HomeMy WebLinkAboutOrd 069-2003 Drought Plan.pdfCITY OF ANNA
ORDINANCE NO. 69-2003
AN ORDINANCE OF THE CITY OF ANNA, TEXAS ADOPTING A
DROUGHT CONTINGENCY PLAN, PROVIDING FOR DEFINITIONS,
DEFINING WATER SHORTAGE CONDITIONS, SETTING CRITERIA FOR
INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES
AND SETTING RESTRICTIONS ON USE OF WATER AT EACH SUCH
STAGE, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR
DESIGNEE TO IMPLEMENT THE PROVISIONS OF THE PLAN,
REQUIRING COMPLIANCE WITH THE PLAN BY ALL RESIDENTIAL
AND COMMERCIAL WATER CUSTOMERS, PROVIDING FOR
ENFORCEMENT OF THE PROVISIONS OF THE PLAN AND THE
ORDINANCE AND PROVIDING FOR PENALTIES FOR VIOLATION
THEREOF, FINDING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AND THAT NOTICE
IS PROPERLY POSTED AS REQUIRED BY LAW, CONTAINING A
SAVINGS CLAUSE, CONTAINING A CONFLICT LIMITATION CLAUSE,
AND CONTAINING A REPEALER CLAUSE.
WHEREAS, the City Council of the City of Anna, Texas recognizes that the amount of water
available to the City of Anna and its water utility customers is limited and subject to depletion during
period of extended drought; and
WHEREAS, the City Council recognizes that because of natural limitations due to drought
conditions, limits on the water table, and other acts of God, it cannot guarantee an uninterrupted
water supply for all purposes; and
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 a drought contingency plan has been prepared, and the City
Council of the City of Anna finds it in the best interest of the customers and citizens of the City of
Anna, and farther finds it expedient and necessary, to adopt said drought contingency plan and to
establish certain rules and policies for the orderly and efficient management of limited water supplies
during drought and other water supply emergencies; and
WHEREAS, the City Council of the City of Anna finds that availability of water is essential to
public health and sanitation, and to fire safety, and further that failure to comply with the Drought
Contingency Plan adopted by this ordinance will be detrimental to public health and sanitation
because of a lack of clean water to be used for such purposes, and further would be detrimental to
fire safety because of a lack of water for combating and extinguishing fires, and that therefore
adoption of this ordinance and the Drought Contingency Plan will serve the public welfare and
protect public health and sanitation and enhance fire safety of the citizens of the City of Anna;
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NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1: The Drought Contingency Plan attached hereto as Exhibit A is incorporated herein for
all purposes and the same is hereby adopted as the official Drought Contingency Plan of the City of
Anna.
SECTION 2: The Director of Public Works and/or the Directors designees are hereby directed to
implement, administer, and enforce the Drought Contingency Plan of the City of Anna. Any
implementation of the mandatory provisions of this ordinance must be approved by the City
Administrator or designee.
SECTION 3: Any person who violates any requirement or provision of the Drought Contingency
Plan of the City of Anna, which is not specifically set out as a voluntary provision, restriction, or
limit, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than
One Hundred Dollars ($100.00) and not more than Two Thousand Dollars ($2,000.00). Each day
that a violation of the Drought Contingency Plan of the City of Anna continues to exist shall be
considered a separate violation of this ordinance and a separate offense.
SECTION 4: If a person is convicted of three (3) or more separate violations of the Drought
Contingency Plan of the City of Anna, the Director of Public Works shall, after giving at least 48
hours notice to such person, be authorized to discontinue water services to the premises where such
violations occurred. Services discontinued under such circumstances shall be restored only upon
payment of a reconnection charge, hereby established at One Hundred Dollars ($100.00), and any
other costs incurred by the City of Anna in discontinuing service. Prior to reconnection, suitable
assurance must be given to the Director of Public Works or the Directors designee that the offense
shall not be repeated during the period of water shortage then existing.
SECTION 5: Compliance with this ordinance and the Drought Contingency Plan of the City of
Anna maybe enforced by a civil action for injunction pursuant to Local Government Code 54.012
et seq.
Closing Sections
SECTION 6: It is hereby officially determined that the meeting at which this ordinance was passed
was open to the public as required by law and that public notice of the time, place and purpose of
said meeting was given as required.
