Drought Contingency Plan

 

Drought Contingency Plan
For the City of Alamo
March 28, 2014

Drought Contingency Plan.pdf

Section 1: 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 Alamo hereby adopts the following regulations and restrictions on the delivery and consumption of water through an ordinance/or resolution.

Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) me 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 XI of this Pan.

Section II: Public Involvement
Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Alamo by means of a City Commission Meeting.

Section III: Public Education
The City of Alamo 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 utility bill inserts.

Section IV: Coordination with Regional Water Planning Groups
The service area of the City of Alamo is located within the Rio Grande Regional Water Planning Group Region M and the City of Alamo has provided a copy of this Plan to the Rio Grande Regional Water Planning Group Region M.

Section V: Authorization
The City Manager, 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 initiate or terminate drought or other water supply emergency response measures as described in this Plan.

Section VI: Application
The provisions of this Plan shall apply to all persons, customers, and properly utilizing water provided by the City of Alamo. 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 future or alternative uses.

Customer: any person, company, or organization using water supplied.by the City of Alamo.

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: writer 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 or 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 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 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 m1y 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, 5,7or 9

Section VIII: 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 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 notification on utility bill and publication in a newspaper of general circulation and signs posted in public places.

The triggering criteria described below me based on lack of sufficient water for continued normal use considering future supply.

Stage 1 Triggers– 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, annually, beginning on May I through September 30.

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 consecutive days.

Stage 2 Triggers– MODERATE Water Shortage Conditions

Requirements for initiation
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section IX of this Plan when the daily water use equals or exceeds 85% of treatment capacity for seven consecutive days or if conditions of the Rio Grande River warrant this action.

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 seven consecutive clays. Upon termination of Stage 2, Stage 1 become operative.

Stage 3 Triggers -SEVI RE 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 the daily water use equals or exceeds 95% of treatment capacity for seven consecutive days and/or reservoir levels continually recede on a daily basis and remain below 75% of storage capacity for forty-eight consecutive hours, and/ or water pressure below 20 psi occur in the distribution system.

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 seven consecutive days. Upon termination of Stage 3, Stage 2 becomes operative.

Stage 4 Triggers– 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 daily water use equals or exceeds 120% of treatment capacity for three consecutive days and/or the reservoir levels continually recede on a daily basis and remain below 50% storage capacity for twenty-four consecutive hours and/or water pressure below 20 psi in the distribution system and the City Manager determines that such conditions are a hazard to public health and safety. Critical drought or system limitation conditions will be in effect upon the occurrence of limitations on the availability of raw water for prolonged periods and the City Manager determines that such conditions are a hazard to public health and safety.

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 seven consecutive days. Upon termination of Stage 4, Stage 3 becomes operative.

Stage 5 Triggers– 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 City Manager, or his/her 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).c

Requirements for termination

Stage 5 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven consecutive days.

Stage 6 Triggers ··WATER ALLOCATION

Requirements for initiation
Customers shall be required to comply with the water allocation plan prescribed in Section IX of this
Plan and comply with the requirements and restrictions for Stage 5 of this Plan when system facility capacity limitations are exceeded.

Requirements for terminiation
– Water allocation may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of three consecutive days.

Section IX: Drought Response Stages
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 VIII of this Plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:

Notifications

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, direct mail to each customer,
• public service announcements, city’s website, social media outlets
• code red,
• signs posted in public places.

Additional Notification:
The City Manager or his/ her designee shall notify directly, or cause to be notified directly, the following individuals and entities:
• Board of Commissioners
• Fire Chief
• City and/or County Emergency Management Coordinator(s)
• County Judge & Commissioner(s)
• State Disaster District I Department of Public Safety
• TCEQ (required when mandatory restrictions are imposed)
• Major water users

Stage 1 Response··MILD Water Shortage Conditions
Target: Achieve a voluntary five percent reduction in average daily water demand.
Best Management Practices for Supply Management: Reduce flushing of water mains.
Voluntary Water Use Restrictions for Reducing Demand:
(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 8:00p.m. to midnight on designated watering days.
(b) All operations of the City of Alamo 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 Response– MODERATE Water Shortage Conditions
Target: Achieve a 7.5 percent reduction in average daily water demand.
Best Management Practices for Supply Management: Reduce flushing of water mains.
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 8:00p.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 fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Alamo.

