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08-11-00-Ordinance-Adopting a Drought Continencey Plan-08/07/2000ORDINANCE NO. 08-11-00 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ADOPTING A DROUGHT CONTINENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FORENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Sanger, 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 Natural Resource Conservation Commission 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 Sanger, Texas, the City Council 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANGER, TEXAS: SECTION 1. That the City of Sanger, Texas Drought Contingency Plan attached hereto as Exhibit A and made part hereof for all purposes be, and is hereby, adopted as the official policy of the City. SECTION 2. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 4. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED BY TIC CITY OF SANGER, of �t y )2000. ATTESTED CITY SECRET. J 14\ TEXAS, on the +�'day P ' MAYOR DROUGHT CONTINGENCY PLAN FOR THE CITY OF SANGER WATER UTILITIES APRIL, 2000 Section I: Declaration of Policy, Purpose, and Intent Drought and a number of other uncontrollable circumstances can disrupt the normal availability of the City's water supply. Even through the City may have an adequate water supply, the supply could become contaminated, or a disaster could destroy the utility infrastructure needed to transport, treat, and distribute water to customers. Although water emergencies may not be the direct result of a drought condition they are referred to as a possible event within the Drought Contingency Plan. This Drought Contingency Plan describes the conditions that require short-term water demand management in the City of Sanger and establishes policies and procedures that offer strategies for a timely and effective water management response. Such a response is needed when water use in any area approaches the system's supply, treatment, or delivery capacity. Examples include drought conditions, unusually high water demands, unforseen equipment/system failure, or contamination of a water supply source. To conserve the available water supply and protect the integrity of water supply facilities, with regard for domestic water use, sanitation, fire protection, and to protect and preserve public health, welfare, safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Sanger hereby adopts the following regulations and restrictions on 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 condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section XI of this Plan. Section II: Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Sanger Water Utilities by means of providing opportunity for input from the citizens/customers during the meeting of the City Council. Section III: Public Education Successful implementation of the Drought Contingency Plan depends on effective communication with the public. Sanger Water Utilities (SWU) must exchange ideas with the public to understand its needs and determine what water uses are most essential. The public awareness and education campaign will be successful if it conveys that: • The water management condition is real. • Reductions in water demand are necessary. • The adopted measures realistically correspond to the severity of the situation. • All customers share the inconvenience during water shortages. • The City of Sanger is effectively managing the existing water supply. To accomplish these six objectives, the City will take the following steps during drought or water emergency conditions. • Alert the public and keep the public regularly informed through local media. (Media contacts are listed in Appendix A). • Initiate public discussions when appropriate. • Promote public understanding of the Drought Contingency Plan and convey restrictions required should situations worsen. • Educate the public about ways to use water more efficiently. • Gather public support for the plan's actions. • Highlight the leadership role of the city government to save water. The campaign will work to gather support from various forms of news media to successfully keep the public informed. Once initiated, and especially during stages 3 and 4, the City and the news media will provide regular alerts to successfully implement public awareness and education through the following options. News Media: • Radio and television public service announcements • Newspaper and magazine announcement • Interviews on radio and television programs • Other radio and television pieces • Newspaper and magazine articles • Press releases • Paid or donated advertising Communications: • Activated hot line • Communication to media web sites of the current stage and restrictions that apply. • Telephone notifications to large water use customers when applicable. • Water bill inserts or messages • Distribution of fact sheets, brochures, and pamphlets. • Mail red post cards to customers beginning in stage two (2) conveying internal water restrictions that apply during this stage as well as a reminder to stay tuned to the media for mandatory restrictions during stages three (3) and four (4). • Posting of signs and notices (e.g., city and county buildings and post office). 