08-A Drought Contingency Plan
DRAFT
F:ALICE\ORDWORK\CURRENT\ Drought Contingency Plan - Revised
March 29, 2005
ORDINANCE NO.
AN 0 RD IN AN CE 0 F THE CITY 0 F PARIS, PARIS, TEXAS,
ADOPTING A REVISED DROUGHT CONTINGENCY PLAN;
EST ABLISHING CRITERIA FOR THE INITIATION AND
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 GRANTING VARIANCES; AND
PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Paris, Texas recognizes that the amount of water available
to the City and its water utility customers is limited and subject to depletion during periods of
extended drought;
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, as authorized under law, and in the best interests of the citizens 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 COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That there is hereby adopted to Chapter 34 of the Code of Ordinances of the City
of Paris, Paris, Texas, a revised Article IV, entitled "Drought Contingency Plan for Retail Water
Customers," the aforesaid Article N to read as follows:
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"Article IV. Drought Contingency Plan for Retail Water Customers
"Sec. 34-150. Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of
water supply facilities, 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/her designee, is hereby
authorized and directed to implement the applicable provisions of this Plan upon
determination that such implementation is necessary to protect public health, safety,
and welfare. The City Manager, or his/her designee, shall have the authority to
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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.
"Sec. 34-156
Defmitions
F or the purposes of this Plan, the following defmitions 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.
(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 not essential nor required for the
protection of public, health, safety, and welfare, including:
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(1)
irrigation of landscape areas, including 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 fire fighting.
G) Odd numbered address. Street addresses, box numbers, or rural postal route
numbers ending in 1, 3, 5, 7, or 9.
(k) Person. A term including individuals, corporations, partnerships, associations,
companies, organizations, or other legal entity.
(I) Retail Water Customer. A water customer of the City of Paris (as that person is
defmed 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
Stages
(a)
Criteria for Initiation and Termination of Drought Response
General
The City Manager or his/her designee shall monitor water supply and/or
demand conditions on a monthly basis and shall determine when conditions warrant
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initiation or termination of each stage of the Plan, that is, when the specified
"triggers" are reached.
The triggering criteria described below are based on an analysis of previous
rainfall data, lake capacities and historical drought conditions, and information from
the Drought Contingency Plan for Pat Mayse Lake as prepared by the Department of
the Army, Tulsa District of the Corps of Engineers.
Levels in Lake Crook and Pat Mayse Lake are electronically monitored by the
USGS and Corps of Engineers, respectively.
(b)
Stage 1 Triggers - Mild Water Shortage Conditions
(1)
Requirements for initiation - Retail water customers shall be requested to
voluntarily conserve water and adhere to the prescribed restrictions on
certain water uses, defmed in Section 34-156 of this Article for Stage 1
when anyone of the following triggering events exists:
a.
When the water supply available to the City of Paris is equal to or
less than eighty percent (80%) of the Conservation pool in Pat
Mayse Lake and Lake Crook combined; or
b.
When, pursuant to requirements specified in the City of Paris'
wholesale water purchase contracts, notification is received
requesting initiation of Stage 1 of the Drought Contingency Plan;
or
c.
When total daily water demand equals or exceeds thirty (30)
million gallons for seven (7) consecutive days or thirty-six million
gallons for three (3) consecutive days; or
d.
Continually falling treated water reservoir levels which do not refill
above eighty percent (80%) overnight.
(2) Requirements for termination - Stage 1 of the Plan may be rescinded
when all of the conditions listed as triggering events have ceased to exist
for a period of seven (7) consecutive days.
(c)
Stage 2 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
anyone of the following triggering events exists:
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(d)
a.
When the water supply available to the City of Paris is equal to or
less than seventy percent (70%) of the Conservation pool in Pat
Mayse Lake and Lake Crook combined; or
b.
When, pursuant to requirements specified in the City of Paris'
wholesale water purchase contracts, notification is received
requesting initiation of Stage 2 of the Drought Contingency Plan;
or
c.
When total daily water demand equals or exceeds thirty-two (32)
million gallons for fourteen consecutive days or thirty-six (36)
million gallons for six (6) consecutive days; or
d.
Continually falling treated water reservoir levels which do not refill
above seventy percent (70%) overnight.
(2)
Requirements for termination - Stage 2 of the Plan may be rescinded
when all of the conditions listed as triggering events have ceased to exist
for a period of 14 consecutive days. Upon termination of Stage 2, Stage
1 becomes operative.
Stage 3 Triggers - Severe 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 3 when
anyone of the following triggering events exists:
a.
When the water supply available to the City of Paris is equal to or
less than sixty percent (60%) of the Conservation pool in Pat
Mayse Lake and Lake Crook combined; or
b.
When, pursuant to requirements specified in the City of Paris'
wholesale water purchase contracts, notification is received
requesting initiation of Stage 3 of the Drought Contingency Plan;
or
c.
