22-Deliberate and act on an ordinance adopting a revised Drought Contingency PlanCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
10/23/09
Doug Harris,
Council Date:
Utilities
Director of Utilities
22.
12/ 14/09
RECOMMENDED MOTION:
Second reading - Move to approve an ordinance adopting a revised Drought Contingency Plan
PoLiCY IssuE(s):
Regulatory requirement; Water management
BACKGROUND:
The Texas Commission on Environmental Quality (TCEQ) requires that each retail and wholesale
public water supplier maintain a Drought Contingency Plan. The City's initial Drought Contingency
Plan was adopted in 2000 (ordinance no. 2000-08) and revised in 2005 (ordinance no. 2005-13). TCEQ
also requires that Drought Contingency Plans be updated on a five (5) year frequency.
The Texas Commission on Environmental Quality has reviewed the City of Paris Drought Contingency
Plan and provided approval for adoption by City ordinance. The next revision will be due by 2014.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance and Drought Contingency Plan
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
yTD Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Libraty ❑ Police ❑ Eng./Public Works Z Utilities
City of Paris Revised 2/04/08
ORDINANCE 1V0.
AN ORDINAIVCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ADOPTING A REVISED DROUGHT C0111TI11iGE11iCY PLA111; ESTABLISHING
CRITERIA FOR THE INITIATION A1VD TERMINATION OF DROUGHT RESPONSE
STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES;
ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR
ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR
GRANTI11iG VARIANCES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING A1V
EFFECTIVE DATE.
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;
WHEREAS, the City recognizes that natural limitations due to drought conditions and other
acts of God cannot guarantee an uninterrupted water supply for all purposes;
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
a drought contingency plan; and
WHEREAS, the City of Paris' Drought Contingency Plan has not been updated since 2005;
and,
WHEREAS, following public hearing and opportunity for public comment on the Drought
Contingency Plan, this plan was brought forward for City Council approval; and,
WHEREAS, as authorized under law, and in the best interests of the cirizens of Paris, Texas,
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 of limited water supplies during drought and
other water supply emergencies, in the form of a drought contingency plan for both retail and
wholesale water customers, as the same are defined herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUIVCIL 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. That Article IV, entitled "Drought Contingency Plan for Retail Water Customers,"
of Chapter 34 of the Code of Ordinances of the City of Paris, Texas be, and hereby is amended to
read as follows:
"Article IV. Drought Contingency Plan for Retail Water Customers
"Sec. 34-150. Declaration of Policy, Purpose, and Intent
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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 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 non-essential and continuation of such uses during times
of water shortage or other emergency water supply condition are deemed to
constitute a waste of water which subjects the offender(s) to penalties as defined in
Section 34-160 of this Article.
"Sec. 34-151 Public 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 of public meetings for
input on the Plan.
"Sec. 34-152 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 and utility bill inserts.
"Sec. 34-153 Coordination 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 shall provide a copy of this Plan to
the Northeast Texas Region D Water Planning Group.
"Sec.34-154 Authorization
The City Manager of the City of Paris, or his authorized designee, is hereby
authorized and directed to implement the applicable provisions of this Plan upon
determination that such implementation is necessary to protect public health,
safety, and welfare. The City Manager, or his authorized designee, shall have the
authority to initiate or terminate drought or other water supply emergency
response measures as described in this Plan.
"Sec.34-155 Application
The provisions of this Article shall apply to all retail water customers utilizing
water provided by the City of Paris.
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"Sec.34-156 Definitions
For the purposes of this Plan, 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 person, company, or organization using water supplied by 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.
(o Even number address. Street addresses, county or farm road addresses or box
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) Gandscape 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 landscape areas, including parks, athletic fields, and golf
courses, except as 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 fire fighting.
(j) Odd numbered address. Street addresses, county or farm road addresses, or box
numbers ending in 1, 3, 5, 7, or 9.
(k) Person. A term including individuals, corporations, partnerships, associations,
companies, organizations, or other legal entity.
(1) 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.
"Sec. 34-157 Criteria for Initiation and Termination of Drought Response
Stages
General
The City Manager or his authorized 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 described below are based on an analysis of 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.
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 Water Shortage Condirions
(1) Requirements for initiation - Retail water customers shall be
requested to voluntarily conserve water and adhere to the
prescribed restrictions on certain non-essential water uses, defined
in Section 34-156 of 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 total daily water demand equals or exceeds thirty (30)
million gallons for seven (7) consecutive days or thirty-six
million gallons for three (3) consecutive days; or
c. Continually falling treated water reservoir levels which do not
refill above seventy percent (70%) 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.