2 • Billboards • Training Sanger Water Utilities (SWU) customer service representatives • Education and outreach from SWU employees • Post current Drought Contingency stage and restrictions that apply to the City's web site. Community Involvement: • Public meetings and hearings • Public education seminars • City employee training • School programs • Organized contests e.g., poster or T-shirt design, showing new ideas to save water) • Community outreach programs • Education and outreach from community volunteers • Formation of citizen's committees or other public forums Section IV: Coordination with Regional Water Planning Groups The service area of the City of Sanger Water Utilities is located within Region C Regional Water Planning Group and the City has provided a copy of this plan to Region C Regional Water Planning Group. Section V: Procedure Authorization The purpose of this ordinance is to establish the City of Sanger's policy in case of shortages or delivery limitations in the City's water supply, or in case of equipment malfunctions or similar emergencies. The Drought Contingency Plan is adopted and shall be incorporated as if fully set forth and enforceable as a part of this ordinance. As recommendended by the Texas Water Development Board (TWDB) and the Texas Natural Resource Conservation Commission (TNRCC) the plan shall consist of escalating phases of water use restrictions based on appropriate triggering conditions developed by Sanger Water Utilities. The plan shall provide procedures for voluntary and mandatory actions placed into effect to temporarily reduce the demand placed upon the City's water supply system during a water shortage. A copy of the plan hereby adopted shall be on file in the office of the City Secretary. Section VI: Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of Sanger Water Utilities. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. K3 Section VII: Definitions For the purpose of this Plan, the following definitions shall apply: Aesthetic water use: Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. 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. 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. Customer: Any person, company, or organization using water supplied by the City of Sanger Utilities. 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. Even number address: Street addresses, box numbers, or rural route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use: The use of water in processes designed to convert materials of lower value into forms having greater usability and value. 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 right-of-way and medians. Non -essential water use: Water uses that are not essential nor required for the protection of public health, safety, and welfare, including: • Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan; • Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle; • Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; • Use of water to wash down buildings or structures for purposes other than immediate 2 fire protection; • Flushing gutters or permitting water to run or accumulate in any gutter or street; • Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; • Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; • Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and • Use of water from hydrants for construction purposes or any other purposes other than fire fighting. Odd numbered address. Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. Plan. The Drought Contingency and/or Water Emergency Plan. TNRCC. The Texas Natural Resource Conservation Commission. Trigger Condition. Conditions establishing stages for implementation of the plan. It includes, but is not limited to the following: • General or geographical emergency. • Water system failures/emergencies (i.e., pressure zone deficiencies, chemical spills, broken water mains, power outages, electrical failures, failure of storage tanks or other equipment, treatment plant breakdown, and water contamination). • Mechanical failure of water pumping equipment. • An inability to recover approximately ninety (90) percent in all storage facilities within a specified time. TWDB. The Texas Water Development Board. UTRWD. The Upper Trinity Regional Water District. User. Any person or other utility system connected to the City's water supply, including owners and/or occupants of such premises. Water. Water taken from any City of Sanger public water supply or distribution system. 5 SECTION VIII: Triggering Criteria for Initiation and Termination of Drought Response Stages Monitor all relevant components of the City of Sanger water system to ensure that actions taken are based on current and reliable information. Sanger Water Utilities (SWU) will monitor the system, at a minimum, on a weekly basis until such point when projections based on past use indicate a trigger could be reached within two weeks. At this time, daily monitoring and reporting to the Superintendent will occur. Initiation: The Superintendent advises the City Manager when conditions exist to initiate a Plan Stage. The City Manager may then order the initiation of the appropriate stage of the Plan. To be effective, public notification must come before actual initiation. Meeting or exceeding one or more trigger conditions is sufficient cause to initiate a Drought Contingency Plan stage. Factors influencing this decision include, or not limited to, the time of year, weather conditions, anticipation of replenished water