2000-008-ORD REPEALING SECTION 34-3 OF CODE OF ORDINANCES REGARDING EMERGENCY RATIONING OF WATER
ORDINANCE NO. 2000-008
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, REPEALING
SECTION 34-3 OF THE CODE OF ORDINANCES REGARDING
EMERGENCY RATIONING OF WATER; ADOPTING A NEW ARTICLE
IV TO CHAPTER 34 OF THE CODE OF ORDINANCES ENTITLED
"DROUGHT CONTINGENCY PLAN FOR RETAIL WATER
CUSTOMERS"; ADOPTING A NEW ARTICLE V TO CHAPTER 34 OF THE
CODE OF ORDINANCES ENTITLED "DROUGHT CONTINGENCY PLAN
FOR WHOLESALE WATER CUSTOMERS; PROVIDING A
SEVERABILITY CLAUSE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris, Paris, Texas, recognizes that the amount of water available
to the City and its water utility customers is limited and subject to depletion during periods of
extended drought; and,
WHEREAS, the City of Paris recognizes that natural limitations due to drought conditions
and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and.
WHEREAS, Section 11.12172 of the Texas Water Code and applicable rules of the Texas
Natural Resource Conservation Commission require all public water supply systems in Texas to
prepare a drought contingency plan; and,
WHEREAS, the City of Paris has afforded the opportunity for the public to provide input
into the preparation of the drought contingency plan by means of public notices and public meetings
and public hearings for input on the plan; and,
WHEREAS, as authorized under law, and in the best interests of the citizens of Paris, the
City Council of the City of Paris deems it expedient and necessary to establish certain rules and
policies for the orderly and efficient management oflimited water supplies during drought and other
water supply emergencies, in the form of a drought contingency plan. both for retail and wholesale
water customers, as the same are defined herein; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section l. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Section 34-3 of Article I of Chapter 34 ofthe Code of Ordinances ofthe City
of Paris, Paris, Texas, as the same provided for emergency rationing of water, shall be and is hereby
in all things repealed, and the remaining sections to Article I shall be renumbered in accordance with
said repeal.
Section 3. That there is hereby adopted to Chapter 34 of the Code of Ordinances of the City
of Paris, Paris, Texas, a new Article IV, entitled "Drought Contingency Plan for Retail Water
Customers," the aforesaid Article IV to read as follows:
"Article IV. Drought Contingency Plan for Retail Water Customers
Sec. 34-150. Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of water
supply facilities, and to conform with state mandates regarding preservation of water
supplies, 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 impact of water supply shortage or other water supply emergency conditions,
the City of Paris hereby adopts the following Article and drought contingency plan,
providing regulations and restrictions on the delivery and consumption of water.
Water uses regulated or prohibited under this drought contingency plan (the "Plan")
are considered to be nonessential, and continuation of such uses during times of
water shortage or other emergency water supply conditions are deemed to constitute
a waste of water which subjects the offenders to penalties as defined in Section 34-
157 of this Article.
Sec. 34-151. Authorization
The City Manager of the City of Paris, or his/her designee, is hereby authorized and
directed to implement the applicable provisions of this Article upon determination
that such implementation is necessary to protect public health, safety, and welfare.
The City Manager of the City of Paris, or hislher designee, shall have the authority
to initiate or terminate drought or other water supply emergency response measures
as described in this Article.
Sec. 34-152. Application
The provisions of this Article shall apply to all retail water customers of the City of
Paris, Paris, Texas.
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Sec. 34-153. Definitions
For the purposes of this Article, the following definitions shall apply:
(a) Aesthetic water use. Water use for ornamental or decorative purposes such as
fountains, reflecting pools, and water gardens.
(b) Commercial and institutional water use. Water use which is integral to the
operations of commercial and non-profit establishments and governmental entities
such as retail establishments, hotels and motels, restaurants, and office buildings.
(c) 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.
(d) Customer. Any individual, corporation, partnership, association, company, or
organization using water supplied by the City of Paris.
(e) 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.
(f) Even numbered address. Street addresses, box numbers, or rural postal route
numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
(g) Industrial water use. The use of water in processes designed to convert
materials of lower value into forms having greater usability and value.
(h) 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.
(i) Non-essential water use. Water uses that are not essential nor required for the
protection of public, health, safety, and welfare, including:
(1) irrigation of landscaped areas, including parks, athletic fields, and
golf courses, except as otherwise provided under this Article;
(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,
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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 fire fighting.
G) Odd numbered address. Street addresses, box numbers, or rural postal route
numbers ending in 1,3,5,7, or 9.
(k) Person. A term including individuals, corporations, partnerships, associations,
companies, organizations, or other legal entity.
(I) Retail Water Customer. A water customer of the City of Paris, Paris, Texas (as
that person is defined herein) that utilizes the water purchased from the City for its
own purposes and does not supply water to another person or entity for resale for
human consumption.
Sec. 34-154. Triggering Criteria for Initiation and Termination of Drought
Response Stages.
( a) General.
The City Manager of the City of Paris, or his/her designee, shall monitor water
supply and demand conditions on a daily basis and shall determine when conditions
warrant initiation or termination of each stage ofthe Plan. Public notification ofthe
initiation or termination of drought response stages shall be by means of publication
in a newspaper, radio announcements, utility bill inserts, and signs posted in public
places.
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The triggering criteria described below are based on an analysis of previous rainfall
data, lake capacities and historical drought conditions, and information from the
Drought Contingency Plan for Pat Mayse Lake as prepared by the Department of the
Army, Tulsa District of the Corps of Engineers.