(c) Stage 2 Triggers - Moderate Water Shortage Conditions
(1) Requirements for initiation - Retail water customers shall be
required to comply with the requirements and restrictions on
certain non-essential water uses provided in Section 34-156 of 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 fourteen 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 sixty percent (60) 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. Upon termination of Stage 2, Stage 1 becomes operative.
(d) Stage 3 Triggers - Severe Water Shortage Conditions
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(1) Requirements for initiation - Retail water customers shall be
required to comply with the requirements and restrictions on
certain non-essential water uses provided in Section 34-156 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 twenty-one 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 fifty percent (50%) 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. Upon terminarion of Stage 3, Stage 2 becomes operative.
(e) Stage 4 Triggers - Critical Water Shortage Conditions
(1) Requirements for initiation - Retail water customers shall be
required to comply with the requirements and restrictions on
certain non-essential water uses provided in Section 34-156 of this
Article 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%) of the 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
exceeds thirty-six (36) million gallons for nine (9) consecutive
days; or
c. Continually falling treated water reservoir levels which do not
refill above forty percent (40%) 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. Upon termination of Stage 4, Stage 3 becomes operative.
(o Stage 5 Triggers - Emergency Water Shortage Conditions
(1) Requirements for initiation - Retail water customers shall be
required to comply with the requirements and restrictions on
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certain non-essential water uses provided in Section 34-156 of this
Article for Stage 5 when the City Manager, or his authorized
designee, determines that a water supply emergency exists based on:
a. Major water line breaks, 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 5 of the Plan may be rescinded
when all of the conditions listed as triggering events have ceased to
exist.
(g) Stage 6 Triggers - Water Allocation
(1) Requirements for initiation - Retail water customers shall be
required to comply with the water allocation plan prescribed in
Section 34-159 of this Article and comply with the requirements and
restrictions on certain non-essential water uses defined in Section
34-156 of this Article for Stage 6 of the 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
sources(s).
(2) Requirements for termination - Water allocation may be rescinded
when all of the conditions listed as triggering events have ceased to
exist.
"Sec. 34-158. Drought Response Stages
(a) General
The City Manager, or his authorized designee, will 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, crirical, emergency or water
shortage condition exists and shall implement the following notification
procedures:
(1) Notification of the Public - The City Manager or his authorized
designee will notify the public by means of publication in a
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newspaper of general circulation, public service announcements, and
signs posted in public places. The notice will also be posted on the
City's webpage.
(2) Additional Notification - The City Manager or his authorized
designee shall notify directly, or cause to be notified directly, the
following individuals and entities:
Mayor and members of the City Council
Fire Chief
City and County Emergency Management Coordinator(s)
County Judge & Commissioner(s)
Texas Commission on Environmental Quality (TCEQ)
Major water users
Critical water users, i.e. hospitals
(b) Stage 1 Response - Mild Water Shortage Conditions
(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 for
non-potable purposes, stringent operation of the Water Treatment
Plant concerning filter backwashing, and discontinuing all outside
wash-down activities.
(3) Voluntary Water Use Restrictions for Reducing Demand
a. Retail water customers are requested to voluntarily limit the
irrigation of landscaped areas to the following time periods for
customers with street addresses ending in an even number (0,
2, 4, 6 or 8) times for watering are Sundays and Thursday
mornings from midnight until 10:00 a.m. and evenings from
8:00 p.m. until midnight. For water customers with a street
address ending in an odd number (1, 3, 5, 7 or 9) times for
watering are Wednesday and Saturday mornings from
midnight until 10:00 a.m. and evenings from 8:00 p.m. until
midnight.
b. All operations of the City of Paris shall adhere to water use
restricrions 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.
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(c) Stage 2 Response - Moderate Water Shortage Conditions
(1) Target - Achieve a 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 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 shall apply
to all persons:
a. Irrigation of landscaped areas with hose-end sprinklers or
automatic irrigation systems shall be limited to the following
time periods: For customers with a street address ending in
an even number (0, 2, 4, 6 or 8) times for watering are Sunday
and Thursday mornings from midnight until 10:00 a.m. and
evenings from 8:00 p.m. until midnight. For water customers
with a street address ending in an odd number (1, 3, 5, 7 or 9)
times for watering are Wednesday and Saturday mornings
from midnight until 10:00 a.m. and evenings from 8:00 p.m.
until midnight. 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 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 rises. 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, hot tubs or Jacuzzi-type pools
is prohibited except on designated watering days between the
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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 recirculation system.