(f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering clays 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 Alamo, 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 arc defined as non-essential and are prohibited:
1. wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or – other hard-surfaced areas;
2. use of water to wash clown 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 Response — SEVERE Water Shortage Conditions

Target: Achieve a ten percent reduction in average daily water demand.
Best Management Practices for Supply Management: Measures to be implemented by the City of Alamo in efforts to manage limited water supplies and/or reduce water demand are to reduce or discontinue flushing of water mains, reduce or discontinue irrigation of public landscaped areas, as well as the use of an alternative supply source.

Water Use Restrictions for Demand Reduction
:
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 Alamo.

(c) The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.

Stage 4 Response–CRITICAL Water Shortage Conditions

Target: Achieve a 15 percent reduction in average daily water demand.
Best Management Practices for Supply Management: Measures to be implemented by the City of Alamo in efforts to manage limited water supplies and/ or reduce water demand to reduce or discontinue flushing of water mains, reduce or discontinue irrigation of public landscaped areas, as well as the use of alternative supply sources.

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 6:00a.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 I 0:00 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 are 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.

Stage 5 Response– EMERGENCY Water Shortage Conditions
Target: Achieve a 25 percent reduction in average daily water demand.
Best Management Practices for Supply Management: Measures to be implemented by the City of Alamo in efforts to manage limited water supplies and/or reduce water demand are to discontinue flushing of water mains and fire hydrants, as well as discontinue irrigation of public landscaped areas.

Water Use Restrictions for Reducing Demand
. All requirements of Stage 2, 3, and 4 shall remain in
(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.

Stage 6 Response– 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:

Single-Family Residential Customers

The allocation to residential water customers residing in a single-fi1mily dwelling shall be as follows:

Persons per Household Gallons per Mouth
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 Alamo of a greater number of persons per household on a form prescribed by the City Manager. The City Manager shall give his/her 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 Alamo 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 City of Manager. 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 Alamo 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 Alamo in writing within two (2) days. In prescribing the method for claiming more than two (2) persons per household, the City Manager 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 Manager of a reduction in the number of person in a household shall be fined not less than $100.00.

Residential water customers shall pay the following surcharges:

$1.50 for the first 1000 gallons over allocation.
$2.00 for the second 1000 gallons over allocation.
$2.50 for the third 1000 gallons over allocation.
$3.00 for each additional 1000 gallons over allocation.

Surcharges shall be cumulative.

Master-Metered Multi-Family Residential Customer’s

The allocation to a customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (example: apartments, mobile homes) shall be allocated 6,000 gallons 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 Alamo of a greater number on a form prescribed by the City Manager. The City Manager shall give his/her best effort to see that such forms are mailed, otherwise provided, or made available to every such customer. If, however, a customer does not receive such a form, it shall be the customer’s responsibility to go to the City of Alamo offices 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 on the form prescribed by the City Manager. If the number of dwelling units served by a master meter is reduced, the customer shall notify the City of Alamo in writing within two (2) days. In prescribing the method for claiming more than two (2) dwelling units, the City of Alamo 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 Alamo of a reduction in the number of person in a household shall be fined not less than $100.00. Customers billed from a master meter under this provision shall pay the following monthly surcharges:
$1.50, for 1,000 gallons over allocation up through 1,000 gallons for each dwelling unit.
$2.00, thereafter, for each additional 1,000 gallons over allocation up through a second 1,000 gallons for each dwelling unit.
$2.50, thereafter, for each additional 1,000 gallons over allocation up through a third 1,000 gallons for each dwelling unit.
$ 3.00, thereafter for each additional 1,000 gallons over allocation.

Surcharges shall be cumulative.

