09 - 2019 Drought Contingency Water Conservation Plan
Item No. 9
memorandum
TO: City Council
John Godwin, City Manager
FROM: Doug Harris, Director of Utilities
SUBJECT: 2019 DROUGHT CONTINGENCY/WATER CONSERVATION PLAN
DATE: 03/28/2019
BACKGROUND: The Texas Commission on Environmental Quality requires the holder of an
existing permit, certified filing, or certificate of adjudication for the appropriation of surface
water in the amount of 1,000 acre-feet or more per year for municipal, industrial, other non-
irrigation use and each retail and wholesale public water supplier develop, submit, implement
and maintain a Drought Contingency/Water Conservation Plan. The initial plan was adopted by
ordinance in 2000, followed by ordinance updates in 2005, 2009 and 2014.
STATUS OF ISSUE: Updates to the Drought Contingency/Water Conservation are required by
the Texas Commission on Environmental Quality every five (5) years. The 2019 plan is an
update to existing Ordinance No. 2014-007.
BUDGET: There is no fiscal impact on the budget.
RECOMMENDATION: Adopt the 2019 Drought Contingency/Water Conservation Plan as a
revision to Ordinance No. 2014-007.
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, ADOPTING A REVISEDAND CONSOLIDATEDWATER
CONSERVATION/DROUGHT CONTINGENCYPLANIN
ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 11.1271
AND11.1272 OF THE TEXAS WATER CODE AND APPLICABLE RULES
OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; REPEALING ALL PRIOR DROUGHT CONTINGENCY AND
WATER CONSERVATIONPLANS IN CONFLICT HEREWITH;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,Section 11.1271 of the Texas Water Code and applicable rules of the Texas
Commission on Environmental Quality require the holder of an existing permit, certified filing, or
certificate of adjudication for the appropriation of surface water in the amount of 1,000 acre-feet
a year or more for municipal, industrial, and other uses to develop, submit, and implement a water
conservation plan, consistent with the appropriate approved regional water plan, that adopts
reasonable water conservation measures as defined by Subdivision (8)(B), Section 11.002, which
defines “conservation” as those practices, techniques, and technologies that will 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 water supply is made available for future or
alternative uses;
WHEREAS,the City of 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,Section 11.1272 of the Texas Water Code and applicable rules of the Texas
Commission on Environmental Quality require all public water supply systems in Texas to prepare
andmaintain a drought contingency plan; and,
WHEREAS,the City of Paris’ Water Conservationand Drought Contingency Planwas
last updated in April 28, 2014; and,
WHEREAS,maintaining a clean, reliable supply of potable water is essential to the health,
safety, and welfare of the citizens of the City of Paris; and,
WHEREAS,following public hearing and opportunity for public comment on the 2019
Water Conservation/Drought ContingencyPlan, this plan was brought forward for City Council
approval; and,
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WHEREAS,in order to preserve the City’s water supply, comply with the requirements
of State law, and in the interest of preserving the health, safety, and welfareof the citizens of Paris,
Texas, the City Council of the City of Paris deems it necessary and appropriateto establish certain
rules and policies for conservation of the City’s water supply and for the orderly and efficient
management of limited water supplies during drought and other water supply emergencies, in the
form of a revised and consolidated Water Conservation/Drought Contingency Plan for both 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, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2.Articles IV and V ofChapter 34 of the Code of Ordinances of the Cityof Paris,
Texas, are hereby amended and consolidated into a new Article IV “Drought Contingency Plan/Water
Conservation Plan” to read in its entirety as follows:
“Article IV. Drought Contingency/Water ConservationPlan
DIVISION ONE –Drought ContingencyPlan
Sec. 34-150Declaration of Policy, Purpose, and Intent
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 of Paris hereby adopts the following Drought
ContingencyPlan, providing regulations and restrictions on the delivery and consumption of water.
Water uses regulated or prohibited under this Drought ContingencyPlan (thePlan) are considered
to be non-essential and continuation of such uses during times of water shortage or other emergency
water supply conditionsare deemed to constitute a waste of water which subjects the offender(s) to
penalties as defined in Section 34-160 of this Article.
