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supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 <br />and according to the following water allocation policies and procedures: <br />(a) A wholesale customer's monthly allocation shall be a percentage of the <br />customer's water usage baseline. The percentage will be set by resolution of the City <br />Council of the City of Paris based on the assessment of the City Manager, or his <br />authorized designee, of the severity of the water shortage condition and the need to <br />curtail water diversions and deliveries and may be adjusted periodically by <br />resolution of the City Council of the City of Paris as conditions warrant. Once pro <br />rata allocation is in effect, water diversions by or deliveries to each wholesale <br />customer shall be limited to the allocation established for each month. <br />(b) A monthly water usage baseline shall be established by the City Manager, or his <br />authorized designee, for each wholesale customer. The wholesale customer's water <br />usage baseline will be computed on the average water usage by month for the five <br />(5) immediately preceding calendar years. If the wholesale water customer's billing <br />history is less than five (5) years, the monthly average for the period for which there <br />is a record shall be used for any monthly period for which no billing history exists. <br />(c) The City Manager, or his authorized designee, shall provide notice, by certified <br />mail, to each wholesale customer informing them of their monthly water usage <br />allocations and shall notify the news media and the executive director of the Texas <br />Commission on Environmental Quality upon initiation of pro rata water allocation. <br />(d) Upon request of the customer or at the initiative of the City Manager, the <br />allocation may be reduced or increased if (1) the City determines the designated <br />period does not accurately reflect the wholesale customer's normal water usage; (2) <br />the customer agrees to transfer part of its allocation to another wholesale customer; <br />or (3) the City determines other objective evidence demonstrates that the <br />designated allocation is inaccurate under present conditions. A customer may <br />appeal an allocation established hereunder to the City Council of the City of Paris. <br />"Sec. 34 -180 Enforcement <br />During any period when pro rata allocation of available water supplies is in <br />effect, wholesale customers shall pay the following surcharges on excess water <br />diversions and /or deliveries: <br />(a) 1.1 times the normal water charge per 1000 gallons for water diversions <br />and /or deliveries in excess of the monthly allocation up through five percent (5 %) <br />above the monthly allocation. <br />(b) 1.2 times the normal water charge per 1000 gallons for water diversions <br />and /or deliveries in excess of the monthly allocation from five percent (5 %) <br />through ten percent (10 %) above the monthly allocation. <br />26 <br />