Levels in both Lake Crook and Pat Mayse Lake are electronically monitored by the
USGS (Lake Crook) and the Corps of Engineers (Pat Mayse Lake). The Corps of
Engineers has an extensive internet site from which instantaneous and long range
planning data about Pat Mayse Lake may be taken.
(b) Stage 1 - Mild Water Shortage Conditions
(l) Requirements for initiation - Retail water customers shall be
requested to voluntarily conserve water and adhere to the prescribed
restrictions on certain water uses defined in Section 34-153 of this
Article for Stage 1 of the Plan when anyone of the following
triggering events exists:
a. When the water supply available to the City of Paris is equal
to or less than eighty percent (80%) ofthe Conservation Pool
in Pat Mayse Lake and Lake Crook combined; or
b. When, pursuant to requirements specified in the City of
Paris's wholesale water purchase contracts, notification is
received requesting initiation of Stage 1 of the Drought
Contingency Plan; or
c. When total daily water demand equals or exceeds thirty (30)
million gallons for seven (7) consecutive days or thirty-six
(36) million gallons for three (3) consecutive days; or
d. Continually falling treated water reservoir levels which do not
refill above eighty percent (80%) overnight.
(2) 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 seven (7) consecutive days.
(c) Stage 2 - Moderate Water Shortage Conditions
(1) Requirements for initiation - Retail water customers shall be required
to comply with the requirements and restrictions on certain water uses
defined in Section 34-153 of this Article for Stage 2 of the Plan when
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anyone of the following triggering events exists:
a. When the water supply available to the City of Paris is equal
to or less than seventy percent (70%) of the Conservation
Pool in Pat Mayse Lake and Lake Crook combined; or
b. When, pursuant to requirements specified in the City of
Paris's wholesale water purchase contracts, notification is
received requesting initiation of Stage 2 of the Drought
Contingency Plan; or
c. When total daily water demand equals or exceeds thirty-two
(32) million gallons for fourteen (14) consecutive days or
thirty-six (36) million gallons for six (6) consecutive days; or
d. Continually falling treated water reservoir levels which do not
refill above seventy percent (70%) overnight.
(2) 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 fourteen (14) consecutive days. Upon
termination of Stage 2, Stage 1 becomes operative.
(d) Stage 3 - Severe Water Shortage Conditions
(I) Requirements for initiation - Retail water customers shall be required
to comply with the requirements and restrictions on certain water uses
defined in Section 34-153 of this Article for Stage 3 of the Plan when
anyone of the following triggering events exist:
a. When the water supply available to the City of Paris is equal
to or less than sixty percent (60%) of the Conservation Pool
in Pat Mayse Lake and Lake Crook combined; or
b. When, pursuant to requirements specified in the City of
Paris's wholesale water purchase contracts, notification is
received requesting initiation of Stage 3 of the Drought
Contingency Plan; or
c. When total daily water demand equals or exceeds thirty-four
(34) million gallons for twenty-one (21) consecutive days or
thirty-six (36) million gallons for nine (9) consecutive days;
or
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d. Continually falling treated water reservoir levels which do not
refill above sixty percent (60%) overnight.
(2) 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 twenty-one (21) consecutive days. Upon
termination of Stage 3, Stage 2 becomes operative.
(e) Stage 4 - Critical Water Shortage Conditions
(1) Requirements for initiation - Retail water customers shall be required
to comply with the requirements and restrictions on certain water
uses defined in Section 34-153 of this Article for Stage 4 of the Plan
when anyone of the following triggering events exists:
a. When the water supply available to the City of Paris is equal
to or less than fifty percent (50%) of the Conservation Pool in
Pat Mayse Lake and Lake Crook combined; or
b. When, pursuant to requirements specified in the City of
Paris's wholesale water purchase contracts, notification is
received requesting initiation of Stage 4 of the Drought
Contingency Plan; or
c. When total daily water demand equals or exceeds thirty-five
(35) million gallons for twenty-one (21) consecutive days or
exceeds thirty-six (36) million gallons for nine (9)
consecutive days; or
d. Continually falling treated water reservoir levels which do not
refill above fifty percent (50%) overnight.
(2) 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 twenty-one (21) consecutive days. Upon
termination of Stage 4, Stage 3 becomes operative.
(f) Stage 5 - Emergency Water Shortage Conditions
(1) Requirements for initiation - Retail water customers shall be required
to comply with the requirements and restrictions on certain water uses
defined in Section 34-153 ofthis Article for Stage 5 ofthe Plan when
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the City Manager of the City of Paris, or his/her designee, determines
that a water supply emergency exists based on:
a. Major water line breaks, electrical power failures, or pump or
system failures which cause unprecedented loss of capability
to provide water service; or
b. Natural or man-made contamination of the water supply
source( s).
(2) Requirements for termination - Stage 5 of the Plan may be rescinded
when all of the conditions listed as triggering events have ceased to
exist.
(g) Water Rationing
(I) Requirements for initiation - Retail water customers shall be required
to comply with the water allocation plan prescribed in Section 34-156
of this Article and comply with the requirements and restrictions on
certain water uses defined in Section 34-153 of this Article for Stage
5 ofthe Plan when the following triggering events exist:
a. Major water line breaks, electrical power failures, or pump or
system failures occur which cause unprecedented loss of
capability to provide water service; or
b. Natural or man-made contamination of the water supply
source( s).
