro rata
allocation up through five (5) percent above the gallons per day allocation.
(2)
One hundred twenty (120) percent of the normal water rate for
water diversions and/or deliveries in excess of the amount in the
pro rata allocation from five (5) percent through ten (10) percent
above the gallons per day allocation.
(3)
One hundred fifty (150) percent of the normal water rate for
water diversions and/or deliveries in excess of the amount in the
pro rata allocation from ten (10) percent through fifteen (15) percent
above the gallons per day allocation.
(4)
Two (2) times the normal water rate for water diversions and/or
more than fifteen (15) percent above the pro rata gallons per day
allocation.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(o); Resolution
24-152 adopted 6/18/2024)
(a)
The city manager, 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 five
(5) days after the plan or a particular drought response stage has
been invoked. All petitions for variances shall be reviewed by the
city manager, or his/her designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(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 the 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 manager shall be subject to the
following conditions, unless waived or modified by the city manager
or his/her 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 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(p); Resolution
24-152 adopted 6/18/2024)
In the event that the triggering criteria specified in section
22.06.068(3) of the plan for stage 3 severe water shortage conditions have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code section § 11.039 and according to the following water allocation policies and procedures:
(1)
The city will include a provision in every wholesale water contract
entered into or renewed after adoption of the plan, including contract
extensions, that in case of a shortage of water resulting from drought,
the water to be distributed shall be divided in accordance with Texas
Water Code, § 11.039.
(2)
A wholesale customer's daily allocation shall be a percentage
of the customer's water usage baseline. The percentage will be
set by resolution of the city based on the city manager's assessment
of the severity of the water shortage condition and the need to curtail
water diversions and/or deliveries and may be adjusted periodically
by resolution of the city as conditions warrant. Once pro rata allocation
is in effect, water diversions or by deliveries to each wholesale
customer shall be limited to the allocation established.
(3)
A daily water usage allocation shall be established by the city
manager or his/her designee, for each wholesale customer. The wholesale
customer's water usage baseline will be computed on the average
water usage by day for the previous five (5) year period. If the wholesale
water customer's billing history is less than five (5) years,
the daily average for the period for which there is a record shall
be used for any daily period for which no billing history exists.
(4)
The city manager shall provide notice, by certified mail, to
each wholesale customer informing them of their daily water usage
allocations and shall notify the news media and the executive director
of the TCEQ upon initiation of pro rata water allocation.
(5)
Upon request of the customer or at the initiative of the city
manager the allocation may be reduced or increased if:
(A)
The designated period does not accurately reflect the wholesale
customer's normal water usage;
(B)
The customer agrees to transfer part of its allocation to another
wholesale customer; or
(C)
Other objective evidence demonstrates that the designated allocation
is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to
the city council.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(q); Ordinance 08-040, sec. 30, adopted 5/13/08; Ordinance 19-074 adopted 11/12/19; Resolution 24-152 adopted 6/18/2024)
An alternative water source for the city is a Water Supply Agreement
and Mutual Release with the LNVA for uninterrupted surface water supply.
The agreement with the LNVA is for storage of 6,000 acre-feet (1,955
MG) during times of drought. The city has secured an additional water
supply up to 6,000 ac-ft per year amounting to 5.4 MGD over the course
of a year, or 20 MGD for a span of 98 days.
(Resolution 24-152 adopted 6/18/2024)