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. The following uses of water are defined as non-essential and
are prohibited:
(i) wash down of any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
(ii) use of water to wash down buildings or structures for
purposes other than immediate fire protection;
(iii) use of water for dust control;
(iv) flushing gutters or permitting water to run or accumulate
in any gutter or street; and
(v) failure to repair a controllable leak(s) within a
reasonable period after having been given notice
directing the repair of such leak(s).
(d) Stage 3 Response - Severe Water Shortage Conditions
(1) Target - Achieve a fifteen percent (15%) 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
10
Plant concerning filter backwashing, and discontinuing all outside
wash-down activities.
(3) Water Use Restrictions for Demand Reduction - all requirements of
Stage 2 will remain in effect during Stage 3 except as amended
below:
a. Irrigation of landscaped areas shall be limited to watering by
means of hand-held hoses, hand-held buckets, drip irrigation system
or soaker hoses. The use of hose-end sprinklers and automated
sprinkler systems is prohibited at all times. Irrigarion of landscaped
areas shall be limited to the following time periods for customers
with street addresses ending in an even number (0, 2, 4, 6 or 8)
times for watering are Sunday and Thursday mornings from
midnight until 10:00 a.m., and evenings from 8:00 p.m. until
midnight. For customers with street addresses ending in an odd
number (1, 3, 5, 7, or 9) times for watering are Wednesday and
Saturday mornings from midnight until 10:00 a.m. and evenings
from 8:00 p.m. until midnight.
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.
The use of water for construction purposes from designated
fire hydrants under special permit is to be discontinued.
(e)
Stage 4 Response - Critical Water Shortage Conditions
(1) Target - Achieve a twenty percent (20%) reduction 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 Reducing Demand - All requirements of
Stage 2 and 3 shall remain in effect during Stage 4 except as
amended below:
a. Irrigation of landscaped areas shall be limited to the following
time periods: for customers with street addresses ending in an
even number (0,2,4,6 or 8) times for watering are Sunday and
Thursday mornings from 6:00 a.m. until 10:00 a.m. and
evenings from 8:00 p.m. until midnight. For customers with
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street addresses ending in an odd number (1,3,5,7 or 9) times
for watering are Wednesday and Saturday mornings from 6:00
a.m. until 10:00 a.m. and evenings from 8:00 p.m. until
midnight. 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 permanently installed
automatic sprinkler systems are 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 p.m.
c. The filling, refilling, or adding of water to swimming pools,
wading pools, hot tubs and Jacuzzi-type pools is prohibited.
d. Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to
support aquatic life or where such fountains or ponds are
equipped with a recirculation system.
e. No application for new, additional, expanded, or increased-in-
size water service connections, meters, service lines, pipeline
extensions, mains, or water service facilities of any kind shall
be approved, and time limits for approval of such applications
are hereby suspended for such time as this drought response
stage or a higher-numbered stage shall be in effect.
(o Stage 5 Response - Emergency Water Shortage Conditions
(1) Target - Achieve a twenty-five (25) percent 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. 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 Reducing Demand. All requirements of
Stage 2, 3, and 4 shall remain in effect during Stage 5 except:
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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.
"Sec. 34-159. Water Allocation
In the event that water shortage conditions threaten public health, safety,
and welfare, the City Manager is hereby authorized to allocate 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 per Household
1or2
3 or 4
5or6
7or8
9or10
11 or more
Cubic Feet 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. It shall be assumed that a particular customer's
household is comprised of two (2) persons unless the customer notifies the
City of Paris of a greater number of persons per household on a form
prescribed by the City. The City shall give its best effort to see that such
forms are mailed, otherwise provided, or made available 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's website page or 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 at the time of applying for water service. When the number of
persons per household increases so as to place 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, or
his authorized 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 rimely notify
the City of Paris of a reduction in the number of person in a household shall
be fined in accordance with provisions of Sec. 1-6 of Chapter One of the City
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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.
Residential water customers shall pay the following surcharges for
water usage in excess of their allocation:
$0.50 for the first 100 cubic feet over allocation.
$0.75 for the second 100 cubic feet over allocation.
$1.00 for the third 100 cubic feet over allocation.