supplies, or anticipation that facilities will come on-line to serve capacity. Duration, Changes, and Extensions: The order can be made effective for up to, but not more than, 60 days from the date of communicating a given stage of the plan that requires curtailment of water by the public (i.e, stages 2,3 or 4). Upon recommendation of the Superintendent, the City Manager may upgrade or downgrade a stage when the conditions triggering that stage occur. To be effective, initiate the order by public notification. Upon recommendation of the Superintendent and City Manager, the City Council may extend the duration of an order for additional time periods, not to exceed 120 days each. Termination: The Superintendent will advise the City Manager when conditions exist to terminate a stage of the Plan. The City Manager may then order the termination of the appropriate stage of the Plan. Termination of any stage will occur if the corresponding drought contingency condition has subsided or been eliminated and if the corresponding trigger condition is no longer needed and would be unlikely to recur upon termination. Public Notification: The following procedures are required to initiate or cancel each stage of the Drought Contingency Plan: • Notification by public announcement via electronic media. • Notification published in newspapers of general circulation to the city within 24 hours after the public announcement. • The order becomes effective immediately upon publication. TNRCC Notification: The City of Sanger will notify the executive director of the Texas Natural Resource Conservation Commission (TNRCC) within five business days of the implementation of any mandatory provisions of the Drought Contingency Plan (stages 2, 3, or 4). Z VIII: Four Stages of the Drought Contingency Plan: Proactive management is the best way to lessen the potential impact of a drought contingency situation on the citizens of Sanger. The City of Sanger has established four successive stages to implement progressively stringent management measures. Meeting or exceeding the water reduction goals in the early stages reduces or eliminates the need to progress to later stages. The entire public benefits if the City takes responsible action in the early stages of a drought contingency situation. The City uses three distinct types of water shortages situations to establish the trigger conditions listed below: Trigger conditions: The trigger conditions for each of the three types of water management conditions and each of the four water management plan stages are provided in following table which shows the rationale for each trigger condition. • For a Type A situation, preservation of the total water supply will be critical and corresponding water management measures should stress overall reductions in water use. An extended drought causes this condition. The best opportunity to respond to a drought is early in the drought cycle. Drought Contingency measures should stress overall reductions in water demand (i.e., average -day water demand). • For a Type B situation, in which the water demand approaches the delivery capacity of the system, the peak water demand will be critical, and corresponding drought contingency measures should stress water -use reductions or shifts to off-peak hours. In this situation, the ultimate goal of Stages 1, 2, and 3 will be to avoid triggering the next stage. A Stage 4 trigger requires immediate and severe water demand reductions. Equipment or system failures that result from increased stresses to the transmission, or distribution systems can worsen a Type B situation. An increase in water demand causes this condition. In the short term, this typically occurs during the summer months when irrigation requires more water. In the long term, it could occur if treatment plant or distribution system expansions do not keep pace with the growth in consumer demand or redistribution of the demand to off-peak hours. • For a Type C situation where deficiencies limit the supply capacity, both water -use reduction and shifts to off-peak hours may be necessary. Although the area involved may be localized, immediate action requiring water demand reduction is necessary. Depending upon the severity of the triggering conditions, it is feasible that the plan could proceed immediately to implementation of stage 3 or stage 4. A break in a large transmission main or mechanical failure to one or more large pumps causes this condition. Contamination of water supplies or other unforseen occurrences may also instigate this condition. They may arise with little warning and require immediate and/or aggressive actions. Drought contingency measures should stress reductions in peak water demand or redistribution of the demand to off-peak hours. 