Sec. 34-151Public Involvement
Opportunity for the public to provide input into the preparation of the Plan was provided by the City
of Paris by means of public notices published on the City’s website and public meetings regarding
implementation of the Plan.
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Sec. 34-152Drought Contingency Public Education
The City of Paris will periodically provide the public with information about the Plan, including
information about the conditions under which each stage of the Plan is to be initiated or terminated
and the drought response measures to be implemented in each stage. This information will be
provided by means of press releases, posting on City websiteand utility bill inserts.
Sec. 34-153Coordination with Regional Water Planning Groups
The service area of the City of Paris is located within the Northeast Texas Region D Water Planning
Group and City of Paris will provide a copy of this Plan to the Northeast Texas Region D Water
Planning Group.
Sec. 34-154Authorization
The City Manager of the City of Paris ordesigneeis 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 designeewill have the authority to initiateor
terminate drought or other water supply emergency response measures as described in this Plan.
Sec. 34-155Application
The provisions of this Article will apply to all retail and wholesale water customers utilizing water
provided by the City of Paris.
Sec. 34-156Definitions
For the purposes of this Article,the following definitions will 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 that 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 person, company, or organization using water supplied by City of Paris.
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(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 number 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 neither essential norrequired for the protection of
public, health, safety, and welfare, including:
(1)Irrigation of landscape areas, includingwithout limitation: yards,parks, athletic fields, and
golf courses, except otherwise provided under this Plan;
(2)Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3)Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts,
or other hard-surfaced areas;
(4)Use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(5)Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6)Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type
pools;
(7)Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to
support aquatic life;
(8)Failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s); and
(9)Use of water from hydrants for construction purposes or any other purposes other than
firefighting.
(j)Odd numbered address. Street addresses, box numbers, or rural postal route numbers ending in 1,
3, 5, 7, or 9.
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(k)Person. A term including individuals, corporations, partnerships, associations, companies,
organizations, or other legal entity.
(l)Retail Water Customer. A water customer of the City of Paris (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.
(m) Wholesale Water Customer. Any individual, corporation, partnership, association, person,
company, or organization purchasing or using water supplied by the City of Paris, Texas, that, in
return for compensation, supplies water to anotherperson 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” will have the same meaning.
Sec. 34-157Criteria for Initiation and Termination of Drought Response Stages
(a) General.The City Manager or designee will monitor water supply and/or demand conditions to
determine when conditions warrant initiation or termination of each stage of the Plan. The City
Manager or designee may decide not to order the implementation or termination of a drought response
stage or water emergency even though one or more of the trigger events for a stage are met. Factors
that could influence such a decision include, but are not limited to, the time of year, weather
conditions, the anticipation of replenished water supplies, or the anticipation of potential changed
conditions that warrant the continuation of the drought stage.
The triggering criteria and responses described below are based on analysis of rainfall data, lake
capacities, historical drought conditions, and information from the Drought Contingency Plan for
Lake Crook and Pat Mayse Lake and as prepared by the Department of the Army, Tulsa District of
the Corps of Engineers.
The USGS and Corps of Engineers electronically monitor levels in Lake Crook and Pat Mayse Lake,
respectively.
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(b) Stage 1 Triggers -Mild DroughtConditions
(1)Requirements for initiation -Retail and wholesale water customers will be requested
to voluntarily conserve water and adhere to the prescribed restrictions on certain water
uses, defined in Section 34-158of this Article for Stage 1,when any one 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 there exists a high water demand on the system; or
c.When water production and/or distribution system limitations exist.
(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.
(c)Stage 2 Triggers -Moderate DroughtConditions
(1) Requirements for initiation –Retail and wholesale water customers will be required
to comply with the requirements and restrictions on certain non-essential wateruses
provided in Section 34-158of this Article for Stage 2 when any one of the following
triggering events exists:
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 total daily water demand equals or exceeds thirty-two (32) million
gallons for seven (7)consecutive days; or
c.When total daily water demand equals or exceeds thirty-six(36) million
gallons for three (3) consecutive days; or
d.When water production and/or distribution system limitations exist.
(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. Upon termination of Stage
2, Stage 1 becomes operative.