$1.25 for each additiona1100 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. It shall be assumed that such a customer's meter serves
two dwelling units unless the customer notifies the City of Paris of a greater
number on a form prescribed by the City. The City of Paris shall give its best
effort to see that such forms are mailed, otherwise provided, or made
available 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's web
page or to the 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 at the time of applying for water 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, or
his authorized 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 dwelling units served by a master meter or
fails to timely notify the City of Paris of a reduction in the number of person
in a household shall be fined not less than $25.00 nor more than $500.00.
Customers billed from a master meter under this provision shall pay the
following monthly surcharges:
$0.50for 100 cubic feet over allocation up through 100 cubic feet for
each dwelling unit.
$0.75thereafter, 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.
$1.25thereafter for each additional 100 cubic feet over allocation.
Surcharges shall be cumulative.
14
11 1, 6 ~
(c) Commercial Customers
A monthly water allocation shall be established by the City Manager or
his authorized designee, for each nonresidential commercial customer other
than an industrial customer who uses water for processing purposes. The
nonresidential customer's allocarion shall be approximately eighty-five
percent (85%) of the customer's usage for 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 give its
best effort to see that notice of each non-residential customer's allocation is
mailed to such customer. If, however, a customer does not receive such
notice, it shall be the customer's responsibility to contact the Water Billing
Office to determine the allocation. Upon request of the customer or at the
initiative of the City Manager, the allocation may be reduced or increased if,
(1) the designated period does not accurately reflect the customer's normal
water usage, (2) one nonresidential customer agrees to transfer part of its
allocation to another nonresidential customer, or (3) 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. Nonresidential
commercial customers shall pay the following surcharges:
Customers whose allocation is 200 cubic feet through 800 cubic feet per
month:
$0.50 per 100 cubic feet for the first 100 cubic feet over allocation.
$0.75 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.
$1.25per 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 5 percent (5%) above allocation.
1.3 times the block rate for each 100 cubic feet from 5 percent (5%)
through 10 percent (10%) above allocation.
1.4 times the block rate for each 100 cubic feet from 10 percent
(10%) through 15 percent (15%) above allocation.
1.5 times the block rate for each 100 cubic feet more than 15 percent
(15%) above allocation.
15
1 F15)
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 allocation shall be established by the City Manager, or his
authorized 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 use baseline will be
computed on the average water use 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
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 give its best effort to see that notice of
each industrial customer's allocation is mailed to such customer. If, however, a
customer does not receive such notice, it shall be the customer's responsibility to
contact the 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, the allocation may be
reduced or increased, (1) if the designated period does not accurately reflect the
customer's normal water use because the customer had shutdown a major
processing unit for repair or overhaul during the period, (2) the customer has added
or is in the process of adding significant additional processing capacity, (3) the
customer has shutdown or significantly reduced the production of a major
processing unit, (4) the customer has previously implemented significant
permanent water conservation measures such that the ability to further reduce
water use is limited, (5) the customer agrees to transfer part of its allocation to
another industrial customer, or (6) if 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 pay the following surcharges:
Customers whose allocation is 800 cubic feet through 1600 cubic feet
per month:
$0.50per 100 cubic feet for the first 100 cubic feet over allocation.
$0.75 per 100 cubic feet for the second 100 cubic feet over allocation.
$1.00per 100 cubic feet for the third 100 cubic feet over allocation.
$1.25per 100 cubic feet for each additional 100 cubic feet over
allocation.
Customers whose allocation is greater 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 allocarion.
16
I F F
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.
"Sec.34-160. 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 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 Manager, or his authorized 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 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. 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 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 that the same action 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 water customer of the 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 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.
17
`
(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 shall be prepared in duplicate
and shall contain the name and address of the alleged violator, if known, the offense
charged, and shall direct him/her to appear in the City of Paris Municipal Court on
the date shown on the citation for which the date shall not be less than 3 days nor
more than 5 days from the date the citarion was issued. The alleged violator shall be
served a copy of the citation. Service of the citation shall be complete upon delivery
of the citation to the alleged violator, to an agent or employee of a violator, or to a
person over 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 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 his/her arrest may
be issued. A summons to appear may be issued in lieu of an arrest warrant. These
cases shall be expedited and given preferential setting in Municipal Court before all
other cases.
"Sec.34-161 Variances
(a) The City Manager, or his authorized designee, may, in writing, grant a
temporary variance from the requirements of this ordinance to an existing water
customer if it is determined that failure to grant such variance would cause an
emergency condition adversely affecting the health, sanitation, or fire protection for
the public or the person requesting such variance and if one or more of the
following conditions are met:
(1) Compliance with this Plan cannot be technically accomplished during
the duration of the water supply shortage or other condition for which
the Plan is in effect.