7 Summary of City of Sanger Water Utilities Trigger Conditions Type of Stage 1 Stage 2 Stage 3 Stage 4 Water Water Water Watch Water Water Management Awareness Warning Emergency Condition Type A Total water Total water Total water Total water Water supply has supply has supply has supply has Supplies dropped below dropped below dropped below dropped below Are Low 65% of the total 55% of total 45% of total 30% of the total conservation conservation conservation conservation storage. storage, storage. storage. Type B Water Water demand Water demand Water demand Water demand Demand has reached or has reached or has reached or has reached or Approaches exceeded 90% exceeded 90% exceeded 95% exceeded 98% System of delivery of delivery of delivery of delivery Capacity capacity for 3 capacity for 5 capacity for 2 capacity for 1 consecutive consecutive consecutive consecutive day. days days. days. Type C Water demand Water demand Water demand Water demand Short -Term approaches a equals a reduced exceeds a seriously Deficiencies reduced delivery delivery reduced delivery exceeds a Limit Supply capacity for all capacity for all capacity for all reduced delivery Capability or part of the or part of the or part of the capacity for all system, as system, as system as or part of the determined by determined by determined by system, as City of Sanger City of Sanger City of Sanger determined by Water Utilities. Water Utilities Water Utilities. City of Sanger water Utilities. IX. Rationale for Trigger Condition: • Type A, Water supplies are low. Since Sanger obtains water from wells and from Upper Trinity Regional Water District. The City has the ability to balance the water supplies between both sources. If either source becomes low the City will initiate Type A Water Management Plan stages consistent with the actions by the Upper Trinity Regional Water District for the water purchased. : • Type B, Water demand approaches system capacity. Base trigger conditions on the available delivery capacity relative to water demand. In most cases, the limiting constraint will be the treated water distribution system. To set the trigger conditions, the City examined water demand and the system's delivery capacity. The selected trigger levels provide sufficient time delay between each stage and time to implement measures that correspond with the severity of the capacity shortfall. • Type C, Short-term deficiencies limit supply capacity. The trigger conditions for short-term deficiencies limiting water supply capacity are based upon how much water supply or delivery capacity remains available relative to water demand for all or part of the system. Trigger conditions, which will be determined when the deficiency within the Sanger Water Utility System happens. X. Water Management Measures: Section VII outlined the drought contingency stages and the monitoring for initiation and termination. This section outlines the responses at each stage. Because the most effective response to a given drought contingency condition may vary on the type and factors unique to the situation, the City of Sanger Water Utilities has prepared menus of possible actions. The Superintendent determines appropriate actions before initiation or at any time during a drought contingency stage. Each stage is listed below, followed by a brief description of the situation and the type of action that may be required. Stage 1, Water Awareness Actions Available: Applied locally or to all customers, as necessary with a 10% desired reduction. A potentially serious drought condition exists for all or part of the system. Initiate a public awareness campaign to inform the public that the City is concerned about water uses and that staff is watching the water sources and evaluating conditions on a daily basis. Encourage public and internal users to voluntarily reduce water consumption. Encourage city government to take the lead by reducing water use. Mandatory Restrictions a) Internal: (i. e. City of Sanger Municipal uses only) • No internal mandatory restrictions required. b) Retail Customers • No mandatory restrictions required. E Voluntary Requests a) Internal: (i. e. City of Sanger Municipal uses only) • Staff will begin review of the problems initiating Stage 1 actions and will identify possible solutions to address the water shortage. • Seek voluntary reductions from interruptible customers per rate ordinance or contract terms. • Request leak detection and repairs within the distribution systems be intensified. • Encourage reductions in landscape watering for parks and golf courses. • Flush only mains that are essential for water quality maintenance and new construction. b) Retail Customers: • Encourage reductions in water usage by avoiding excessive run-off from landscaped areas, the hosing off of paved areas, the frequency of draining and filling of swimming pools, hot tubs and spas and other recreational water uses. • Encourage efficient use of water for essential uses. Notifications: a) Internal: (i.e. City of Sanger Municipal uses only) • Notify City departments of Water Watch Stage # 1 and request voluntary water use reduction. Stress voluntary elimination on non -essential uses. b) External Customers: • Issue press release, radio and video public service announcement to area media describing Water Watch # 1 and the voluntary restrictions that apply. • Distribute water conservation materials to Sanger Independent School District , County of Denton, and community groups if appropriate. • Post Water Watch notices at public buildings including city buildings, county buildings, and the federal post office. • Water customers requested to practice water conservation and minimize or discontinue water use for nonessential services. • Encourage reduction of water use through the publication of the voluntary landscape watering schedule and request watering only during off-peak hours. • Initiate public education campaign teaching and encouraging reduced water