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INTEROFFICE MEMORANDUM
Date: September 14, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: Proposed Ordinance No. 7167—Water Maintenance Plan
Introduction:
The recent lack of rain and the increased number of waterline breaks have demonstrated the need
to adopt a water maintenance plan in response to waterline breaks throughout the City. Water
maintenance plans should be adapted and codified in order to be enforceable. The ordinance will
be posted on the City's website, http://www.portarthurtx.gov/.
Background:
The recent lack of rain has demonstrated the need for adopting a water maintenance plan in
response to waterline breaks throughout the City.
Budget Impact:
No budgetary impact to the City.
Recommendation:
It is recommended that Council approve Proposed Ordinance No. 7167,authorizing the adoption
of the water maintenance plan.
"Remember,we are here to serve the Citizens of Port Arthur"
PO No. 7167
9/14/23 bw
Page 1 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 110 (UTILITIES),
ARTICLE II (WATER), DIVISION 1 (GENERALLY), BY ADDING
SECTIONS 110-37 THROUGH 110-37.11 CODE OF ORDINANCES
OF THE CITY OF PORT ARTHUR,AS IT PERTAINS TO A WATER
MAINTENANCE PLAN
WHEREAS,the City Council deems it in the public interest of the City to amend Chapter
110(Utilities),Article II (Water),Division 1 (Generally),by adding Sections 110-37 through 110-
37.11 of the Code of Ordinances as it pertains to a Water Maintenance Plan.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Chapter 110 (Utilities), Article II (Water). Division 1 (Generally), is
hereby amended to add Sections 110-37 through 110.37.11 to the Code of Ordinances of the City
of Port Arthur, Texas as delineated in Exhibit"A".
Section 3. All Ordinances and parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of the conflict.
Section 4. That this being an Ordinance which requires publication, its caption shall
be published at least one (1) time within ten (10) days after final passage hereof in the official
newspaper of the City of Port Arthur, and this Ordinance shall take effect November 1, 2023,
which is after the date of publication.
Section 5. That the adoption of this Water Maintenance Plan is necessary in assisting
with the sustaining of pressure in the water distribution system throughout the City.
Section 6. That a copy of the caption of the Ordinance be spread upon the Minutes of
the City Council.
PO No. 7167
8/29/22 bw
Page 2 of 2
READ, ADOPTED AND APPROVED on this day of , A.D., 2023,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie
Mayor
ATTEST: APPROVED FOR ADMINISTRATION:
Sherri Bellard Ronald Burton
City Secretary City Manager
APPROVED AS TO FORM:
Valecia R. Tizeno Calvin Matthews, P.E.
City Attorney Water Utilities Director
EXHIBIT "A"
Sec. 110-37 Water Maintenance Plan.
Sec. 110-37.01 Declaration of policy,purpose and intent.
Sec. 110-37.02 Public involvement.
Sec. 110-37.03 Public education.
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 water maintenance
measures to be implemented in each stage. This information will be provided by means of press releases and
utility bill flyers.
Sec.110-37.04 Coordination with regional water planning groups.
The service area of the city is located within the Region X of the Regional Water Planning Area and the city has
provided a copy of this plan to Region X.
Sec. 110-37.05 Authorization.
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.
Sec. 110-37.06 Application.
The provisions of this plan shall apply to all persons,customers, and property utilizing water provided
(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 water maintenance 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 110-34 of this plan.The terms"person" and
"customer" as used in the plan include individuals, corporations, partnerships, associations,
and all other legal entities.
Sec. 110-37.07 Definitions.
1) For the purposes of this plan,the following definitions shall apply:
2) Aesthetic water use. Water use for ornamental or decorative purposes such as fountains, reflecting pools, and
water gardens.
3) 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.
4) Maintenance.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.
5) Customer.Any person,company,or organization using water supplied by the city.
6) Domestic water use. Water use for personal needs or for household or sanitary purposes such as drinking,
bathing, heating, cooking, and sanitation, or for cleaning the interior of a residence, business, industry, or
institution.
7) Odd-numbered address.Street addresses, box numbers,or rural postal route numbers ending in 1,3,5,7,or 9.
Page 1 of 8
8) Even-numbered address. Street addresses, box numbers, or rural postal route numbers ending in 0, 2,4, 6, or
8,and locations without addresses.
9) Industrial water use. The use of water in processes designed to convert materials of lower value into forms
having greater usability and value.
10) 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.
11) Non-essential water use. Water uses that are not essential nor required for the protection of public, health,
safety,and welfare, including:
12) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided
under this plan;
(1) Use of water to wash any motor vehicle,motorbike, boat,trailer, airplane or other vehicle;
(2) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or
other hard-surfaced areas;
(3) Use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(4) Flushing gutters or permitting water to run or accumulate in any gutter or street;
(5) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;
(6) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to
support aquatic life;
(7) Failure to repair a controllable leak(s) within a reasonable period after having been given notice
directing the repair of such leak(s)and
(8) Use of water from hydrants for construction purposes or any other purposes other than
firefighting. (1)Stage 1 triggers
Sec.110-37.08 Criteria for initiation and termination of water maintenance stages.