SECTION 7: If any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or application thereof to any person or circumstances, is held invalid by a court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of the
ordinance, and the City Council hereby declares it would have passed such remaining portions ofthe
ordinance despite such invalidity.
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SECTION 8: This ordinance shall not be construed so as to conflict with any superior law,
including but not limited to: the laws and statutes of the State of Texas and the laws and statutes of
the United States.
SECTION 9: All ordinances, parts of ordinances, resolutions, or policies of the City of Anna in
conflict, or to come in conflict, with this ordinance are expressly repealed to the extent of such
conflict.
SECTION 10: The City Secretary is hereby directed to publish the caption of this ordinance as
required by law in the official newspaper and this ordinance takes effect after publication.
PASSED AND APPROVED THIS 8th DAY OF April, 2003.
Attest:
Wayne E. Cummings, City Secretary
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Ronald R. Ferguson,
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Exhibit A
DROUGHT CONTINGENCY PLAN FOR THE
CITY OF ANNA
Section I: 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 Anna hereby adopts the
following 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 conditions 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 Anna by means of attendance at monthly City Council meetings.
Section III: Public Education
The City of Anna 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, newsletters, or billing inserts.
Section IV: Coordination with Regional Water Planning Groups
The service area of the City of Anna is located within the Region C and City of Anna has provided a
copy of this Plan to the Region C Planning Group.
Section V: Authorization
The Director of Public Works, or his 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 Director of Public Works, or his designee, shall
have the authority to initiate or terminate drought or other water supply emergency response
measures as described in this Plan. Approval by the City Administrator or designee is required to
implement mandatory provisions of the plan.
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Section VI: Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing water
provided by the City of Anna. The terms "person" and "customer" as used in the Plan include
individuals, corporations, partnerships, associations, and all other legal entities.
Section VII: Definitions
For the purposes 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 fixture or
alternative uses.
Customer: any person, company, or organization using water supplied by City of Anna.
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 postal 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 rights-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:
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses,
except otherwise provided under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
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vehicle;
(c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard -surfaced areas;
(d) use of water to wash down buildings or structures for purposes other than immediate
fire protection;
(e) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or
Jacuzzi -type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been
given notice directing the repair of such leak(s); and
(i) 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.
Section VIII: Triggering Criteria for Initiation and Termination of Drought Response
Stages
The Director of Public Works, or his designee, shall monitor water supply and/or demand
conditions on a daily basis and shall determine when conditions warrant initiation or termination
of each stage of the Plan, Public notification of the initiation or termination of drought response
stages shall be by means of, publication in a newspaper of general circulation or direct mail to
each customer.
The triggering criteria described below are based on distribution capabilities and customer peak
usage.
(a) Stage I - Mild Water Shortage Conditions
Requirements for initiation -Customers shall be requested to voluntarily conserve water and
adhere to the prescribed restrictions on certain water uses, defined in Section VII - Definitions,
when continually falling treated water reservoir levels which do not refill above 100 percent
overnight or on such occasion as a water well may be temporarily out of service or when water
well pumping levels continue to decline.
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 2 consecutive days.
(b) Stage 2 - Moderate Water Shortage Conditions
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Requirements for initiation - Customers shall be required to comply with the requirements and
restrictions on certain non-essential water uses provided in Section VII of this Plan when
continually falling treated water reservoir levels which do not refill above 90 percent overnight or
on such occasion as a water well may be temporarily out of service or when water well pumping
levels continue to decline.
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 2 consecutive days, Upon
termination of Stage 2, Stage 1 becomes operative.
(c) Stage 3 - Severe Water Shortage Conditions
Requirements for initiation - Customers shall be required to comply with the requirements and
restrictions on certain non-essential water uses for Stage 3 of this Plan when continually falling
treated water reservoir levels which do not refill above 85 percent overnight or on such occasion
as a water well may be temporarily out of service or when water well pumping levels continue to
decline.
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 2 consecutive days. Upon
termination of Stage 3, Stage 2 becomes operative.
(d) Stage 4 - Critical Water Shortage Conditions
Requirements for initiation - Customers shall be required to comply with the requirements and
restrictions on certain non-essential water uses for Stage 4 of this Plan when continually falling
treated water reservoir levels which do not refill above 75 percent overnight or on such occasion
as a water well may be temporarily out of service or when water well pumping levels continue to
decline.