use practices. E$] Penalties: No penalties enforced at this time. Stage 2, Water Watch Actions Available: Applied locally or to all customers, as necessary with a desired 10% to 20% reduction. The situation has worsened and calls for an internal restriction on outdoor water use. The public is encouraged to conserve water on a voluntary basis and use all water efficiently. Mandatory Restrictions: a) Internal (i. e. City of Sanger Municipal uses only) • Staff continues to review the problems, which initiated the Stage 2 actions. Identifies and implements possible solutions to address the water shortage. • Department staffs implement a self audit, and limit water usage of city owned property by 10% to 20 % on the posted five-day watering schedule. • Washing city equipment, limited to the 5-day watering schedule. • Prohibit hosing off paved areas, buildings, windows, or hard other surfaces. • Use of water from fire hydrants limited to fire fighting, essential distribution system maintenance and related activities. • Intensify leak detection and repair activities on water pipes and mains. • Restrict the flushing of fire hydrants, blow offs and service connections for new main construction by special permit only. • Prohibit use of water to fill, refill, or add to any swimming, wading, or j acuzzi type pools except on the 5-day schedule. Public Pools are exempt from these restrictions. b) Retail Customers: • No mandatory retail customer restrictions apply at this time. Voluntary Request a) Internal (i.e. City of Sanger Municipal uses only) • Mandatory restrictions apply. 11 b) Retail Customers • Request that all automatic landscape watering be limited to the five-day schedule as posted. Watering with a hand-held hose, or bucket can be done anytime. • Request that washing of any motor vehicle, bike, trailer, boat or airplane be limited to the 5-day watering schedule. • Request that use of water to fill, refill, or add to any indoor or outdoor swimming, wading, or jacuzzi pools be limited to the 5-day schedule. • Request that hosing off paved areas, buildings, windows, or other hard surfaces as well as operation of aesthetic ornamental fountains be limited to the 5-day schedule. • Request that recreational water use including use of faucets, hoses, or hydrants, be limited to the 5-day schedule. • Request that restaurants only serve water to customers that request water rather than providing it to all customers independent of need or desire. • Encourage efficient use of water for all essential uses. Notifications a) Internal (i. e. City of Sanger Municipal uses only) • By telephone and attached follow-up memo, notify all City department water users of Water Watch Stage #2 and the water use restrictions under this stage. Instruct them to implement restrictions on non -essential uses. • Coordinate distribution of water emergency plan details, posters, and handouts to all employees and all public access buildings. b) Retail Customers • TNRCC notified of Stage 2 restrictions. • Issue press release, radio and video public service announcement to area media describing Water Watch Stage #2 and the water use restrictions under this stage. Keep media updated on the water situation. Use media contact listed in Appendix A. • By telephone and follow-up letter, notify major water users of Water Watch Stage #2 and the restrictions that apply. • Accelerate public education campaign to promote and encourage efficient water use. Penalties • No penalties enforced at this time. Internal (City of Sanger) landscape and vehicle washing activities beginning in Stage 2 shall be limited to once every five (5) days based on the last digit of the address per the schedule below: 12 Stages 2 and 3 Five -Day Watering Schedule Last Digit of Address Allowed Water Dates 0 or 5 5t" 10th 15th 20t"25t"30th 1 or 6 1st, 6w, 11t", 1011, 21st, 201' 2 or 7 2na, 7t", 12tt�, 17t", 22��d, 27t" 3 or 8 3rd, 8t", 13th, 18t', 23`d, 28th 4 or 9 4th, 9th, 101, 19t", 24th, 29th Stage 3, Water Warning Actions Available Applied locally or to all customers, as necessary with a desired 20% to 30% reduction. The situation has deteriorated further, and it is necessary to implement mandatory external and internal restrictions to protect the public health and safety. Use stronger language to intensify public awareness and alert the public of the potential severity of the water shortage. Impose 20% surcharge penalty for residential customers water use above 30,000 gallons per meter connection per 30-day period. Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 80% of prior billing volumes for a 30-day period. Mandatory Restrictions a) Internal (i.e. City of Sanger Municipal uses only) • Staff continues to review the problems, which initiated the Stage 3 actions and identifies and implements possible solutions to address the water shortage. Irrigation of landscaped areas are limited to the designated 5-day schedule between 9 P.M. and 9 A.M. • Use of water to wash any City vehicle not in the interest of public health, safety, or welfare is prohibited. • City employees shall use hand-held hoses to maintain operation for existing swimming pools and etc, on the posted 5-day schedule between 9 P.M. and 9 A.M. Public pools are exempt from this restriction. • Discontinue use of water for new water line construction purposes from fire hydrants, blow off, and service connections. 