1) 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.
2) 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 110-37.07 of this article(definitions)when
total daily water demand equals or exceeds twenty-five million (25,000,000) gallons for three (3)
consecutive days or twenty-six million (26,000,000) gallons on a single day (e.g., based on the "safe"
operating capacity of water supply facilities).
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.
3) Stage 2 triggers—Moderate water shortage conditions.
a) Requirements for initiation. Customers shall be required to comply with the requirements and restrictions
on certain non-essential water uses provided in section 110-37.08(a)of this plan when the total daily water
demand equals or exceeds twenty-six million(26,000,000)gallons for three(3)consecutive days or twenty-
seven million (27,000,000)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 becomes operative.
4) Stage 3 triggers—Severe water shortage conditions.
a) Requirements for initiation.Customers shall be required to comply with the requirements and restrictions
on certain non-essential water uses for stage 3 of this plan when the total daily water demand equals or
exceeds twenty-seven million (27,000,000) gallons for three (3) consecutive days or twenty-eight million
(28,000,000)gallons on a single day.
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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 becomes operative.
5) Stage 4 triggers—Critical water shortage conditions.
a) Requirements for initiation.Customers shall be required to comply with the requirements and restrictions
on certain non-essential water uses for stage 4 of this plan when the total daily water demand equals or
exceeds twenty-eight million (28,000,000) gallons for three (3) consecutive days or twenty-nine million
(29,000,000)gallons on a single day.
Sec. 110-37.09 Response stages.
1) 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 becomes operative.
2) 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).
3) 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.
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 110-37.08 of this plan, shall
determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall
implement the following notification procedures:
i) Notification of the public(all trigger stages):The city manager or his/her designee shall notify the public
by means of:
4) Publication in a newspaper of general circulation(the Port Arthur News);
5) Public service announcements(local television and radio stations).
6) 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).
7) Stage 1 response—Mild water shortage conditions.
a) Goal.Achieve a voluntary eight(8) percent reduction in total water demand.
i) Supply management measures.
ii) Reduced flushing of water mains;
iii) Discontinue fire hydrant flushing;
(1) Voluntary water use restrictions.
(a) 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.
8) All operations of the city shall adhere to water use restrictions prescribed for stage 2 of the plan.
9) Water customers are requested to practice water maintenance and to minimize or discontinue water use for
non-essential purposes.
a) Stage 2 response—Moderate water shortage conditions.
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i) Goal.Achieve a ten (10)percent reduction in total water demand.
ii) Supply management measures.
(1) Reduced or discontinued flushing of water mains;
(2) Discontinue fire hydrant testing;
(3) Reduced or discontinued irrigation of public landscaped areas;
(4) Implement measures to return all system components to full production capacity.
(a) Water use restrictions. Under threat of penalty for violation, the following water use
restrictions shall apply to all persons:
(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,
orjacuzzi-type pools is prohibited except on designated watering days between the hours
of 12:00 midnight and 10:00 a.m. and between 8 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 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.
iii) The following uses of water are defined as non-essential and are prohibited:
(i) Wash-down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other
hard-surfaced areas;
(ii) Use of water to wash down buildings or structures for purposes other than immediate
fire protection;
(iii) Use of water for dust control;
(iv) Flushing gutters or permitting water to run or accumulate in any gutter or street;and
(v) Failure to repair a controllable leak(s)within a reasonable period after having been given
notice directing the repair of such leak(s).
b) Stage 3 response—Severe water shortage conditions.
i) Goal.Achieve a twelve and one-half(12.5) percent reduction in total water demand.
Page 4 of 8
ii) Supply management measures.
10) All measures described for stage 2;
11) Aggressively locate and repair major water main leaks and breaks.
i) Water use restrictions.All requirements of stage 2 shall remain in effect during stage 3 except:
(1) 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, or permanently installed automatic
sprinkler system only.The use of hose-end sprinklers is prohibited at all times.
(2) The watering of golf course tees is prohibited unless the golf course utilizes a water source other
than that provided by the city.
b) Stage 4 response—Critical water shortage conditions.
i) Goal.Achieve a fifteen (15) percent reduction in total water demand.
ii) Supply management measures.All measures described in stages 2 and 3.
(1) Water use restrictions. All requirements of stage 2 and 3 shall remain in effect during stage 4
except:
(a) 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 is prohibited at all times.
(b) 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.
(c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type
pools is prohibited.
(d) 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.
(e) 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.
(f) The use of water for construction purposes from designated fire hydrants under special permit
is to be discontinued.
c) Stage 5 response—Emergency water shortage conditions.
i) Goal.Achieve a thirty(30) percent reduction in total water demand.
ii) Supply management measures.All measures described in stages 2, 3,and 4.