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 2 consecutive days. Upon
termination of Stage 4, Stage 3 becomes operative.
(e) Stage 5 - Emergency Water Shortage Conditions
Requirements for initiation - Customers shall be required to comply with the requirements and
restrictions for Stage 5 of this Plan when the Director of Public Works, or his designee,
determines that a water supply emergency exists based on:
1. Major water line breaks, or pump or system failures occur, which cause
unprecedented loss of capability to provide water service; or
2. Natural or man-made contamination of the water supply source(s); or
3. One or more water wells are out of service; or
4. One or more water wells are experiencing dangerously declining pumping levels.
Requirements for termination -Stage 5 of the Plan may be rescinded when all of the conditions
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listed as triggering events have ceased to exist for a period of 2 consecutive days.
(f) Water Rationing
Requirements for initiation - Customers shall be required to comply with the water allocation
plan prescribed in Section X of this Plan and comply with the requirements and restrictions for
Stage 5 of this Plan when continually falling treated water reservoir levels which do not refill
above 50 percent overnight or on such occasion as a water well may be temporarily out of service
or when water well pumping levels continue to decline.
Requirements for termination - Water rationing may be rescinded when all of the conditions
listed as triggering events have ceased to exist for a period of 2 consecutive days.
Section IX: Drought Response Stages
The Director of Public Works, or his designee, shall monitor water supply and/or demand
conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII
of the Plan, shall determine that a mild, moderate, severe, critical, or emergency condition exists
and shall implement the following actions upon publication of notice in a newspaper of general
circulation and/or direct mailing to each customer.
Stage 1 - Mild Water Shortage Condition
Goal: Achieve a voluntary 10 percent reduction in daily water demand.
Voluntary Water Use Restrictions:
(a) 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 Anna shall adhere to water use restrictions prescribed for
Stage 2 of the Plan.
(c) Water customers are requested to practice water conservation and to minimize or
discontinue water use for non-essential purposes.
Stage 2 - Moderate Water Shortage Conditions
Goal: Achieve a 15 percent reduction in daily water demand.
Water Use Restrictions. Under threat of penalty for violation, the following water use
restrictions shall apply to all persons:
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(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 its
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 fire fighting, related activities, or other
activities necessary to maintain public health, safety, and welfare, except that use of water
from designated fire hydrants for construction purposes maybe allowed under special
permit from the City of Anna.
(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 Anna, the facility shall not be subject to these
regulations.
(g) All restaurants are prohibited from serving water to its patrons except when requested.
(h) The following uses of water are defined as non-essential and are prohibited:
1.) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or
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other hard -surfaced areas;
2.) use of water to wash down buildings or structures for purposes other than
immediate fire protection;
3.) use of water for dust control;
4.) flushing gutters or permitting water to run or accumulate in any gutter or street;
and
5.) 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 - Severe Water Shortage Conditions
Goal: Achieve a 20 percent reduction in daily water demand.
Supply Management Measures:
Reduced or discontinued flushing of water mains.
Water Use Restrictions. All requirements of Stage 2 shall remain in effect during Stage 3 except:
(a) Irrigation of landscaped areas shall be limited to designated watering days between the
hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight and shall
be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently
installed automatic sprinkler system only. The use of hose -end sprinklers is prohibited at
all times.
(b) The watering of golf course tees is prohibited unless the golf course utilizes a water
source other than that provided by the City of Anna.
(c) The use of water for construction purposes from designated fire hydrants under special
permit is to be discontinued.
Stage 4 - Critical Water Shortage Conditions
Goal: Achieve a 30 percent reduction in daily water demand.
Supply Management Measures:
Reduced or discontinued flushing of water mains.
Water Use Restrictions. 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
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times.
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle
not occurring on the premises of a commercial car wash and commercial service stations
and not in the immediate interest of public health, safety, and welfare is prohibited.
Further, such vehicle washing at commercial car washes and commercial service stations
shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m.
and 10 p.m.
(c) The filling, refilling, or adding of water to swimming pools, wading pools, 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 applications for new, additional, expanded, or increased -in -size water service
connections, meters, service lines, pipeline extensions, mains, or water service facilities
of any kind shall be allowed or approved.