Commercial Customers

A monthly water allocation shall be established by the City Manager, or his/her 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 SO 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 average for the period for which there is a record shall be used for any monthly period for which no history exists. The City Manager shall give his/her 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 Alamo to determine the allocation. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased it; (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 Board of Commissioners. Nonresidential commercial customers shall pay the following surcharges:
Customers whose allocation is 0 gallons through 19,999 gallons per month:

$1.75 per thousand gallons for the first 1,000 gallons over allocation.
$2.00 per thousand gallons for the second 1,000 gallons over allocation.
$2.25 per thousand gallons for the third 1,000 gallons over allocation.
$2.50 per thousand gallons for each additional 1,000 gallons over allocation.
Customers whose allocation is 20,000 per month or more:
1.1 times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation.
1.3 times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation.
1.5 times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation.
I.7 times the block rate for each 1,000 gallons more than 15 percent above allocation.

Commercial Customers

A monthly water allocation shall be established by the City Manager, or his/her 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 SO 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 average for the period for which there is a record shall be used for any monthly period for which no history exists. The City Manager shall give his/her 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 Alamo to determine the allocation. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased it; (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 Board of Commissioners. Nonresidential commercial customers shall pay the following surcharges:

Customers whose allocation is 0 gallons through 19,999 gallons per month:
$1.75 per thousand gallons for the first 1,000 gallons over allocation.
$2.00 per thousand gallons for the second 1,000 gallons over allocation.
$2.25 per thousand gallons for the third 1,000 gallons over allocation.
$2.50 per thousand gallons for each additional 1,000 gallons over allocation.

Customers whose allocation is 20,000 per month or more:
1.1 times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation.
1.3 times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation.
1.5 times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation.
I.7 times the block rate for each 1,000 gallons more than 15 percent above allocation.
The surcharges shall be cumulative. As used herein, “block rate” means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation.

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 90 percent 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 85 percent of the customer’s water usage baseline. The industrial customer’s water use baseline will be computed on the average water use for the 6 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 6 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The City Manager shall give his/her 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 City of Alamo 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, (I) if the designated period does not accurately reflect the customer’s normal water use because the customer had shut down 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 shut down 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 Board of

Commissioners. Industrial customers shall pay the following surcharges:

Customers whose allocation is 0 gallons through 49,999 gallons per month:
$1.50 per thousand gallons for the first 1,000 gallons over allocation.
$2.00 per thousand gallons for the second 1,000 gallons over allocation.
$2.50 per thousand gallons for the third 1, 000 gallons over allocation.
$3.00 per thousand gallons for each additional 1,000 gallons over allocation.

Customers whose allocation is 50,000 gallons per month or more:

1.1 times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation.
1.3 times the block rate for each 1,000 gallons from 5 percent through I 0 percent above allocation.
1.5 times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation.
1.7 times the block rate for each 1,000 gallons more than
15 percent above allocation.

The surcharges shall be cumulative. As used herein, “block rate” means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation.

Section X: Enforcement

(a) No person shall knowingly or intentionally allow the use of water from the City of Alamo for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in <Ill amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the City Manager, or his/her designee, in accordance with provisions of this Plan.

(b) Any person who violates this Plan 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 Onethousand dollars ($1,000.00). Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, 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 areconnection charge, hereby established at $25.00, and any other costs incurred by the City of Alamo 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 plan may also be sought through injunctive relief in the district court.

(c) Any person, including a person classified as a water customer of the City of Alamo, 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 Alamo., 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 the Alamo Municipal Court on the date shown on the citation for which the date shall not be less than 3 clays nor more than 5 days from the elate 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 1m 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 the Alamo 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 the Alamo 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 the Alamo Municipal Court before all other cases.

Section XI: Variances

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:

(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 Alamo 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:

(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.
(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 Alamo shall be subject to the following conditions, unless waived or modified by the City Manager or his/her 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 XII: Severability

It is hereby declared to be the intention of the City of Alamo Board of Commissioners that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance 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 of Alamo Board of Commissioners without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section.