(2) Requirements for termination - Water rationing may be rescinded
when all of the conditions listed as triggering events have ceased to
exist.
Sec. 34-155. Drought Response Stages
(a) General
The City Manager of the City of Paris, 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 34.154 of this Article, shall determine that a
mild, moderate, severe, critical, or emergency condition exists and shall implement
the following actions upon publication of notice in a newspaper of general
circulation.
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(b) Stage I - Mild Water Shortage Conditions
(1) Goal: Achieve a voluntary five percent (5%) reduction in daily water
demand.
(2) Supply Management Measures:
Measures to be implemented directly by the City of Paris to manage limited
water supplies and/or reduce water demand will include: reduced or
discontinued flushing of water mains, use of reclaimed water for non-potable
purposes, and stringent operation of The Water Treatment Plant concerning
filter backwashing.
(3) Voluntary Water Use Restrictions
a. Retail water customers are requested to voluntarily limit the
irrigation of landscaped areas to Sundays and Thursdays for
water customers with a street address ending in an even
number, and Saturdays and Wednesdays for water customers
with a street address ending in an odd number, 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.
b. All operations of the City of Paris shall adhere to water use
restrictions prescribed for Stage 2 of the Plan.
c. Retail water customers are requested to practice water
conservation and to minimize or discontinue water use for
non-essential purposes.
(c) Stage 2 - Moderate Water Shortage Conditions
(I) Goal: Achieve a ten percent (10%) reduction in daily water demand.
(2) Supply Management Measures:
Measures to be implemented directly by the City of Paris to manage limited
water supplies and/or reduce water demand will include: reduced or
discontinued flushing of water mains, use of reclaimed water for non-potable
purposes, stringent operation of water for non-potable purposes, stringent
operation of The Water Treatment Plant concerning filter backwashing, and
discontinuing all outside wash-down activities.
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(3) Water use restrictions. Under threat of penalty for violation, the
following water use restrictions shall apply to all persons:
a. Irrigation of landscaped areas with hose-end sprinklers or
automatic irrigation systems shall be limited to Sundays and
Thursdays for retail water customers with a street address
ending in an even number, and Saturdays and Wednesdays for
retail water customers with a street address ending in an odd
number, 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
anytime if it is by means of a hand-held hose, a faucet filled
bucket or watering can of five (5) gallons or less, or drip
irrigation system.
b. Use of water to wash any motor vehicle, motorbike, boat,
trailer, airplane or other 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 car wash 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.
c. 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 p.m.
and 12:00 midnight.
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 re-circulation system..
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e. Use of water from hydrants shall be limited to fire fighting,
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 of Paris.
f. 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 of Paris, the facility shall not be subject to these
regulations.
g. All restaurants are prohibited from serving water to patrons
except when requested.
h. 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;
(v) failure to repair a controllable leak(s) within a
reasonable period after having been given notice
directing the repair of such leak(s).
(d) Stage 3 - Severe Water Shortage Conditions
(I) Goal: Achieve a fifteen percent (15%) reduction in daily water
demand.
(2) Supply Management Measures:
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Measures to be implemented directly by the City of Paris to manage limited
water supplies and/or reduce water demand will include reduced or
discontinued flushing of water mains, use of reclaimed water for non-potable
purposes, stringent operation of The Water Treatment Plant concerning filter
backwashing, and discontinuing all outside wash-down activities.
(3) Water Use Restrictions: All requirements of Stage 2 shall remain in
effect during Stage 3 except:
a. 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 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.
b. The watering of golf course tees is prohibited unless the golf
course utilizes a water source other than that provided by the
City of Paris.
c. The use of water for construction purposes from designated
fire hydrants under special permit is to be discontinued.
(e) Stage 4 - Critical Water Shortage Conditions
(1) Goal: Achieve a twenty percent (20%) reduction in daily water
demand.
(2) Supply Management Measures:
Measures to be implemented directly by the City of Paris to manage limited
water supplies and/or reduce water demand will include: reduced or
discontinued flushing of water mains, use of reclaimed water for non-potable
purposes, stringent operation of The Water Treatment Plant concerning filter
backwashing, and discontinuing all outside wash-down activities:
(3) Water Use Restrictions: All requirements of Stages 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
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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 car wash and commercial service
stations and not in the immediate interest of public health,
safety, and welfare is prohibited. Further, such vehicle
washing at commercial car washes 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 ponds are
equipped with a re-circulation system.
e. No applications 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 allowed or approved.
(f) Stage 5 - Emergency Water Shortage Conditions
(1) Goal: Achieve a twenty-five percent (25%) reduction in daily water
demand.
(2) Supply Management Measures:
Measures to be implemented directly by the City of Paris to manage limited
water supplies and/or reduce water demand will include: reduced or
discontinued flushing of water mains, use of reclaimed water for non-potable
purposes, stringent operation of The Water Treatment Plant concerning filter
backwashing, and discontinuing all outside wash-down activities. Elevated
tank levels will be operated within minimum operating ranges in order to
reduce system-wide pressure and still maintain adequate fire protection.
The City of Paris shall also utilize its existing emergency management plans
when necessary. These plans include:
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a.. Spill Prevention Control and Countermeasure Plan;
b. Emergency Response and Evacuation Plan for Hazardous Gas
Leaks;
c. Emergency Management Procedures for Disasters;
d. Procedures for Managing Chemical Overdoses in the Potable
Water System;
e. Risk Management Plan (EPA-Clean Air Act).