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(d)Stage 3 Triggers –Severe DroughtConditions
(1)Requirements for initiation –Retail and wholesale water customers will be required to comply
with the requirements and restrictions on certain non-essential wateruses provided in
Section 34-158 of this Article for Stage 3 when any one 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 total daily water demand equals or exceeds thirty-four(34) million
gallons for fourteen(14)consecutive days;or
c.When total daily water demand equals or exceeds thirty-six(36) million
gallons for six(6) consecutive days; or
d.When water production and/or distribution system limitations exist.
(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. Upon termination of Stage
3, Stage 2 becomes operative.
(e)Stage 4 Triggers –Emergency StageConditions
(1) Requirements for initiation –Retail and wholesale water customers will be required
to comply with the requirements and restrictions on certain non-essential wateruses
provided in Section 34-158of thisArticle for Stage 4 when any one of the following
triggering events exists:
a.When the water supply available to the City of Paris is equal to or less than
forty percent (40%) ofthe Conservation pool in Pat Mayse Lake and Lake
Crook combined; or
b.When total daily water demand equals or exceeds thirty-five (35) million
gallons for twenty-one(21) consecutive days; or
c.When total daily water demand equals or exceeds thirty-six (36) million
gallons for nine(9) consecutive days; or
d.Whenmajor water production or distribution system limitations exist; or
e.When there is contamination, natural or man-made, of the water supply
source(s); or
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f.When system outage occurs due to failure of major water systems
components, major water line breaks, electrical power failures, or pump or
system failures which cause unprecedented loss of capability to provide
water service.
(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. Upon termination of Stage
4, Stage 3 becomes operative.
Sec. 34-158 DroughtResponse Stages
(a) General.The City Manageror designeeshall monitor water supply and/or demand conditions
on a daily basis and, in accordance with the triggering criteria set forth in Section 34-157 of
this Article, shall determine that a mild, moderate, severe, or emergency water shortage
condition exists. The following notification procedures will be implemented:
(1) Notification of the Public –TheCity Manager or designee will notify the public by
posting information on City website,public service announcements,utility bill inserts,
publication in local newspaper, and/or posting of signs in public places.
(2)Additional Notification–The City Manager or designee will notify directly, or cause
to be notified directly, the following individuals and entities:
Mayor and City Council
City Fire Chief
City and County Emergency Management Coordinator(s)
County Judge &Commissioner(s)
Municipal Court Judge
Texas Commission on Environmental Quality (TCEQ), Water Supply Division
Department of Public Safety Division of Emergency Management
Major industrial and wholesale water users
Critical water users, e.g. hospitals, dialysis centers
(b)Stage 1 Response -MildDroughtConditions
(1)Target -Achieve a voluntary ten percent (10%) reduction in daily water demand.
(2)Best Management Practices for Supply Management –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 fornon-potable purposes, stringent operation of the Water Treatment
Plant concerning filter backwashing, and discontinuing all outside wash-down
activities.
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(3)Voluntary Water Use Restrictions for Reducing Demand
a.Retail water customers are requested to voluntarily limit the watering of
landscaped areas to the following time periods: for customers with street
addresses ending in an even number,times for watering are Sundays and
Thursday mornings from 12:00 a.m.until 10:00 a.m. and evenings from 6:00
p.m. until 12:00 a.m.For customers with a street address ending in an odd
number times for watering are Wednesday and Saturday mornings from 12:00
a.m.until 10:00 a.m. and evenings from 6:00 p.m. until 12:00 a.m...
b.All operations of the City of Paris will 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.
d.Wholesale customers arerequested to implement voluntary Stage 1 –Mild
Drought Conditions of their drought contingency plan and notify their water
customers.
(c)Stage 2 Response -Moderate DroughtConditions
(1)Target -Achieve a twentypercent (20%) reduction in daily water demand.