13 b) Retail Customers • Irrigation of landscaped areas are limited to the designated 5-day schedule between 9 A.M. and 9 P.M. • Use of water to wash any motor vehicle, motorbike, boat trailers etc. not in the interest of public health, safety, or welfare is prohibited. Washing at commercial car washes shall occur between 9 P.M. and 9 A.M. • Residents shall use hand-held hoses to maintain operation for existing swimming pools, jacuzzis, spas, ornamental ponds, fountains, and foundations on the posted 5- day watering schedule between 9 P.M, and 9 A.M. • Nurseries shall water plant stock only with low -volume drip emitter systems between the hours of 9 P.M, to 9 A.M. on the five-day watering schedule. • Prohibit excessive water run-off from any landscaped area onto streets, alleys, or parking lots through code enforcement warnings. Run-off is excessive when it extends beyond the driveway and into the street. • Prohibit permitting of new swimming pools, jacuzzis, spas, ornamental ponds, or fountain construction, except those previously permitted or under construction when Stage 3 begins. Initial filling of sites permitted (one time) after completing construction. • Service to interruptible customers is temporarily suspended. Voluntary Requests a) Internal (i. e. City of Sanger Municipal uses only) • All restrictions are mandatory. b) Retail Customers • Request that restaurants only serve water to customers that request water rather than providing it to all customers independent of need or desire. • Encourage efficient use of water for all essential uses. Notifications a) Internal (i.e. City of Sanger Municipal uses only) • Coordinate dissemination of water conservation plan details, posters, and handouts to customer service representatives and public access buildings. • Notify all City Department water users of Water Watch #3 and the restrictions under this stage. Instruct them to eliminate non -essential uses including street and vehicle washing and operation of ornamental fountains, and to implement restrictions on essential uses. 14 b) Retail Customers • TNRCC notified of stage 3 restrictions. • Issue press release, radio and video public service announcement to area media describing Water Watch Stage #3 and the water use restrictions under this stage. Keep media updated on the water situation. • By telephone and follow-up letter, notify major water users of Water Watch #3 and the mandatory water use reduction. • Post Water Watch notices at public buildings including city buildings, county buildings, and the federal post office. Penalties • Initiate a 20% rate increase for residential customers for water usage greater than 30,000 gallons per account per 30 days. • Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 80% of prior billing volumes for a 30-day period. • Initiate code enforcement fines for any violation of the Drought Contingency Plan, Stage 4, Water Emergency Actions Available Applied locally or to all customers, as necessary with a desired 30% or greater reduction. The situation is critical and it is necessary to implement a total ban on all outside watering. The public awareness campaign emphasizes the need for extreme measures and stiff penalties. Impose 20% surcharge penalty for residential customer use above 15,000 gallons per meter connection per 30-day period. Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 70% of prior billing volumes for a 30-day period. a) Internal (i.e. City of Sanger Municipal uses only) • Staff continues to review the problems, which initiated the Stage 4 actions and identifies and implements possible solutions to address the water shortage. • Prohibits use of water from fire hydrants to fire fighting, essential distribution system maintenance and related activities. • Prohibit all city use of watering for landscape purposes. • Prohibit all washing and rinsing of city vehicles regardless of the location. • Prohibit use of hose end sprinklers or automatic sprinkler systems. b) Retail Customers • Prohibit all commercial and residential landscape watering. • Prohibit all washing and rinsing of vehicles regardless of location. 15 • Nurseries shall water plant stock only between the hours of 9 P.M. and 9 A.M. They must also adhere to the 5-day watering schedule. • Residents shall limit foundation watering to a two-hour period on the five-day rotational schedule between 9 P. M. to 9 A.M. with a soaker or hand-held hose only, • Prohibit permitting of new swimming pools, hot tubs, spas, ornamental ponds, and fountain construction. • Service to interruptible customers is temporarily suspended. Voluntary Requests a) Internal (i.e. City of Sanger Municipal uses only) • All restrictions are mandatory, b) Retail Customers • Request a 25% reduction of indoor water uses. • Request that all restaurants only serve water to customers that request water rather than providing it to all customers independent of need or desire. • Encourage efficient use of water for all essential uses. • Seek voluntary reductions from interruptible customers per rate ordinance or contract terms. Notifications a) Internal (City of Sanger Municipal uses only) • By telephone and attached memo, notify all city departments of Water Watch #4 and of the water restrictions under this stage. Instruct them to eliminate non -essential uses and to implement restrictions on essential uses. • Coordinate