(3) Water Use Restrictions: All requirements of Stages 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.
This includes commercial car washes and service stations.
Sec. 34-156. Water Rationing
In the event that water shortage conditions threaten public health, safety, and welfare,
the City Manager of the City of Paris, or his/her designee, is hereby authorized to
ration water according to the following water allocation plan:
(a) Single-Family Residential Customers
The allocation to residential water customers residing in a single-family dwelling
shall be as follows:
Persons oer Household
lor 2
3 or 4
5 or 6
7 or 8
9 or 10
11 or more
Cubic Ft. Per Month
800
950
1100
1200
1350
1600
"Household" means the residential premises served by the customer's meter.
"Persons per household" includes only those persons currently physically residing at
the premises and expected to reside there for the entire billing period. A particular
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customer's household is assumed to be comprised of two (2) persons unless the
customer notifies the City of Paris of additional or less persons per household on a
form prescribed by the City. The City shall attempt to make such forms available by
mail or other means to every residential customer. If, however, a customer does not
receive such a form, it shall be the customer's responsibility to go to the City of Paris
Water Billing Office to complete and sign the form claiming more than two (2)
persons per household. New customers may claim more persons per household on
the appropriate form at the time of applying for water service. When the number of
persons per household increases and thereby places the customer in a different
allocation category, the customer may notify the City of Paris on such form, and the
change will be implemented in the next practicable billing period. If the number of
persons in a household is reduced, the customer shall notify the City of Paris in
writing within two (2) days. In prescribing the method for claiming more than two
(2) persons per household, the City Manager of the City of Paris, or hislher designee,
shall adopt methods to insure the accuracy of the claim. Any person who knowingly,
recklessly, or with criminal negligence falsely reports the number of persons in a
household or fails to timely notify the City of Paris of a reduction in the number of
persons in a household shall, upon adjudication of guilt, be subject to fine in an
amount of not less than $25.00 nor more than $500.00.
Residential water customers shall also pay the following surcharges:
$.50
$.75
$1.00
$1.25
for the first 100 cubic feet over allocation;
for the second 100 cubic feet over allocation;
for the third 100 cubic feet over allocation; thereafter,
for each additional 100 cubic feet over allocation.
Surcharges shall be cumulative.
(b) Master-Metered Multi-Family Residential Customers
The allocation to a customer billed from a master meter which jointly measures water
to multiple permanent residential dwelling units (e.g., apartments, mobile homes)
shall be allocated 800 cubic feet per month for each dwelling unit. A customer's
meter is assumed to serve two (2) dwelling units unless the customer notifies the City
of Paris of a greater or lesser number of dwelling units on the meter, such notice to
be on a form prescribed by the City.
The City shall attempt to make such forms available by mail or other means to every
such customer. If, however, a customer does not receive such a form, it shall be the
customer's responsibility to go to the City of Paris Water Billing Office to complete
and sign the form claiming more than two (2) dwellings. A dwelling unit may be
claimed under this provision whether it is occupied or not. New customers may
claim more dwelling units on the appropriate form at the time of applying for water
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service. If the number of dwelling units served by a master meter is reduced, the
customer shall notifY the City of Paris in writing within two (2) days. In prescribing
the method for claiming more than two (2) dwelling units, the City Manager of the
City of Paris shall adopt methods to insure the accuracy of the claim. Any person
who knowingly, recklessly, or with criminal negligence falsely reports the number
of dwelling units serviced by a master meter or fails to timely notifY the City of Paris
of a reduction in the number of persons in a household shall, upon an adjudication
of guilt, be subject to fine in an amount of not less than $25.00 nor more than
$500.00.
Customers billed from a master meter under this provision shall also pay the
following monthly surcharges:
$ .50 for 100 cubic feet over allocation up through the first 100 cubic feet
for each dwelling unit over the allocation;
$ .75 thereafter, for each additional 100 cubic feet over allocation up
through a second 100 cubic feet for each dwelling unit;
$1.00 thereafter, for each additional 100 cubic feet over allocation up
through a third 100 cubic feet for each dwelling unit; thereafter,
$1.25 for each additional 100 cubic feet over allocation.
Surcharges shall be cumulative.
(c) Commercial Customers
A monthly water usage allocation shall be established by the City Manager of the
City of Paris, or his/her designee, for each nonresidential commercial customer other
than an industrial customer who uses water for processing purposes. The non-
residential customer's allocation shall be eighty-five percent (85%) of the customer's
usage for the corresponding month's billing period for the previous twelve (12)
months. If the customer's billing history is shorter than twelve (12) months, the
monthly average for the period for which there is a record shall be used for any
monthly period for which no history exists. Provided, however, a customer whose
monthly usage is less than 200 cubic feet shall be allocated 200 cubic feet.
The City shall attempt to provide by mail or other means notice of each non-
residential customer's allocation. If, however, a customer does not receive such
notice, it shall be the customer's responsibility to contact the City of Paris Water
Billing Office to determine the allocation, and the allocation shall be fully effective
notwithstanding the lack of receipt of written notice. Upon request of the customer
or at the initiative of the City Manager of the City of Paris, or hislher designee, the
allocation may be reduced or increased if: (1) the City determines the designated
period does not accurately reflect the customer's normal water usage; (2) one
nonresidential customer agrees to transfer part of its allocation to another
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nonresidential customer; or (3) the City determines 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 ofthe
City of Paris.