(2)Best Management Practices for Supply Management -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 for Demand Reduction -Under threat of penalty for violation,
the following water use restrictions will apply to all persons:
a.Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation
systems will be limited to the following time periods: for customers with street
addresses ending in an even number times for watering are Sunday and
Thursday mornings from 12:00 a.m.until 10:00 a.m. and evenings from 6:00
p.m. until 12:00 a.m. For customers with street addresses ending in an odd
number times for watering are Wednesday and Saturday mornings from 12:00
a.m. until 10:00 a.m. and evenings from 6:00 p.m. until 12:00 a.m.However,
irrigation of landscaped areas is permitted at any timeif it is by means of a hand-
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held hosewith a positive shut-off nozzle, a faucet filled bucket or watering can of
five (5) gallons or less, drip irrigation system or soaker hoses.
b.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 a.m. and 10:00 a.m. and between 6:00 p.m. and 12:00 a.m...Such washing,
when allowed, will be done with a hand-held bucket or a hand-held hose equipped
with a positive shutoff nozzle.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 exemptfrom these regulations if the health, safety,
and welfare of the public arecontingent 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 a.m. and 10:00 a.m. and between 6:00p.m. and 12:00
a.m..
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.Use of water from hydrants will 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 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 a.m. and
10:00 a.m. and between 6:00p.m. and 12:00 a.m...However, if the golf course
utilizes a water source other than that provided bythe City of Paris, the facility
will not be subject to these regulations.
g. The remaining non-essential water uses are prohibited during a Stage 2 drought
response:
(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).
g.Wholesale customers are requested to implement mandatory Stage 2 –Moderate
Drought Conditions of their drought contingency plan and notify their water
customers.
(d)Stage 3 Response -Severe DroughtConditions
(1)Target -Achieve a thirtypercent (30%) reduction in daily water demand.
(2)Best Management Practices for Supply Management -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
TreatmentPlant concerning filter backwashing, and discontinuing all outside wash-
down activities.
(3)Water Use Restrictions for Demand Reductions-All requirements of Stage 2 will
remain in effect during Stage 3 exceptas amended below:
a.Irrigation of landscaped areas will be limited to the following time periods: for
customers with street addresses ending in an even number,times for watering
are Thursday evenings from 12:00 a.m. until 10:00 a.m. For customers with
street addresses ending in an odd number, times for watering are Wednesday
from 12:00 a.m. until 10:00 a.m. Watering will be by means of hand-held hoses,
hand-held buckets, drip irrigation system or soaker hoses only. The use of hose-
end sprinklers or automatic sprinkler systems are prohibited during Stage 3 severe
drought conditions.
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 inthe immediate interest of public health, safety, and
welfare is prohibited. Further, such vehicle washing at commercial car washes
and commercial service stations will occur only between the hours of 6:00 a.m.
and 10:00 a.m. and between 6:00 p.m. and 10 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 will 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 will be in effect.
f.Wholesale customers are requested to implement mandatory Stage 3 –Severe
Drought Conditions of their drought contingency plan and notify their water
customers.
(e)Stage 4 Response –Emergency DroughtStage
(1)Target -Achieve afortypercent (40%) reduction in daily water demand.
(2)Best Management Practices for Supply Management -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 fornon-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.
(3)Water Use Restrictions for DemandReduction. All requirements of Stage 2 and 3
will remain in effect during Stage 4 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.Wholesale customers are requested to implement mandatory Stage 4 –
Emergency Drought Conditions of their drought contingency plan and notify
their water customers.
d.Pro rata curtailment of water deliveries to wholesale water customers as provided
in Section 11.039 of the TexasWater Code.
e.The City will consider implementing water usage surcharge(s) for excessive use.
Sec. 34-159 WaterAllocation
In the event of an identified water shortage, the City will distribute water to wholesale
customers according to Texas Water Code, §11.039and initiate water allocation to
municipal water customers. The City of Paris will include a provision in every wholesale
water contract entered into or renewed after adoption of the Plan, including contract
extensions, that in case of a shortage of water resulting from drought, the water to be
distributed shall be divided in accordance with Section 11.039 of the Texas Water Code.
Sec. 34-160Enforcement
(a)No person will 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 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 City Manageror
designee, in accordance with provisions of this Plan.
