§ 52.01  GENERAL PROVISIONS.
   (A)   The City Council hereby approves and adopts as the city’s water conservation plan, the water conservation/drought contingency plan attached hereto as §§ 52.16 through 52.51 below. The city commits to implement the program according to the procedures set forth in the adopted plan.
   (B)   The city shall report to the Texas Water Development Board annually on the implementation and effectiveness of the plan in accordance with the outline set forth in the plan.
   (C)   In regards to implementation and enforcement of the conservation/drought contingency plan, the City Manager is designated as the official responsible for implementation and enforcement, and the following guidelines are adopted:
      (1)   Mild drought occurs when:
         (a)   Average daily water consumption reaches 85% of production capacity;
         (b)   Consumption (85%) has existed for a period of three days; and
         (c)   Weather conditions are to be considered in drought classification determination. Predicted long, hot or dry periods are to be considered in impact analysis.
      (2)   Moderate drought conditions are reached when:
         (a)   Average daily water consumption reaches 90% of rated production capacity for a three-day period;
         (b)   Weather conditions indicate mild drought will exist five days or more;
         (c)   One ground storage tank or one clear well is taken out of service during mild drought;
         (d)   Storage capacity (water level) is not being maintained during period of 100% rated production period; and
         (e)   Existence of any preceding conditions listed above for a duration of 36 hours.
      (3)   Severe drought classification is reached when:
         (a)   Average daily water consumption reaches 100% of production capacity for a 24-hour period;
         (b)   Average daily water consumption will not enable storage levels to be maintained;
         (c)   System demand exceeds available high service pump capacity;
         (d)   Any two conditions listed in moderate drought classification occurs for a 24-hour period;
         (e)   Water system is contaminated either accidentally or intentionally. Severe condition is reached immediately upon detection; and
         (f)   Water system fails - from acts of God (tornados, hurricanes) or humans. Severe condition is reached immediately upon detection.
      (4)   In the event severe classification conditions persist (division (C)(3) above) for an extended period of time, the district may ration water usage and/or terminate service to selected users of the system in accordance with the following sequence:
         (a)   Recreational users;
         (b)   Residential users;
         (c)   Commercial users;
         (d)   Industrial users;
         (e)   School users; and
         (f)   Hospital, public health and safety facilities.
   (D)   Users of city water except for the city, that do not comply with division (C) above shall be subject to a penalty and fine of not less than $10 per day nor more than $200 per day for each day of non-compliance and/or disconnection or discontinuance of water services to the users by the city.
   (E)   The City Council finds and declares that a sufficient written notice of the date, hour, place and subject of the meeting of the City Council was posted at a designated place convenient to the public at the City Hall for the time required by law preceding this meeting and that the place of posting was readily accessible at all times to the general public that all of the foregoing was done as required by law; and that this meeting has been open to the public as required by law at all times during which this chapter and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further rectifies, approves and confirms the written notice and the contents and posting thereof.
(Ord. 94-02, passed 1-18-1994)