CHAPTER 51: WATER

Section
Connections
51.01 Connection; permission required
51.02 Disconnection; removal of meter
51.03 Water theft; right of prosecution

Billing and Collection
51.15 Shut-off for delinquent payment
51.16 Unpaid charges a lien
51.17 Notice of foreclosure
51.18 Foreclosure action

Drought Contingency Plan
51.30 Adoption
51.31 Purpose
51.32 Public involvement; customer education
51.33 Coordination with regional water planning groups
51.34 City Manager; implementation
51.35 Application
51.36 Drought response stages; initiation and termination criteria
51.37 Drought response stages; action
51.38 Pro rata water allocation
51.39 Enforcement; surcharges
51.40 Variances
Cross-reference:
Water and Sewer Lines; Extensions Beyond City Limits, see §§ 50.15 et seq.
Water and Sewer Rates and Charges, see §§ 50.30 et seq.

CONNECTIONS

§ 51.01 CONNECTION; PERMISSION REQUIRED.
No persons, firm, or corporation may make any connections to waterworks of the city without the
permission of the city.
(Prior Code, § 21-24) Penalty, see § 10.99

§ 51.02 DISCONNECTION; REMOVAL OF METER.
Whenever any connection to the water system the city has abandoned, causing the building to which
the water connection is made has been abandoned, destroyed, or removed, the City Manager may remove the water meter and any pipe or connections in the public right-of-way or easement and cap, plug, or otherwise seal the pipe or main. Before taking any such steps the City Manager shall notify the owner of the real estate, if the owner’s name and address are known, and shall notify the person shown on the last real estate tax records as having paid taxes on the property the last time taxes were paid. This notice shall be made by mail, at least 30 days before action is taken under this section. If water is leaking, the City Manager shall take immediate action and send the notice within three working days after the action is taken.
(Prior Code, § 21-23)

§ 51.03 WATER THEFT; RIGHT OF PROSECUTION.
The city reserves the right to bring penal charges with punishments as set forth in § 10.99 of this code
for any person who may be stealing water from the city by bypassing the meter, tampering with the meter, turning on the meter after it has been turned off by the city, or by any other means.
(Prior Code, § 21-25)

BILLING AND COLLECTION

§ 51.15 SHUT-OFF FOR DELINQUENT PAYMENT.
The water supply may be shut off from any premises of which the water bill remains unpaid for a
period of ten days after the bill is rendered and mailed. When shut off, water shall not be turned on except upon the payment of the usual fee for turning on water, and for the payment of all past due amounts.
(Prior Code, § 21-19) Penalty, see § 10.99

§ 51.16 UNPAID CHARGES A LIEN.
Charges for water shall be a lien upon the premises. Whenever a bill for water service remains unpaid
60 days after it has been rendered, the City Secretary may file with the County Clerk a statement of the lien claim, including a legal description of the premises, the amount of the unpaid bill, and the notice that the city claims its lien for the amount owed as well as for all charges for water served subsequent to the period covered by the bill.
(Prior Code, § 21-20)

§ 51.17 NOTICE OF FORECLOSURE.
If the consumer of water whose bill is unpaid is not the owner of the premises, and the Clerk has notice
of this, then the notice shall be mailed to the owner of the premises, if his or her address is known to the
City Manager, whenever such a bill remains unpaid for a period of 60 days after it has been rendered. The failure of the City Manager to file or to record the lien, and to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for unpaid water bills as mentioned in the following section.
(Prior Code, § 21-21)

§ 51.18 FORECLOSURE ACTION.
Property subject to a lien for unpaid water charges shall be sold for nonpayment of the same and the
proceeds of the sale shall be applied to pay the charges, after deducting the cost, as in the case of the
foreclosure of statutory liens. This foreclosure shall be in the name of the city and the City Attorney is
hereby authorized and directed to institute these proceedings in the name of the city in any court having
jurisdiction over these matters, against any property for which a water bill has remained unpaid 60 days
after it has been rendered.
(Prior Code, § 21-22)

DROUGHT CONTINGENCY PLAN

§ 51.30 ADOPTION.
The city drought contingency plan set forth in this subchapter is adopted as the official policy of the
city.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.31 PURPOSE.
In order to conserve the available water supply and to protect the integrity of water supply facilities,
with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve
public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city adopts the following drought contingency plan.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.32 PUBLIC INVOLVEMENT; CUSTOMER EDUCATION.
(A) Public involvement. Opportunity for the wholesale customers to provide input into the preparation of the plan was provided by the city by means of public notices.

(B) Wholesale water customer education. The city will periodically provide wholesale water customers with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of providing a copy of the plan.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.33 COORDINATION WITH REGIONAL WATER PLANNING GROUPS.
The water service area of the city is located within the Brazos River Authority, and the city has
coordinated with the Brazos River Authority through the Bluebonnet Water Supply Corporation by
providing copies to each.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.34 CITY MANAGER; IMPLEMENTATION.
The City Manager, or his or her designee, is hereby authorized and directed to implement the applicable provisions of this plan upon determination that its implementation is necessary to protect public health, safety, and welfare. The City Manager, or his or her designee, shall have the authority to initiate or terminate drought or water supply emergency response measures as described in this plan.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.35 APPLICATION.
The provisions of this plan shall apply to all customers utilizing water provided by the city.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.36 DROUGHT RESPONSE STAGES; INITIATION AND TERMINATION CRITERIA.
(A) The City Manager, or his or her designee, shall monitor water supply and demand conditions on
a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the
plan. Customer notification of the initiation or termination of drought response stages will be made by
mail or telephone. The news media will also be informed.