(b)That any person violating any provision of this ordinance shall be guilty of a Misdemeanor,
and upon conviction, shall be subject to a fine in accordance withtheprovisions of Sec. 1-
6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be
deemed a separate offense. If a person is convicted of three or more distinct violations of
this Article, 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 will 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 that
the same action will 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 water customer of the City of Paris in apparent
control of the property where a violation occurs or originates will be presumed to be the
violator, and proof that the violation occurred on the person’s property will constitute a
rebuttable presumption that the person in apparent control of the property committed the
violation, but any such person will have the right to show that he/she did not commit the
violation. Parents will 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 will constitute a rebuttable presumption that the parent committed the violation, but
any such parent may be excused if they provetheyhad previously directed the child not 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 employee of the City of Paris, police officer, or other 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 will be prepared in duplicate andwill contain the name and address of
the alleged violator, if known, the offense charged, and will direct the violatorto appear in the
City of Paris Municipal Court on the date shown on the citation for which the date will not be
less than three (3)days nor more thanthirty(30)days from the date the citation was issued.
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The alleged violator will be served a copy of the citation. Service of the citation will 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 violationwill appear
in 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 Municipal Court, a warrant for the violator’sarrest may be
issued. A summons to appear may be issued in lieu of an arrest warrant. These cases will be
expedited and given preferential setting in Municipal Court before all other cases.
Sec. 34-161Variances
(a)The City Manager,or his authorized designee, may, grant atemporary 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,safety or welfare
of the public or the person requesting such variance and if one or more of the following
conditions are met:
(1)Compliance with this Plan cannot be technically accomplished during the duration of
the water supply shortage or other condition for which the Plan is in effect.
(2)Alternative methods can be implemented which will achieve the same level of
reduction in water use.
(b)Persons requesting an exemption from the provisions of this Articlewill file a petition for
variance with the City of Paris within ten(10)businessdays after the Plan or a particular
drought response stage has been invoked. All petitions for variances will be reviewed by the
City Manager,orhis authorizeddesignee, and will 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 petitioner
complies with this Ordinance.
(5)Description of the relief requested.
(6)Period of time for which the varianceis 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 will be subject to the following conditions, unless
waived or modified by the City Manageror designee:
(1)Variances granted will include a timetable for compliance.
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(2)Variances granted will expire when the Plan is no longer in effect, unless the petitioner
has failed to meet specified requirements.
(d)No variance will be retroactive or otherwise justify any violation of this Plan occurring prior
to the issuance of the variance.
DIVISION TWO –Water Conservation Plan
Sec. 34-162Water Conservation Plan
Water conservation is a strategy or combination of strategies for reducing the volume of
water withdrawn from a water supply source, reducing loss or waste of water, maintaining or
improving the efficiency of water use, increasingthe recycling and reuse of water, and preventing
the pollution of water.
Sec. 34-163Introduction
The City of Paris is located in Lamar County, Texas. The residential population was
twenty-five thousand one hundred seventy-one(25,171) in 2018. Currently the City of Paris serves
ten thousand thirty-four (10,034)connections. The City also provides water to two (2) wholesale
customers; Lamar County Water Supply District and Marvin-Jennings-Clardy Water Supply
Corporation.
The source of water for the City of Paris is 100% surface water from Pat Mayse Lake and
Lake Crook. The City maintains Certificates of Adjudication, Nos. 4640 and 4943, for water rights
from Pat Mayse Lake and Lake Crook totaling 37,000 acre-feet per year for municipal purposes
and 36,610 acre-feet per year for industrial purposes. The priority dates are November 5, 1964
and May 31, 1922 respectively.
Water is treated by the City’s water treatment plant originally built in 1967 and expanded
in 1995. The plant has a treatment capacity of 36 million gallons per day (MGD). The City hasa
total of14.5 million gallons of potable water storage capacity, with 4 million gallons of the total
capacity contained in elevated storage.
Industrial is the primary retail water use for the City. In 2018, nearly seventy-eight (78)
percentof retail water metered was for industrial use. Single-family residential use accounted for
ten (10) percent, commercialuse was four(4) percent, agricultural use was four (4) percent, multi-
family use was two (2) percent,and institutionaluse wasone (1) percent of water use in 2018.
Sec. 34-164Utility Profile
The Certificate of Convenience and Necessity No. for the City of Paris is 10480; The Public
Water Supply No. is 1390002; The Texas Water Development Board Regional Water Planning
Group is Region D; The utility is located in Lamar County, Texas; The servicearea covers 38.12
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square miles; Pat Mayse Lake and Lake Crook are the water sources; Pumping capacity is 42
MGD; Treatment capacity is 36 MGD; Storage capacity is 14.5 million gallons; Wastewater
treatment capacity is 7.25 MGD; Annual water reuse volume is between 5 and 17 million gallons.