When total daily water demand equals or exceeds thirty-four (34)
million gallons for twenty-one consecutive days or thirty-six (36)
million gallons for nine (9) consecutive days; or
d.
Continually falling treated water reservoir levels which do not refill
above sixty percent (60%) overnight.
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(e)
(f)
(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.
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
anyone of the following triggering events exists:
a.
When the water supply available to the City of Paris is equal to or
less than fifty percent (50%) of the Conservation pool in Pat Mayse
Lake and Lake Crook combined; or
b.
When, pursuant to requirements specified in the City of Paris'
wholesale water purchase contracts, notification is received
requesting initiation of Stage 4 of the Drought Contingency Plan;
or
c.
When total daily water demand equals or exceeds thirty-five (35)
million gallons for twenty-one (21) consecutive days or exceeds
thirty-six (36) million gallons for nine (9) consecutive days; or
d.
Continually falling treated water reservoir levels which do not refill
above fifty percent (50%) overnight.
(2)
Requirements for termination - Stage 4 of the Plan may be rescinded
when all of the conditions listed as triggering events have ceased to exist
for a period of twenty-one (21) consecutive days. Upon termination of
Stage 4, Stage 3 becomes operative.
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 certain non-essential
water uses provided in Section 34-156 of this Article for Stage 5 when
the City Manager, or his/her 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).
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(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
water uses defmed in Section 34-156 of the Article for Stage 5 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/her designee, shall monitor water supply and/or
demand conditions on a daily basis and, in accordance with the triggering criteria set
forth in Section 34-157 of this Article, shall determine that a mild, moderate, severe,
critical, emergency or water shortage condition exists and shall implement the
following notification procedures:
(1) Notification of the Public - The City Manager or his/ her designee
shall notify the public by means of publication in a newspaper of
general circulation, public service announcements, and signs posted in
public places.
(2)
Additional Notification - The City Manager or his/her 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)
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(b)
(c)
Major water users
Critical water users, Le. hospitals
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 Sundays and Thursdays for
customers with a street address ending in an even number (0, 2, 4, 6
or 8), and Saturdays and Wednesdays for water customers with a
street address ending in an odd number (1, 3, 5, 7 or 9), and to
irrigate landscapes only between the hours of midnight and 10:00
a.m. and 8:00 p.m. to midnight on designated watering days.
b.
All operations of the City of Paris shall adhere to water use
restrictions prescribed for Stage 2 of the Plan.
Retail water customers are requested to practice water conservation
and to minimize or discontinue water use for non-essential
purposes.
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.
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(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 Sundays and
Thursdays for customers with a street address ending in an even
number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water
customers with a street address ending in an odd number (1, 3, 5, 7
or 9), and irrigation of landscaped areas is further limited to the
hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m.
and 12:00 midnight on designated watering days. However,
irrigation of landscaped areas is permitted at 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, or Jacuzzi-type pools is prohibited
except on designated watering days between the hours of 12:00
midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight.
d.
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support
aquatic life or where such fountains or ponds are equipped with a
recirculation system.
e.
Use of water from hydrants shall be limited to fife 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.
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(d)
f.
Use of water for the irrigation of golf course greens, tees, and
fairways is prohibited except on designated watering days between
the hours 12:00 midnight and 10:00 a.m. and between 8 p.m. and
12:00 midnight. However, if the golf course utilizes a water source
other than that provided by the City of Paris, the facility shall not
be subject to these regulations.
g.
All restaurants are prohibited from serving water to patrons except
upon request of the patron.
h.
The following uses of water are defined as non-essential and are
prohibited:
(i)
wash down of any sidewalks, walkways, driveways, parking
lots, tennis courts, or other hard-surfaced areas;
(ii) use of water to wash down buildings or structures for
purposes other than immediate fife 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).
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 Plant
concerning filter backwashing, and discontinuing all outside wash-
down activities.
(3)
Water Use Restrictions for Demand Reduction - all requirements of
Stage 2 shall remain in effect during Stage 3 except:
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(e)
a.
Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 12:00 midnight and 10:00 a.m.
and between 8 p.m. and 12:00 midnight and shall be by means of
hand-held hoses, hand-held buckets, drip irrigation, or
permanently installed automatic sprinkler system only. The use of
hose-end sprinklers is prohibited at all times.
b.
The watering of golf course tees is prohibited unless the golf course
utilizes a water source other than that provided by the City of Paris.
c.
The use of water for construction purposes from designated fITe
hydrants under special permit is to be discontinued.
Stage 4 Response - Critical Water Shortage Conditions
(1)
(2)
Target - Achieve a twenty percent (20%) reduction daily water demand.
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:
a.
Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 6:00 a.m. and 10:00 a.m. and
between 8:00 p.m. and 12:00 midnight and shall be by means of
hand-held hoses, hand-held buckets, or drip irrigation only. The
use of hose-end sprinklers or permanently installed automatic
sprinkler systems 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.
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c.
The filling, refilling, or adding of water to swimming pools,
wading pools, and Jacuzzi-type pools is prohibited.
d.
Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support
aquatic life or where such fountains or ponds are equipped with a
recirculation system.
e.
No application for new, additional, expanded, or increased-in-size
water service connections, meters, service lines, pipeline
extensions, mains, or water service facilities of any kind shall be
approved, and time limits for approval of such applications are
hereby suspended for such time as this drought response stage or a
higher-numbered stage shall be in effect.
(f)
Stage 5 Response - Emergency Water Shortage Conditions
(1)
(2)
(3)
Target - Achieve a twenty-five (25) percent reduction in daily water
demand.
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.
Water Use Restrictions for Reducing Demand. All requirements of
Stage 2, 3, and 4 shall remain in effect during Stage 5 except:
a.
Irrigation of landscaped areas is absolutely prohibited.
b.
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is absolutely prohibited.
"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
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The allocation to residential water customers residing in a single- family
dwelling shall be as follows:
Persons per Household
Cubic Feet per Month
1 or 2
3 or4
5 or6
7 or8
9 or 10
11 or more
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 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/her
designee, shall adopt methods to insure the accuracy of the claim. Any person who
knowingly, recklessly, or with criminal negligence falsely reports the number of
persons in a household or fails to timely notify the City of Paris of a reduction in the
number of person in a hou~ehold shall be fined not less than $25.00 nor more than
$500.00.
Residential water customers shall pay the following surcharges:
$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 additional 100 cubic feet over allocation.
Surcharges shall be cumulative.
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(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 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/her 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 fmed 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 1 00 cubic feet for each dwelling unit.
$1.00thereafter, for each additional 1 00 cubic feet over allocation up through a
third 100 cubic feet for each dwelling unit.
$1.25 thereafter for each additional 100 cubic feet over allocation.
Surcharges shall be cumulative.
(c)
Commercial Customers
A monthly water allocation shall be established by the City Manager or hislher
designee, for each nonresidential commercial customer other than an industrial
customer who uses water for processing purposes. The nonresidential customer's
allocation 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
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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:
$0.50per 100 cubic feet for the first 100 cubic feet over allocation.
$0.75per 100 cubic feet for the second 100 cubic feet over allocation.
$1.00per 100 cubic feet for the third 100 cubic feet over allocation.
$1.25 per 100 cubic feet for each additional 1 00 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.
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/her
designee, for each industrial customer, which uses water for processing purposes.
The industrial customer's allocation shall be approximately ninety percent (90%) of
the customer's water usage baseline. Ninety (90) days after the initial imposition of
the allocation for industrial customers, the industrial customer's allocation shall be
further reduced to eighty-five percent (85%) of the customer's water usage baseline.
The industrial customer's water 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
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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.
$0.75per 100 cubic feet for the second 100 cubic feet over allocation.
$1.00per 100 cubic feet for the third 100 cubic feet over allocation.
$1.25 per 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 allocation.
1.3 times the block rate for each 100 cubic feet from five percent (5%)
through ten percent (10%) above allocation.
1.4 times the block rate for each 100 cubic feet from ten percent (10%)
through fifteen percent (15%) above allocation.
1.5 times the block rate for each 100 cubic feet more than fifteen percent
(15%) above allocation.
The surcharges shall be cumulative. As used herein, "block rate" means the
charge to the customer per 100 cubic feet at the regular water rate schedule at the
level of the customer's allocation.
"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
-17-
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 hislher designee, in accordance with
provisions of this Plan.
(b) Any person who violates this Article is guilty of a misdemeanor and, upon
conviction shall be punished by a fine of not less than twenty-five dollars ($25.00)
and not more than five hundred dollars ($500.00). Each day that one or more of the
provisions in this Article is violated shall constitute 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.
(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 citation was issued. The alleged violator shall be
served a copy of the citation. Service of the citation shall be complete upon delivery
of the citation to the alleged violator, to an agent or employee of a violator, or to a
person over 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
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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/her designee, may, in writing, grant temporary
variance for existing water uses otherwise prohibited under this Plan if it is
determined that failure to grant such variance would cause an emergency condition
adversely affecting the health, sanitation, or fire protection for the public or the
person requesting such variance and if one or more of the following conditions are
met:
(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 5 days after the Plan or a
particular drought response stage has been invoked. All petitions for variances shall
be reviewed by the City Manager, or his/her designee, 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 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 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.
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(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/her designee:
(1)
(2)
Variances granted shall include a timetable for compliance.