(2) Alternative methods can be implemented which will achieve the same
level of reduction in water use.
(b) Persons requesting an exemption from the provisions of this Ordinance shall
file a petition for variance with the City of Paris within thirty (30) days after the Plan
or a particular drought response stage has been invoked. All petitions for variances
shall be reviewed by the City Manager, or his authorized designee, and shall 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
requesring 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.
18
-16 8
(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, or his authorized
designee:
(1) Variances granted shall include a timetable for compliance;
(2) Variances granted shall expire when the Plan is no longer in
effect, unless the petitioner has failed to meet specified
requirements.
(d) No variance shall be retroactive or otherwise justify any violation of this
Plan occurring prior to the issuance of the variance.
"Sec. 34-162Contracted 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 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."
Section 3. That Article V, entitled "Drought Contingency Plan for Wholesale Water
Customers," of Chapter 34 of the Code of Ordinances of the City of Paris, Texas, is hereby
amended in its entirety 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/or 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 for wholesale water customers (the Plan).
19
~6q
"Sec. 34-171. Public 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 of public meetings for
input on the Plan.
"Sec. 34-172. Wholesale Water Customer Education
The City of Paris will periodically provide wholesale water customers 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 providing a copy of the Plan to wholesale water customers.
"Sec. 34-173. Coordination 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 shall provide a copy of this Plan to
the Northeast Texas Region D Water Planning Group.
"Sec.34-174 Authorization
The City Manager of the City of Paris, or his authorized designee, is hereby
authorized and directed to implement the applicable provisions of this Plan upon
determination that such implementation is necessary to protect public health,
safety, and welfare. The City Manager, or his authorized designee, shall have the
authority to initiate or terminate drought or other water supply emergency
response measures as described in this Plan.
"Sec.34-175 Application
The provisions of this Article shall apply to all wholesale water customers
utilizing water provided by the City of Paris.
"Sec.34-176 Definitions
For the purposes of this 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.
20
I -I (D
(b) Person. A term including individuals, corporations, partnerships,
associations, companies, organizations, or other legal entities.
"Sec. 34-177Triggering Criteria for Initiation and Termination
of Drought Response Stages
(a) General
The City Manager, or his authorized designee, will monitor water supply
and/or demand conditions on a monthly 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 electronic
mail, regular mail or telephone. 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
(1) 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; or
b. Total daily water demand equals or exceeds thirty (30) million
gallons for seven (7) days or thirty-six (36) million gallons for
three consecutive days; or
c. 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 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 1 of the Plan.
(c) Stage 2- Moderate Water Shortage Conditions
(1) Requirements for initiation - The City of Paris will recognize that a
moderate water shortage condition exists when:
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
21
~ .
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 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:
a. The water supply available to the City of Paris is equal to or less
than sixty percent (60%) of the conservarion pool at Pat Mayse
Lake; or
b. Total daily water demand equals or exceeds thirty-four (34)
million gallons for twenty-one consecutive days or thirty-six (36)
million gallons for nine (9) consecutive days; or
c. Continually falling treated water reservoir levels which do no
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 of
the Plan.
(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:
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).
22
h;
(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. The City of Paris will notify its wholesale customers and the
media of the termination of Stage 4.
"Sec. 34-178Drought Response Stages
(a) General
The City Manager, or his authorized designee, will monitor water supply
and/or demand conditions and, in accordance with the triggering criteria set forth
in Section 34-177 of this Article, shall determine that mild, moderate, severe, or
emergency water shortage conditions exist and will implement the following
actions:
(b) Stage 1- Mild Water Shortage Conditions
(1) Target: Achieve a voluntary five percent (5%) reduction in daily water
demand.
(2) Best Management Practices for Supply Management:
Measures to be implemented directly by 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) Water Use Restrictions for Reducing Demand:
a. The City Manager, or his authorized designee(s), will contact
wholesale water customers to discuss water supply and/or
demand conditions and will request that wholesale water
customers initiate voluntary measures to reduce water use (e.g.,
implement Stage 1 of the customer's drought contingency plan).
b. The City Manager, or his authorized designee(s), will provide
regular reports to the news media and updates to the City's
website with information regarding current water supply and/or
demand conditions, projected water supply and demand
conditions if drought conditions persist, and consumer
information on water conservation measures and practices.
(c) Stage 2- Moderate Water Shortage Conditions
(1) Target: Achieve a ten percent (10%) reduction in daily water demand.