(B) The triggering criteria described below are based on a statistical analysis of the vulnerability of
the water source under drought of record conditions.

(1) Stage 1; mild water shortage conditions.

(a) Requirements for initiation. The city will recognize that a mild water shortage condition exists when:

1. Total water demand equals or exceeds 90% of the available water supply for four consecutive days; or

2. Total water demand equals or exceeds 95% of the available water supply for one day.

(b) 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 three consecutive days. The city will notify its wholesale customers and the media of the termination of Stage 1 in the manner as the notification of initiation of Stage 1 of the plan.

(2) Stage 2; emergency water shortage conditions.

(a) Requirements for initiation. The city will recognize that an emergency water shortage condition exists when the triggering criteria below occur:

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).

(b) 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 24 consecutive hours. The city will notify its wholesale customers and the media of the termination of Stage 2.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.37 DROUGHT RESPONSE STAGES; ACTION.
(A) The City Manager, or his or her designee, shall monitor water supply and demand conditions and,
in accordance with the triggering criteria set forth in § 51.36 above, shall determine that severe water
shortage conditions exist or that an emergency condition exists.

(B) The City Manager, or his or her designee, shall implement the following actions.

(1) Stage 1; mild water shortage conditions.

(a) Goal: achieve a voluntary 8% in daily water demand.

(b) Supply management measures:

1. Modify reservoir operation procedures; and

2. Search for alternate water sources.

(c) Demand management measures:

1. The City Manager, or his or her designee(s), will contact wholesale water customers to discuss water supply and demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use (e.g., implement Stage 1 of the customer’s drought contingency plan); and

2. The City Manager, or his or her designee(s), will provide a weekly report to news media with information regarding current water supply and demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices.

(2) Stage 2; emergency water shortage conditions. Whenever emergency water shortage conditions exist as defined in § 51.36 of this code, the City Manager shall:

(a) Assess the severity of the problem and identify the actions needed and time to solve the problem;

(b) Inform the board of directors or other responsible official of each wholesale water customer by telephone or in person and suggest actions, as appropriate, to alleviate problems (such as notification of the public to reduce water use until service is restored);

(c) If appropriate, notify city, county, and state emergency response officials for assistance;

(d) Undertake necessary actions, including repairs and clean-up as needed; and

(e) Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.38 PRO RATA WATER ALLOCATION.
In the event that the triggering criteria specified in § 51.36 of this code for Stage 2, severe water
shortage conditions, have been met, the City Manager is hereby authorized to initiate allocation of water
supplies on a pro rata basis in accordance with Tex. Water Code, § 11.039, and according to the following water allocation policies and procedures.

(A) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage
baseline. The percentage will be set by resolution of the City Council based on the City Manager’s
assessment of the severity of the water shortage condition and the need to curtail water diversions or
deliveries and may be adjusted periodically by resolution of the City Council as conditions warrant. Once
pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month.

(B) A monthly water usage allocation shall be established by the City Manager, or his or her designee,
for each wholesale customer. The wholesale customer’s water usage baseline will be computed on the
average water usage by month for the previous three-year period. If the wholesale water customer’s billing history is less than three years, the monthly average for the period for which there is a record shall be used for any monthly period for no billing history.

(C) The City Manager shall provide notice, by certified mail, to each wholesale customer informing
them of their monthly water usage allocations and shall notify the news media and the executive director
of the State Natural Resource Conservation Commission upon initiation of pro rata water allocation.

(D) Upon request of the customer or at the initiative of the City Manager, the allocation may be
reduced or increased if:

(1) The designated period does not accurately reflect the wholesale customer’s normal water
usage;

(2) The customer agrees to transfer part of its allocation to another wholesale customer; or

(3) 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.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.39 ENFORCEMENT; SURCHARGES.
(A) During any period when pro rata allocation of available water supplies is in effect, wholesale
customers shall pay the following surcharges on excess water diversions and deliveries:

(1) Two times the normal water charge per 1,000 gallons for water diversions or deliveries in excess of the monthly allocation up through 10% above the monthly allocation;

(2) Four times the normal water charge per 1,000 gallons for water diversions or deliveries in excess of the monthly allocation from 11% through 15% above the monthly allocation; and

(3) Eight times the normal water charge per 1,000 gallons for water diversions or deliveries more than 15% above the monthly allocation.

(B) The above surcharges shall be cumulative.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)

§ 51.40 VARIANCES.
(A) The City Manager, or his or her designee, may, in writing, grant a temporary variance to the pro
rata water allocation policies provided by this plan if it is determined that failure to grant that variance
would cause an emergency condition adversely affecting the public health, welfare, or safety and if one
or more of the following conditions are met:

(1) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect; or

(2) Alternative methods can be implemented which will achieve the same level of reduction in water use.

(B) Persons requesting an exemption from the provisions of this plan shall file a petition for variance
with the City Manager within five days after pro rata allocation has been invoked. All petitions for
variances shall be reviewed by the City Council, and shall include the following:

(1) Name and address of the petitioner(s);

(2) Detailed statement with supporting data and information as to how the pro rata allocation of
water under the policies and procedures established by the plan adversely affects the petitioner or what
damage or harm will occur to the petitioner or others if petitioner complies with this subchapter;

(3) Description of the relief requested;

(4) Period of time for which the variance is sought;

(5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date; and

(6) Other pertinent information.

(C) Variances granted by the City Council shall be subject to the following conditions, unless waived
or modified by the City Council or its designee:

(1) Variances granted shall include a timetable for compliance; and

(2) Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.

(D) No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to
the issuance of the variance.
(Res. passed 12-13-1999; Ord. 24-89A, passed 8-14-2000)