A completed Utility Profile for Retail Water Suppliers that includes information regarding
population and customer data, water use data, water supply system data, and wastewater system
data for the City of Paris will besubmitted with this Plan to the Texas Commission on
Environmental Quality and the Texas Water Development Board.
Sec. 34-165Water Conservation Goals
Due to the level of industrial use of water in the city, the total gallons per customer per day
(GPCD)metric is disproportionate and largely not influenced by residential water use. The level
of industrial use is independent of population, climate and behavioral factors and instead based
primarily upon the economic drivers of the individual industries. Asa result, meaningful five (5)
and ten (10) year conservation goals for total GPCD are not practical to obtain and are solely
dependent upon industrial demands. The total GPCD for the City in 2018 was four hundred ninety-
nine (499).
Residential use from 2014 to2018 averaged fifty-one (51) GPCD, a value that is well below the
residential GPCDs of most public water suppliers in the state. The goals for the City are based
upon guidance from the State of Texas Water Conservation Implementation Task force of 2004,
which suggested a 0.5% reduction in usage per year. The City’s five (5) year goals are four
hundred forty-three (443) for total GPCD and fifty (50) for residential GPCD. The City’s ten (10)
year goals are four hundred thirty-two (432) for total GPCD and forty-nine (49) for residential
GPCD.
Sec. 34-166Water Conservation Public Education
The City of Paris conducts ongoing public and wholesale customer education through
periodic distribution of water conservation brochures and information; providing water
conservation brochures and materials at the Department of Utilities administration office and other
public places; informational presentations conducted by City staff to local organizations, schools
and civic groups; providing information to localmedia outlets, e.g. the local newspaper, television
and radio outlets; posting water conservation information on the City website; and providing water
conservation information to applicants for new service.
Sec. 34-167Metering Devices
The City of Parismeters 100% of water used for residential, industrial, commercial and
institutional accounts. Meters are tested upon customer request and in conjunction with the City’s
meter testing, repair and replacement program master meters are tested and calibratedannually to
within an accuracy of plus or minus 5%; meters larger than 3” are tested and calibrated annually
in accordance with AWWA standards; meters are routinely replaced based upon the age of the
meter or abnormally high or low water usage readings; all new meters are touch read or automatic
reading; inactive accounts are identified on a monthly basis and are inspected periodically for
illegal connections; abandoned meters are removed.
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Sec. 34-168Water Loss
The City of Paris maintains an active program for leak detection and repair. Currently
water loss for the City is calculated to be five percent (5%). The City’s 5 and 10-year goals are to
maintain water loss at five percent (5%)or less.
A periodic internal water audit measures water loss by comparing water volumes sold to
metered water diversion. Any abnormalities are investigated by Department of Utilities personnel
using leak detection equipment. Water lines determined to have leaks are either replaced or
repaired as quickly as practicalby City crews or, if necessary, by licensed private contractors.
In 2012,the City repaired 475 leaks; 6 production meters were tested; 10 meters larger than
one and one-half inches (1.5”)were replaced; and 431 meters smaller than one and one-half inches
(1.5”) were replaced as part of the ongoing leak detection and repair program and to aid in the
reduction of water loss.
Elevated and ground storage facilities are monitored by the water treatment plant SCADA
system capable of alerting personnel to changes ofwater levels in the storage tanks, which would
indicate possible breaks in a water main, tank overflows, and/or other abnormalities in the
distribution system.
Visual inspections are performed routinelyby meter readers and Utilities staff. When
meter readings are obtained that indicate unusually high water usage City personnel investigate
the cause of the excessive usage and, if necessary, alert the customer of potential plumbing issues,
e.g. plumbing fixture leaks.