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. 34-162
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 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 there is hereby adopted to Chapter 34 of the Code of Ordinances of the City
of Paris, Paris, Texas, a revised Article V, entitled "Drought Contingency Plan for Wholesale Water
Customers,' the aforesaid Article to read as follows:
"Article V. Drought Contingency Plan for Wholesale Water Customers
"Sec. 34-170.
Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and/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 (the Plan).
"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.
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"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/her designee, is hereby
authorized and directed to implement the applicable provisions of this Plan upon
determination that such implementation is necessary to protect public health, safety,
and welfare. The City Manager, or hislher 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. F or the purposes of this Article, the
word "customer" and the phrase "wholesale water customer" shall have the same
.
meanIng.
(b) Person. A term including individuals, corporations, partnerships,
associations, companies, organizations, or other legal entities.
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"Sec. 34-177
(a)
General
Triggering Criteria for Initiation and Termination
of Drought Response Stages
The City Manager, or his/her designee, shall 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 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)
(2)
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.
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
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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 conservation 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:
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(2)
"Sec. 34-178
(a)
General
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).
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.
Drought Response Stages
The City Manager, or his/her designee, shall 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 shall implement the following
actions:
(b)
Stage 1 - Mild Water Shortage Conditions
(1)
(2)
Target: Achieve a voluntary five percent (5%) reduction in daily
water demand.
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/her 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/her designee( s), will provide a weekly
report to news media with information regarding current water
supply and/or demand conditions, projected water supply and
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demand conditions if drought conditions persist, and consumer
information on water conservation measures and practices.
(c)
Stage 2 - Moderate Water Shortage Conditions
(1)
(2)
Target: Achieve a ten percent (10%) reduction in daily water demand.
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/her 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/her 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/her 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 City Manager, or his/her 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)
(2)
Target: Achieve a fifteen percent (15%) reduction in daily water
demand.
Best Management Practices for Supply Management:
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Measures to be implemented by the City of Paris, to manage limited water
supplies and reduce water demand will include reduced or discontinued flushing
of water mains, use of reclaimed water for non-potable purposes, and stringent
operation of the Water Treatment Plant concerning filter backwashing. Levels in
elevated storage tanks will be operated at lower levels that are consistent with
maintaining good fire protection, but will reduce water pressure to individual
households.
(3)
Water Use Restrictions for Reducing Demand:
a.
The City Manager, or his/her 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/her 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/her 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/her designee(s), shall:
(1)
(2)
(3)
(4)
Assess the severity of the problem and identify the actions needed and
time required to solve the problem.
Inform the responsible official of each wholesale water customer by
telephone or in person and suggest actions, as appropriate, to alleviate
problems.
When appropriate, notify city, county, and/or state emergency
response officials for assistance.
Undertake necessary actions, including repaIrS and/or cleanup as
needed.
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(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 34-1 77 of this
Article for Stage 3 - Severe Water Shortage Conditions have been met, City
Manager, or his/her designee, is hereby authorized initiate allocation of water
supplies on a pro rata basis in accordance with Texas Water Code Section 11.039
and according to the following water allocation policies and procedures:
(a) A wholesale customer's monthly allocation shall be a percentage of the
customer's water usage baseline. The percentage will be set by resolution of the
City Council of the City of Paris based on the assessment of the City Manager, or
his/her 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/her designee, for each wholesale customer. The wholesale customer's water
usage baseline will be computed on the average water usage by month for the five
(5) immediately preceding calendar years. If the wholesale water customer's
billing history is less than five (5) years, the monthly average for the period for
which there is a record shall be used for any monthly period for which no billing
history exists.
(c) The City Manager, or his/her designee, shall provide notice, by certified
mail, to each wholesale customer informing them of their monthly water usage
allocations and shall notify the news media and the executive director of the
Texas 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.
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"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.
(c) 1.3 times the normal water charge per 1000 gallons for water diversions
and/or deliveries in excess of the monthly allocation from ten percent (10%)
through fifteen percent (15%) above the monthly allocation.
(d) 1.4 times the normal water charge per 1000 gallons for water diversions
and/or deliveries more than fifteen percent (15%) above the monthly allocation.
The above surcharges shall be cumulative.
"Sec. 34-181
Variances
( a) The City Manager, or hislher 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/her 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).
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(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/her 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. 34-182. 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 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 4. That all ordinances or parts of ordinance that are in conflict with the
provisions of this ordinance be, and the same are hereby, repealed, and all other ordinance Jf the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and
effect.
Section 5. That the sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this
ordinance shall be declared unconstitutional or unlawful by the final judgment or decree of any
-29-
court or administrative agency of competent jurisdiction, such finding of unlawfulness or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
or sections of the ordinance, and such remaining provisions shall remain in full force and effect.
Section 6. That this ordinance shall be effective on May 1, 2005, following passage and
publication as required by law.
PASSED AND APPROVED this 11th day of April, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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