(2) Best Management Practices for Supply Management:
23
Measures to be implemented directly by 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) Water Use Restrictions for Reducing Demand:
a. The City Manager, or his authorized designee(s), will initiate
weekly contact with wholesale water customers to discuss water
supply and/or demand conditions and the possibility of pro rata
curtailment of water diversions and/or deliveries.
b. The City Manager, or his authorized 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, or his authorized designee(s), will initiate
preparations for the implementation of pro rata curtailment of
water diversions and/or deliveries by preparing a monthly
water usage allocation baseline for each wholesale customer
according to the procedures specified in Section 34-179 of this
Article.
d. The Ciry Manager, or his authorized designee(s), will provide a
weekly report to news media with information regarding current
water supply and/or demand conditions, projected water supply
and demand conditions if drought conditions persist, and
consumer information on water conservation measures and
practices.
(d) Stage 3- Severe Water Shortage Conditions
(1) Target: Achieve a fifteen percent (15%) reduction in daily water
demand.
(2) Best Management Practices for Supply Management:
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.
24
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(3) Water Use Restrictions for Reducing Demand:
a. The City Manager, or his authorized designee(s), will contact
wholesale water customers to discuss water supply and/or
demand conditions and will request that wholesale water
customers initiate additional mandatory measures to reduce
non-essential water use (e.g., implement Stage 3 of the
customer's drought contingency plan).
b. The City Manager, or his authorized designee(s), will initiate pro
rata curtailment of water diversions and/or deliveries for each
wholesale customer according to the procedures specified in
Section 34-179 of this Article.
c. The City Manager, or his authorized designee(s), will provide a
weekly report to news media with information regarding current
water supply and/or demand conditions, projected water supply
and demand conditions if drought conditions persist, and
consumer information on water conservation measures and
practices.
(e) Stage 4- Emergency Water Shortage Conditions
Whenever emergency water shortage conditions exist as defined in Section
34-177 (e) of this Article, the City Manager, or his authorized designee(s), shall:
(1) Assess the severity of the problem and identify the actions needed and
time required to solve the problem.
(2) Inform the 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/or state emergency
response officials for assistance.
(4) Undertake necessary actions, including repairs and/or cleanup as
needed.
(5) Prepare a post-event assessment report on the incident and critique of
emergency response procedures and actions.
"Sec. 34-179 Pro Rata Water Allocation
In the event that the triggering criteria specified in Section 34-177 of this
Article for Stage 3- Severe Water Shortage Conditions have been met, City Manager,
or his authorized designee, is hereby authorized to initiate allocation of water
25
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, or his
authorized designee, of the severity of the water shortage condition and the need to
curtail water diversions and deliveries and may be adjusted periodically by
resolution of the 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, or his
authorized 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, or his authorized 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
Commission on Environmental Quality upon initiation of pro rata water allocation.
(d) Upon request of the customer or at the initiative of the City Manager, the
allocation may be reduced or increased if (1) 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.34-180 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/or 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/or deliveries in excess of the monthly allocation from five percent (5%)
through ten percent (10%) above the monthly allocation.
26
(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 allocarion.
The above surcharges shall be cumulative.
"Sec. 34-181 Variances
(a) The City Manager, or his authorized designee, may, in writing, grant a
temporary variance to the pro rata water allocation policies provided by this Plan if
it is determined that failure to grant such variance would cause an emergency
condition adversely affecting the public health, welfare, or safety and if one or more
of the following conditions are met:
(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 Plan shall file a
petition for variance with the City Manager, or his authorized designee, within 5
days after pro rata allocation has been invoked. All petitions for variances shall be
reviewed by the City Manager 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 Ordinance.
(3) Description of the relief requested.
(4) Period of time for which the variance is sought.
(5) Alternative measures the petitioner is taking or proposes to take to
meet the intent of this Plan 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 or his authorized
designee:
z7
(1) Variances granted will include a timetable for compliance.
(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 shall be retroactive or otherwise justify any violation of this Plan
occurring prior to the issuance of the variance.
"Sec. 34-182. 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 of
Paris thereunder to supply water under the terms of said contracts to retail or
wholesale purchasers. This Secrion 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."
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. 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 6. That it is the intention of the City Council of the City of Paris 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 7. 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 B. Introduced and read on first reading on November 9, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
December 14, 2009, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
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"V- ..178
Section 9. That this ordinance shall become effective from and after its passage of the
second reading and publication as required by law.
PASSED A1VD ADOPTED on second and final reading this 14th day of December,
2009.
Jesse james Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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