Stage 5 - Emergency Water Shortage Conditions
Goal: Achieve a 50 percent reduction in daily water demand.
Supply Management Measures:
Reduced or discontinued flushing of water mains.
Water Use Restrictions. 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.
Section X: Water Rationing
hi the event that water shortage conditions threaten public health, safety, and welfare, the
Director of Public Works is hereby authorized to ration water according to the following water
allocation plan:
Single -Family Residential Customers
The allocation to residential water customers residing in a single-family dwelling shall be as follows:
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Persons per Household Gallons per Month
1 or 2 6,000
3 or 4
7,000
5 or 6
8,000
7 or 8
9,000
9 or 10
10,000
11 or more
12,000
"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
Anna of a greater number of persons per household on a form prescribed by the Director of
Public Works. The Director of Public Works shall give his 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 Anna offices 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
on the form prescribed by the Director of Public Works. 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 Anna 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 Anna in writing within two (2) days. In prescribing the method for claiming
more than two (2) persons per household, the Director of Public Works 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 Anna of a reduction in the number of persons in a household shall be fined not less than $
100.00. Residential water customers shall pay the following surcharges:
$ 5.00 for the first 1,000 gallons over allocation.
$ 6.00 for the second 1,000 gallons over allocation.
$ 7.00 for the third 1,000 gallons over allocation.
$10.00 for each additional 1,000 gallons over allocation.
Surcharges shall be cumulative.
Commercial Customers
A monthly water usage allocation shall be established by the Director of Public Works, or his
designee, for each nonresidential commercial customer other than an industrial customer who
uses water for processing purposes. The non-residential customer's allocation shall be
approximately 50 percent of the customer's usage for corresponding month's billing period for the
previous 12 months. If the customer's billing history is shorter than 12 months, the monthly
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average for the period for which there is a record shall be used for any monthly period for which
no history exists. The Director of Public Works shall give his best effort to see that notice of each
non-residential customer's allocation is mailed to such customer. If, however, a customer does
not receive such notice, it shall be the customer's responsibility to contact the City of Anna to
determine the allocation. Upon request of the customer or at the initiative of the Director of
Public Works, 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. Nonresidential commercial
customers shall pay the following surcharges:
$ 5.00 per thousand gallons for the first 1,000 gallons over allocation.
$ 6.00 per thousand gallons for the second 1,000 gallons over allocation.
$ 7.00 per thousand gallons for the third 1,000 gallons over allocation.
$10.00 per thousand gallons for each additional 1,000 gallons over allocation.
The surcharges shall be cumulative.
Section XI: Enforcement
(a) No person shall knowingly or intentionally allow the use of water from the City of Anna
for residential, commercial, industrial, agricultural, governmental, or any other purpose
in a manner contrary to any provision of this Plan, or in an amount in excess of that
permitted by the drought response stage in effect at the time pursuant to action taken by
the Director of Public Works, or his designee, in accordance with provisions of this
Plan.
(b) RESERVED
(c) Any person, including a person classified as a water customer of the City of Anna, 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 Plan and that the parent could not have
reasonably known of the violation.
(d) Any employee of the City of Anna, Police or Code Enforcement officer, or other
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employee designated by the Director of Public Works, 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 the 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 alleged violator fails to
appear in municipal court, a warrant for his/her arrest may be issued. A summons to
appear maybe issued in lieu of an arrest warrant. These cases shall be expedited and
given preferential setting in municipal court before all other cases.
Section XII: Variances
The Director of Public Works, or his 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:
(a) 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.
(b) Alternative methods can be implemented which will achieve the same level of reduction
in water use.
Persons requesting an exemption from the provisions of this Ordinance shall file a petition for
variance with the City of Anna within 5 days after the Plan or a particular drought response stage
has been invoked. All petitions for variances shall be reviewed by the Director of Public Works,
or his designee, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief.
(d) 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.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
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(g) 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.
(h) Other pertinent information.
Variances granted by the City of Anna shall be subject to the following conditions, unless waived
or modified by the Director of Public Works or his designee:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has
failed to meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of this Plan occurring
prior to the issuance of the variance.
Section XIII: Severability
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this Resolution are severable and, if any phrase, clause,
sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid
judgment 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 Plan,
since the same would not have been enacted by the City Council without the incorporation into
this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section
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