Nonresidential commercial customers shall also pay the following surcharges:
Customers whose allocation is 200 cubic feet through 800 cubic feet per month:
$ .50 per 100 cubic feet for the first 100 cubic feet over allocation;
$ .75 per 100 cubic feet for the second 100 cubic feet over allocation;
$ 1.00 per 100 cubic feet for the third 100 cubic feet over allocation;
thereafter,
$ 1.25 per 100 cubic feet for each additional 100 cubic feet over allocation.
Customers whose allocation is greater than 800 cubic feet per month or more:
1.2 times the block rate for each 100 cubic feet in excess of the allocation
up through five percent (5%) above allocation;
1.3 times the block rate for each 100 cubic feet from five percent (5%)
through ten percent (10%) above allocation;
1.4 times the block rate for each 100 cubic feet from ten percent (10%)
through fifteen percent (15%) above allocation;
1.5 times the block rate for each 100 cubic feet more than fifteen percent
(15%) above allocation.
The surcharges shall be cumulative. As used herein, "block rate" means the charge
to the customer per 100 cubic feet at the regular water rate schedule at the level of the
customer's allocation.
(d) Industrial Customers
A monthly water usage allocation shall be established by the City Manager of the
City of Paris, or his/her designee, for each industrial customer which uses water for
processing purposes. The industrial customer's allocation shall be approximately
ninety percent (90%) of the customer's water usage baseline. Ninety (90) days after
the initial imposition of the allocation for industrial customers, the industrial
customer's allocation shall be further reduced to eighty-five percent (85%) of the
customer's water usage baseline. The industrial customer's water usage baseline will
be computed on the average water usage for the twelve (12) month period ending
prior to the date of implementation of Stage 2 of the Plan. If the industrial water
customer's billing history is shorter than twelve (12) months, the monthly average
17
for the period for which there is a record shall be used for any monthly period for
which no billing history exists.
The City shall attempt to provide by mail or other means notice of each industrial
customer's allocation. If, however, a customer does not receive such notice, it shall
be the customer's responsibility to contact the City of Paris Water Billing Office to
determine the allocation, and the allocation shall be fully effective notwithstanding
the lack of receipt of written notice. Upon request of the customer or at the initiative
of the City Manager of the City of Paris, or hislher designee, the allocation may be
reduced or increased if: (1) the City determines the designated period does not
accurately reflect the customer's normal water usage because the customer had
shutdown a major processing unit for repair or overhaul during the period; (2) the
City determines the customer has added or is in the process of adding significant
additional processing capacity; (3) the City determines the customer has shutdown
or significantly reduced the production of a major processing unit; (4) the City
determines the customer has previously implemented significant permanent water
conservation measures such that the ability to further reduce usage is limited; (5) the
customer agrees to transfer part of its allocation to another industrial customer; or (6)
the City determines 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 of the City of Paris.
Industrial customers shall also pay the following surcharges:
Customers whose allocation is 800 cubic feet through 1600 cubic feet per month:
$ .50 per 100 cubic feet for the first 100 cubic feet over allocation;
$ .75 per 100 cubic feet for the second 100 cubic feet over allocation;
$1.00 per 100 cubic feet for the third 100 cubic feet over allocation;
thereafter,
$1.25 per 100 cubic feet for each additional 1 00 cubic feet over allocation.
Customers whose allocation is more than 1600 cubic feet per month:
1.2 times the block rate for each 100 cubic feet in excess of the allocation
up through five percent (5%) above allocation;
1.3 times the block rate for each 100 cubic feet from five percent (5%)
through ten percent (10%) above allocation;
1.4 times the block rate for each 100 cubic feet from ten percent (l 0%)
through fifteen percent (15%) above allocation;
1.5 times the block rate for each 100 cubic feet more than fifteen percent
(15%) above allocation.
18
The surcharges shall be cumulative. As used herein, "block rate" means the charge
to the customer per 100 cubic feet at the regular water rate schedule at the level of
the customer's allocation.
Sec. 34-157. Enforcement
(a) No person shall knowingly or intentionally allow the use of water from the
City of Paris for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provision of
this Article, 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 of the City of Paris, or his/her designee, in accordance with
provisions of this Article.
(b) Any person who violates this Article is guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than $ 25.00 and not more
than $500.00 per offense. Each day that one of the provisions in this Article
is violated shall constitute a separate offense, and multiple violations shall
constitute multiple offenses. If a person is convicted of three (3) or more
violations of this Article, the City Manager of the City of Paris, 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 re-connection charge, hereby established at $50.00, and any other costs
incurred by the City of Paris in discontinuing service. In addition, suitable
assurance must be given to the City Manager of the City of Paris, or his/her
designee, that the same violation shall not be repeated while the Plan is in
effect. Compliance with this Article may also be sought through injunctive
relief in a court of appropriate jurisdiction, and the City Attorney is hereby
authorized to seek such relief on behalf of the City.
(c) Any person, including a person classified as a retail water customer ofthe
City of Paris, 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
19
to use the water as it was used in violation of this Article and that the parent
could not have reasonably known of the violation.
(d) Any City of Paris police officer, or other employee designated by the City
Manager of the City of Paris, 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, the offense charged, and shall direct himlher to appear in
the City of Paris Municipal Court on the date shown on the citation. Service
of the citation shall be complete upon delivery ofthe 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 of Paris Municipal Court to enter a plea of guilty or not guilty for the
violation of this Article. If the alleged violator fails to appear in the City of
Paris Municipal Court, a warrant for his/her arrest may be issued. A
summons to appear may be issued in lieu of an arrest warrant.