dissemination of water conservation details, posters, and handouts to customer service representatives and Sanger public access buildings, b) Retail Customers • TNRCC notified of stage 4 restrictions. • Issue press release, radio and video public service announcement to area media describing Water Watch #4 and the water us restriction under this stage. Keep media updated on the water situation. • Post Water Watch notices at public buildings, including city buildings, county buildings, and the federal post office. • By telephone and follow-up letter, notify major area water users of Water Watch #4 and mandatory cessation of all outside watering. L6ot Penalties • Impose a 20% rate increase for residential customers for water usage greater than 15,000 gallons per account per 30 days. • Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 70% of prior billing volumes for a 30-day period. • Initiate code enforcement fines for any violation of the Drought Contingency Plan. XI. Water Use Retail Customers: During Stages 3 and 4 of the Drought Contingency Plan, the City may impose a retail water rate increase to discourage water use. Rates for residential customer usage more than 30,000 gallons per 30 days per account in Stage 3 or above 15,000 gallons per 30 days per account in Stage 4 may be increased by 20 percent (20%), or any other lesser percentage deemed by the City Manager. A similar 20 percent (20%) rate increase for commercial and industrial customers may be imposed for use exceeding 80% (Stage 3) and 70% (Stage 4) of prior billing volumes per 30-day period. XII. Enforcement A person commits an offense if he or she knowingly makes, causes, or permits a use of water contrary to the measures implemented in the Drought Contingency Plan. It is presumed that a person has knowingly made, caused, or permitted use of water contrary to the measures implemented if the mandatory measures have been implemented according to the Plan and any one of the following conditions apply; • The Drought Contingency Plan prohibits the manner of use. • The amount of water used exceeds that allowed by the Drought Contingency Plan. • The manner of use or the amount used violates the terms and conditions of a compliance agreement made following a variance granted by the City Manager. • Any person 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 their minor children and proof that a violation, committed by a child, occurred on the property within control of the parents 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 Plan and that the parent could not have reasonably known of the violation. 17 • Any Code Enforcement Officer, Police Officer, or other City Employee designated by the City Manager, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. 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 Municipal Court on the date shown on the citation. Warnings and Penalties: Stages 3 and 4 of the drought Contingency Plan impose mandatory water -use restrictions. The following warnings and penalties will apply to these stages: • First Violation: Customers receive a written warning that they have violated restrictions • Subsequent Violations: Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $2,000, Each day that one or more provisions in this Plan is violated shall constitute a separate offense. Flow restrictions may be placed in lines after two violations have occurred to limit the amount of water passing through the meter in a 24-hour period. Instead of flow restrictions, the City of Sanger Utilities reserves the right to temporarily cancel water service to the customer until the situation can be resolved. XII. Variances Granting a Variance: The City Manager may grant variances from the Drought Contingency Plan in special cases to persons demonstrating hardship and need. In order to obtain a variance, the applicant must sign a compliance agreement on forms provided by the City Manager and approved by the City Attorney. The applicant must agree to use the water only in the amount and manner permitted by the variance. A variance must meet the following conditions: • Granting of a variance must not cause an immediate significant reduction in the City's water supply. • The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or welfare of the person requesting it. • The variance will not adversely affect the health, safety, or welfare of other persons. No variance is retroactive nor can it justify any violation of this Drought Contingency Plan before its issuance. Revoking a Variance: The City Manager may revoke a variance granted when the City Council determines any one of the following: • Conditions causing initial issuance of the variance are no longer applicable. • Violation of the terms of the compliance agreement. • The health, safety, or welfare of other persons requires revocation. 18 XIV. Severability The City of Sanger City Council agrees that sections, paragraphs, sentences, clauses, and phrases of this Drought Contingency Plan are severable. If any phrase, clause, sentence, paragraph, or section of this Drought Contingency Plan is declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Drought Contingency Plan, since the same would not have been enacted by the City of Sanger City Council without the incorporation into this Drought Contingency Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 19