Sec. 34-169Water Rates
The City of Paris has a uniform rate structure. The City contracts with a rate consultant to
perform an annual rate study to maintain cost-based rates. Demand charges discourage the
excessive use of water
Sec. 34-170Cross Connection Control
The City of Paris maintains a cross connection control program, as required by the State of
Texas. Risk of backflow is reduced when steps are taken to ensure that system pressures are
maintained during periods of emergencyrepairs and also through periodic Customer Service
Inspections for cross connections. Facilities and structures identified as high hazards to public
health are required to install backflow prevention devices to prevent back siphonage of non-potable
watercaused by loss of pressure in water lines. Examples of potential cross connections include
hose bibs, toilet float valves, swimming pools, water features, and irrigation sprinkler systems.
Sec. 34-171Plumbing Fixtures
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In accordance with the plumbing codes approved for Texas the City of Paris has adopted
the internationalplumbing code, all new construction must comply with the code by using water
saving plumbing fixtures. In addition, the State of Texas has recently adopted more stringent water
saving performance measures for plumbing fixtures, which may be reviewed in the Texas Health
and Safety Code Chapter 372. The following maximum flow standards are listed in the Texas
Administrative Code, Title 30, Chapter 290, Sub-chapter G: faucets –2.2 gallons per minute
(gpm); shower heads –2.5 gpm; pre-rinse spray valves –1.6 gpm; toilets –1.28 gallons per flush
(gpf); urinals –0.5 gpf.
Service taps will not be given to customers that do not meet the City’s requirements for
service, including compliance with the adopted plumbing code requirement of installing water
conserving plumbing fixtures. The City of Paris,Building Code Inspection divisioninspects all
new and repaired plumbing within the city limits. Certificates of Occupancy and permanent water
service are not granted to facilities that fail to meet all requirements.
Customers in existing buildings that do not have water saving plumbing fixtures are
provided educational materials and encouraged to retrofit their old plumbing fixtures with lower
gpm and gpf standards. Increasing numbers of water efficient clothes and dish washing machines
are available, providing the same performance while using less water. A water efficient home can
save as much as twenty percent (20%)or more of water through the use of water saving plumbing
fixtures.
Sec. 34-172Water Waste
The wasting of water is discouraged at all times, and prohibited during activation of the
City’s droughtcontingencyplan. Water waste is defined as failure to repair controllable leaks to
irrigation systems, plumbing fixtures, and pipes; operating an irrigation system with a broken or
missing head, or a head that is out of adjustment; and during landscape irrigation allowing water
to pond or runoff of the property due to over watering, and watering between the hours of 10:00
a.m. and 6:00 p.m.
Sec. 34-173Discretionary and Non-Essential Uses
Examples of discretionary and non-essential uses are washing down hard-surfaced areas or
structures, (e.g. vehicles, sidewalks, patios); using water for landscape irrigation; using water for
dust control; using water in a fountain, pool, or water feature.
Sec. 34-174Wholesale Contracts
The City of Paris will include in everywholesale water supply contractentered into or
renewed after official adoption of the Plan and including any contract extension the requirement
that each successive wholesale customer develop and implement a water conservation plan or
water conservation measures using the applicable elements of this chapter. If the customer intends
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to resell the water, the contract between the initial supplier and customer must provide that the
contract for the resale of water must have water conservation requirements sothat each successive
customer in the resale of the water will be required to implement water conservation measures in
accordance with the provisions of 30 TAC Chapter 288.”
Section 3.That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending under
or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty
accruing or to accrue, or as affecting any rights of the municipality under any section or provisions
of any ordinance at the time of passage of this ordinance.
Section 4.That it is the intention of the City Council of the City of Paris, Texas that
this ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity
of any other portion of this ordinance.
Section 5.That any person violating any provision of this ordinance shall be guilty of
a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of
Sec. 1–6 of Chapter One of the City of Paris Code of Ordinances, and each and every day’s
continuance of any violation of the above-enumerated sections shall constitute and be deemed a
separate offense.
Section 6.That this ordinance shall become effective from and after its passage of the
reading and publication as required by law.
PASSED AND ADOPTED on reading this 8thday of April, 2019.
______________________________
Steven J Clifford,M.D., Mayor
ATTEST:
_______________________________
Janice Ellis, City Clerk
APPROVED AS TO FORM:
_______________________________
Stephanie H. Harris, City Attorney
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