Sec. 34-158. Variances
(a) The City Manager of the City of Paris, or his/her designee, may, in writing,
grant a temporary variance for existing water uses otherwise prohibited under
the Plan and this Article 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 a variance from the provisions of this Ordinance shall file
a petition for variance with the City Manager of the City of Paris, or hislher
designee, 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 of the City of Paris, or hislher designee, and shall include the
following:
(1) Name and address of the petitioner(s);
20
(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 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 of Paris shall be subject to the following
conditions, unless waived or modified by the City Manager of the City of
Paris, or his/her designee:
(I) 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 justiJY any violation of this Plan
occurring prior to the issuance of the variance.
Sec. 34-159. Contracted sales of water
The provisions of this Article and the Drought Contingency Plan adopted hereby
shall be subject to and construed in a marmer consistent with the provisions of
outstanding water supply contracts and the contractual obligations ofthe City of Paris
thereunder to supply water under the terms of said contracts to retail or wholesale
purchasers. This Section applies only to contracted sales of water to customers
under written contracts approved by the City Council of the City of Paris and does
not apply to purchases of water by customers under the City's rate ordinances."
21
Section 4. That there is hereby adopted to Chapter 34 ofthe Code of Ordinances ofthe City
of Paris, Paris, Texas, a new Article V, entitled "Drought Contingency Plan for Wholesale Water
Customers," the aforesaid Article to read as follows:
"Article V. Drought Contingency Plan for Wholesale Water Customers
Sec. 34-170. Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and to 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 of Paris adopts the following Drought Contingency
Plan (the Plan).
Sec. 34-171. Authorization
The City Manager ofthe City of Paris, or hislher designee, is hereby authorized and
directed to implement the applicable provisions of the Plan upon determination that
such implementation is necessary to protect public health, safety, and welfare. The
City Manager of the City of Paris, or hislher designee, shall have the authority to
initiate or terminate drought or other water supply emergency response measures as
described in this Article.
Sec. 34-172. Application
The provisions of this Article shall apply to all wholesale water customers of the City
of Paris.
Sec. 34-173. Definitions
For the purposes ofthis Article, the following definitions shall apply:
(a) Customer or wholesale water customer. Any individual, corporation,
partnership, association, person, company, or organization purchasing or using water
supplied by the City of Paris, Paris, Texas, that, in return for compensation, supplies
water to another person or entity for resale for human consumption. The term does
not include a person or entity that supplies water to itself or its employees or tenants
as an incident of that employee's service or tenancy when that water is not resold to
or used by others. For the purposes of this Article, the word "customer" and the
phrase "wholesale water customer" shall have the same meaning.
22
(b) Person. A term including individuals, corporations, partnerships,
associations, companies, organizations, or other legal entities.
Sec. 34-174. Triggering Criteria for Initiation and Termination of Drought
Response Stages
(a) General
The City Manager of the City of Paris, or his/her designee, shall monitor water
supply and demand conditions on a regular 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, telephone, or personal contact. The news media will also be informed.
The triggering criteria described below are based on rainfall data, lake capacity
information on the internet, and historical drought conditions.
(b) Stage 1 - Mild Water Shortage Conditions
(I) Requirements for initiation - The City of Paris will recognize that a
mild water shortage condition exists when:
a. The water supply available to the City of Paris is equal to or
less than eighty percent (80%) of the Conservation Pool at Pat
Mayse Lake; or
b. Total daily water demand equals or exceeds thirty (30)
million gallons for seven (7) consecutive days or thirty-six
(36) million gallons for three (3) consecutive days; or
c. Continually falling treated water reservoir levels which do not
refill above eighty percent (80%) overnight.
(2) Requirements for termination - Stage I of the Plan may be rescinded
when all of the conditions listed as triggering events have ceased to
exist for a period of seven (7) consecutive days. The City of Paris will
notifY its wholesale customers and the media of the termination of
Stage 1 in the same manner as the notification of initiation of Stage
I of the Plan.
(c) Stage 2 - Moderate Water Shortage Conditions
(I) Requirements for initiation - The City of Paris will recognize that a
moderate water shortage condition exists when:
23
a. The water supply available to the City of Paris is equal to or
less than seventy percent (70%) of the conservation pool at
Pat Mayse Lake; or
b. Total daily water demand equals or exceeds thirty-two (32)
million gallons for fourteen (14) consecutive days or thirty-six
(36) million gallons for six (6) consecutive days; or
c. Continually falling treated water reservoir levels which do not
refill above seventy percent (70%) overnight.
(2) 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 fourteen (14) consecutive days. Upon termination
of Stage 2, Stage 1 becomes operative. The City of Paris will notify
its wholesale customers and the media of the termination of Stage 2
in the same manner as the notification of initiation of Stage 2 of the
Plan.
(d) Stage 3 - Severe Water Shortage Conditions
(1) Requirements for initiation - The City of Paris will recognize that a
severe water shortage condition exists when any of the following
triggering events exists:
a. The water supply available to the City of Paris is equal to or
less than sixty percent (60%) of the conservation pool at Pat
Mayse Lake; or
b. Total daily water demand equals or exceeds thirty-four (34)
million gallons for twenty-one (21) consecutive days or thirty-
six (36) million gallons for nine (9) consecutive days; or
c. Continually falling treated water reservoir levels which do not
refill above sixty percent (60%) overnight.