(1) Water use restrictions. All requirements of stage 2, 3, and 4 shall remain in effect during stage 5
except:
(a) Irrigation of landscaped areas is absolutely prohibited.
(b) Use of water to wash any motor vehicle, motorbike, boat,trailer, airplane or other vehicle is
absolutely prohibited.
(c) All water usage except that required to protect the public health, safety, and welfare is
prohibited.
Sec.110-37.10 Enforcement.
1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers, if
applicable,shall pay the following surcharges on excess water diversions and/or deliveries:
(1) One hundred ten (110) percent of the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation up through five(5) percent above the monthly allocation.
Page 5 of 8
(2) One hundred twenty (120) percent of the normal water charge for water diversions and/or
deliveries in excess of the monthly allocation from five(5) percent through ten(10)percent above
the monthly allocation.
(3) One hundred fifty(150)percent of the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation from ten (10) percent through fifteen (15) percent above the
monthly allocation.
(4) Two(2)times the normal water charge for water diversions and/or more than fifteen(15)percent
above the monthly allocation.
(5) The above surcharges shall be cumulative.
Sec.110-37.11 Variances.
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 ($2000.00). 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 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 at twenty-five dollars($25.00), 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) Any employee of the city, police officer, or other city employee designated by the city manager 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, and the offense charged,
and shall direct him/her to appear in the city municipal court on the date shown on the citation, for which the
date shall not be less than three(3)days nor more than ten(10)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 fourteen(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 the city 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 the city 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.
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:
i) 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.
ii) Alternative methods can be implemented which will achieve the same level of reduction in water use.
Page 6 of 8
5) 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,andshall 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 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.
b) 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:
i) Variances granted shall include a timetable for compliance.
ii) Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to
meet specified requirements.
c) No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance
of the variance.
(a) Pro rata water allocation.In the event that the triggering criteria specified in section 110-37.08
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:
ii) The city will include a provision in every wholesale water contract, if applicable, 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.
iii) A wholesale customer's monthly allocation,if applicable,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, if
applicable,shall be limited to the allocation established for each month.
iv) A monthly water usage allocation shall be established by the city manager or his/her designee,for each
wholesale customer, if applicable. The wholesale customer's water usage baseline will be computed
on the average water usage by month for the 2017-2022 calendar year period. If the wholesale water
customer's billing history is less than five(5)years,the monthly average for the period for which there
is a record shall be used for any monthly period for which no billing history exists.
v) The city manager shall provide notice, by certified mail, to each wholesale customer, if applicable,
informing them of their monthly water usage allocations and shall notify the news media and the
executive director of the TCEQ upon initiation of pro rata water allocation.
vi) Upon request of the customer or at the initiative of the city manager the allocation may be reduced or
increased if:
(1) The designated period does not accurately reflect the wholesale customer's normal water usage,
if applicable;
(2) The customer agrees to transfer part of its allocation to another wholesale customer,if applicable;
or
(3) Other objective evidence demonstrates that the designated allocation is inaccurate under
(4) present conditions.
(5) A customer may appeal an allocation established hereunder to the city council.
Page 7 of 8
6) (b) Enforcement. During any period when pro rata allocation of available water supplies is in effect,wholesale
customers, if applicable, shall pay the following surcharges on excess water diversions and/or deliveries:
(1) One hundred ten (110) percent of the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation up through five(5) percent above the monthly allocation.
(2) One hundred twenty (120) percent of the normal water charge for water diversions and/or
deliveries in excess of the monthly allocation from five(5)percent through ten(10)percent above
the monthly allocation.
(3) One hundred fifty(150)percent of the normal water charge for water diversions and/or deliveries
in excess of the monthly allocation from ten (10) percent through fifteen (15) percent above the
monthly allocation.
(4) Two(2)times the normal water charge for water diversions and/or more than fifteen(15) percent
above the monthly allocation.
(5) The above surcharges shall be cumulative.
7) (c)Variances.
(1) The city manager, or his/her designee, may, in writing,grant a temporary variance to the pro rata
water allocation 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 or more of the following conditions are met:
8) 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.
9) Alternative methods can be implemented which will achieve the same level of reduction in water use.
(1) Persons requesting an exemption from the provisions of this plan shall file a petition for variance
with the city manager within five (5)days after pro rata allocation has been invoked.All petitions
for variances shall be reviewed by the city council,and shall include the following:
(a) Name and address of the petitioner(s);
(b) Detailed statement with supporting data and information as to how the pro rata allocation of
water under the policies and procedures established in the plan adversely affects the
petitioner or what damage or harm will occur to the petitioner or others if petitioner complies
with this article;
(c) Description of the relief requested;
(d) Period of time for which the variance is sought;
(e) Alternative measures the petitioner is taking or proposes to take to meet the intent of this
plan and the compliance date;
(f) Other pertinent information.
(2) Variances granted by the city shall be subject to the following conditions, unless waived or
modified by the city or its designee:
(3) Variances granted shall include a timetable for compliance.
(4) Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed
to meet specified requirements.
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