(2) 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 twenty-one (21) consecutive days. Upon
termination of Stage 3, Stage 2 becomes operative. The City of Paris
will notify its wholesale customers and the media of the termination
of Stage 3 in the same manner as the notification of initiation of Stage
3 ofthe Plan.
24
(e) Stage 4 - Emergency Water Shortage Conditions
(1) Requirements for initiation - The City of Paris will recognize that an
emergency water shortage condition exists when any of the following
triggering events exits:
a. Major water line breaks, electrical power failures, or pump or
system failures occur which cause unprecedented loss of
capability to provide water service; or
b. Natural or man-made contamination of the water supply
source(s).
(2) Requirements for termination - Stage 4 ofthe Plan may be rescinded
when all of the conditions listed as triggering events have ceased to
exist. The City of Paris will notify its wholesale customers and the
media of the termination of Stage 4 in the same manner as the
notification of the initiation of Stage 4 of the Plan.
Sec. 34-175. Drought Response Stages
(a) General
The City Manager of the City of Paris, or his/her designee, shall monitor water
supply and demand conditions and, in accordance with the triggering criteria set forth
in Section 34-174 of this Article, shall determine that mild, moderate, severe, or
emergency water shortage conditions exist and shall implement the following
actions:
(b) Stage 1 - Mild Water Shortage Conditions
(1) Goal: Achieve a voluntary five percent (5%) reduction in total daily
water demand.
(2) Supply Management Measures:
Measures to be implemented by the City of Paris to manage limited
water supplies and reduce water demand will include reduced or
discontinued flushing of water mains, use of reclaimed water for non-
potable purposes, and stringent operation of the Water Treatment
Plant concerning filter backwashing.
25
(3) Demand Management Measures:
a. The City Manager of the City of Paris, or his/her designee( s),
will contact wholesale water customers to discuss water
supply and demand conditions and will request that wholesale
water customers initiate voluntary measures to reduce water
use (e.g., implement Stage I of the customer's drought
contingency plan).
b. The City Manager of the City of Paris, or hislher designee(s),
will provide a weekly report to news media with information
regarding current water supply and demand conditions,
projected water supply and demand conditions if drought
conditions persist, and consumer information on water
conservation measures and practices.
(c) Stage 2 - Moderate Water Shortage Conditions
(1) Goal: Achieve a ten percent (10%) reduction in daily water demand.
(2) Supply Management Measures:
Measures to be implemented by the City of Paris to manage limited
water supplies and reduce water demand will include reduced or
discontinued flushing of water mains, use of reclaimed water for non-
potable purposes, and stringent operation of the Water Treatment
Plant concerning filter backwashing.
(3) Demand Management Measures:
a. The City Manager ofthe City of Paris, or his/her designee(s),
will initiate weekly contact with wholesale water customers
to discuss water supply and demand conditions and the
possibility of pro rata curtailment of water diversions and
deliveries.
b. The City Manager of the City of Paris, or hislher designee(s),
will request wholesale water customers to initiate mandatory
measures to reduce non-essential water use (e.g., implement
Stage 2 of the customer's drought contingency plan).
c. The City Manager of the City of Paris, or hislher designee(s),
will initiate preparations for the implementation of pro rata
26
curtailment of water diversions and deliveries by preparing a
monthly water usage allocation baseline for each wholesale
customer according to the procedures specified in Section 34-
176 of this Article.
d. The City Manager ofthe City of Paris, or his/her designee(s),
will provide a weekly report to news media with information
regarding current water supply and demand conditions,
projected water supply and demand conditions if drought
conditions persist, and conswner information on water
conservation measures and practices.
(d) Stage 3 - Severe Water Shortage Conditions
(I) Goal: Achieve a fifteen percent (15%) reduction in daily water
demand.
(2) Supply Management Measures:
Measures to be implemented by the City of Paris to manage limited
water supplies and reduce water demand will include reduced or
discontinued flushing of water mains, use of reclaimed water for non-
potable purposes, and stringent operation of the Water Treatment
Plant concerning filter backwashing. Levels in elevated storage tanks
will be operated at lower levels that are consistent with maintaining
good fire protection, but will reduce water pressure to individual
households.
(3) Demand Management Measures:
a. The City Manager of the City of Paris, or hislher designee(s),
will contact wholesale water customers to discuss water
supply and demand conditions and will request that wholesale
water customers initiate additional mandatory measures to
reduce non-essential water use (e.g., implement Stage 2 of the
customer's drought contingency plan).
b. The City Manager of the City of Paris, or his/her designee( s),
will initiate pro rata curtailment of water diversions and
deliveries for each wholesale customer according to the
procedures specified in Section 34-176 of this Article.
27
c. The City Manager of the City of Paris, or his/her designee(s),
will provide a weekly report to news media with information
regarding current water supply and demand conditions,
projected water supply and demand conditions if drought
conditions persist, and consumer information on water
conservation measures and practices.
(e) Stage 4 - Emergency Water Shortage Conditions
Whenever emergency water shortage conditions exist as defined in Section 34-17 4( e)
of this Article, the City Manager of the City of Paris, or his/her designee, shall:
(1) Assess the severity of the problem and identify the actions needed and
time required to solve the problem (existing City of Paris Emergency
Management Plans may be used when necessary in making these
determinations);
(2) Inform the specified responsible official of each wholesale water
customer by telephone or in person and suggest actions, as
appropriate, to alleviate problems;
(3) When appropriate, notify city, county, and state emergency response
officials for assistance;
(4) Undertake necessary actions, including repalfS and clean-up as
needed;
(5) Prepare a post-event assessment report on the incident and critique of
emergency response procedures and actions.
Sec. 34-176. Pro Rata Water Allocation
In the event that the triggering criteria specified in Section 34-17 4( d) of this Article
for Stage 3 - Severe Water Shortage Conditions have been met, the City Manager of
the City of Paris, or his/her designee, 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:
(a) A wholesale customer's monthly allocation shall be a percentage of the
customer's water usage baseline. The percentage will be set by resolution of
the City Council of the City of Paris based on the assessment of the City
Manager of the City of Paris, or his/her designee, of the severity of the water
shortage condition and the need to curtail water diversions and deliveries and
28
may be adjusted periodically by resolution ofthe City Council of the City of
Paris as conditions warrant. Once pro rata allocation is in effect, water
diversions by or deliveries to each wholesale customer shall be limited to the
allocation established for each month.
(b) A monthly water usage baseline shall be established by the City Manager of
the City of Paris, or his/her designee, for each wholesale customer. The
wholesale customer's water usage baseline will be computed on the average
water usage by month for the five (5) immediately preceding calendar years.
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.
(c) The City Manager of the City of Paris, or his/her designee, shall provide
notice, by certified mail, to each wholesale customer informing them of their
monthly water usage allocations and shall notifY the news media and the
executive director of the Texas Natural Resource Conservation Commission
upon initiation of pro rata water allocation.
(d) Upon request of the customer or at the initiative of the City Manager of the
City of Paris, or his/her designee, the allocation may be reduced or increased
if (I) the City determines the designated period does not accurately reflect the
wholesale customer's normal water usage; (2) the customer agrees to transfer
part of its allocation to another wholesale customer; or (3) the City
determines 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 of the City of Paris.
Sec. 37-177. Enforcement
During any period when pro rata allocation of available water supplies is in effect,
wholesale customers shall pay the following surcharges on excess water diversions
and/or deliveries:
(a) 1.1 times the normal water charge per 1000 gallons for water diversions and
deliveries in excess of the monthly allocation up through five percent (5%)
above the monthly allocation;
(b) 1.2 times the normal water charge per 1000 gallons for water diversions and
deliveries in excess of the monthly allocation from five percent (5%) through
ten percent (10%) above the monthly allocation;
29
(c) 1.3 times the normal water charge per 1000 gallons for water diversions
and/or deliveries in excess of the monthly allocation from ten percent (10%)
through fifteen percent (15%) above the monthly allocation;
(d) 1.4 times the normal water charge per 1000 gallons for water diversions
and/or deliveries more than fifteen percent (15%) above the monthly
allocation.
(e) The above surcharges shall be cumulative.
Sec. 34-178. Variances
(a) The City Manager of the City of Paris, or his/her designee, may, in writing,
grant a temporary variance to the pro rata water allocation policies provided
under the Plan and this Article if it is determined that failure to grant such
variance would cause an emergency condition adversely affecting the public
health, welfare, or safety or if one or more of the following conditions are
met:
(1) Compliance with the 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 a variance from the provisions of this Article shall file a
petition for variance with the City Manager of the City of Paris, or his/her
designee, within five (5) days after pro rata allocation has been invoked. All
petitions for variances shall be reviewed by the City Manager of the City of
Paris 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 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;
(3) Description ofthe relief requested;
(4) Period of time for which the variance is sought;
30
(5) Alternative measures the petitioner is taking or proposes to take to
meet the intent of this Article and the compliance date;
(6) Other pertinent information.
(c) Variances granted by the City of Paris shall be subject to the following
conditions, unless waived or modified by the City Manager of the City of
Paris, or his/her designee:
(I) 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 the Plan
occurring prior to the issuance of the variance.
Sec. 34-179. Contracted sales of water
The provisions of this Article and the Drought Contingency Plan adopted hereby
shall be subject to and construed in a manner consistent with the provisions of
outstanding water supply contracts and the contractual obligations of the City
thereunder to supply water under the terms of said contracts to retail or wholesale
purchasers. This Section applies only to contracted sales of water to customers under
written contracts approved by the City Council of the City of Paris and does not apply
to purchases of water by customers under the City's rate ordinance."
Section 5. That the City of Paris will periodically provide the public with information about
the plans adopted herein, including information about the conditions under which each stage of each
plan is initiated or terminated and the drought response measures to be implemented at each stage.
This information may be provided by means of press releases, utility bill inserts, personal contact,
or any other means the City deems appropriate.
Section 6. That the service area of the City of Paris is located within the Northeast Texas
Region D Water Planning Group, and the City of Paris shall provide a copy of this ordinance to the
Northeast Texas Region D Water Planning Group.
Section 7. That all ordinances or parts of ordinances that are in conflict with the provisions
ofthis ordinance be, and the same are hereby, repealed, and all other ordinances of the City of Paris
not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 8. That the sections, paragraphs, sentences, clauses, and phrases of this ordinance
are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be
31
declared unconstitutional or unlawful by the final judgment or decree of any court or administrative
agency of competent jurisdiction, such finding of unlawfulness or unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, and such
remaining provisions shall remain in full force and effect.
Section 9. That this ordinance shall be effective on March 1,2000, following passage and
publication as required by law.
PASSED AND APPROVED this 14th day of February, 2000.
, "lu t1 Ij lu.L.
Charles H. Neeley, Mayor
ATTEST:
~td\:t l\LI~k~~\:\'r<<V
Mattie Cunningham, City Clerk
32