HomeMy WebLinkAbout2024-4509 - Ordinance - 04/25/2024ORDINANCE NO. 2024-4509
AN ORDINANCE AMENDING CHAPTER 40, “UTILITIES,” ARTICLE II, “WATER
AND SEWER SERVICES,” DIVISION 5 “DROUGHT CONTINGENCY AND WATER
EMERGENCY PLAN,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY REPEALING AND REENACTING DIVISION 5 “DROUGHT
CONTINGENCY AND WATER EMERGENCY PLAN” AS SET OUT BELOW;
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 40, “Utilities,” Article II, “Water and Sewer Services,” Division 5
“Drought Contingency and Water Emergency Plan,” of the Code of Ordinances of
the City of College Station, Texas, be repealed and reenacted as set out in Exhibit
“A” attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, business trust, estate, trust, partnership,
association and any other legal entity violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than twenty five dollars ($25.00) and not
more than five hundred dollars ($500.00) or more than two thousand dollars
($2,000) for a violation of fire safety, zoning, or public health and sanitation
ordinances, other than the dumping of refuse. Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. 2024-4509 Page 2 of 15
PASSED, ADOPTED and APPROVED this 25th day of April, 2024.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2024-4509 Page 3 of 15
EXHIBIT A
That Chapter 40, “Utilities,” Article II, “Water and Sewer Services,” Division 5 “Drought
Contingency and Water Emergency Plan,” of the Code of Ordinances of the City of College
Station, Texas, is hereby repealed and reenacted to read as follows:
Division 5: DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN
A. DECLARATION OF POLICY, PURPOSE, AND INTENT
To conserve the City of College Station’s available water supply and protect the integrity of
its water supply facilities, with 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 such as
equipment or system failures, the City of College Station 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 non-essential. 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 M (Enforcement) of this Plan. The Plan will
be reviewed and updated as necessary, at least every five (5) years.
B. AUTHORIZATION
The City Manager or their 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 their designee shall have the
authority to initiate or terminate drought stages or water supply emergency response measures
as described in this Plan.
C. APPLICATION
The provisions of this Plan shall apply to all persons, customers, and property utilizing potable
water provided by the City of College Station. The terms “person” and “customer” as used in
the Plan include individuals, corporations, partnerships, associations, and all other legal
entities. Utilization of a water source other than City of College Station potable water is exempt
from the provisions of this Plan.
D. COORDINATION WITH REGIONAL WATER PLANNING GROUP
The water service area of the City of College Station is located within the Brazos Region G
Regional Water Planning Group. The City of College Station has provided a copy of this Plan
to the Brazos Region G Regional Water Planning Group.
E. DEFINITIONS
For the purposes of this Plan, the following definitions shall apply:
ORDINANCE NO. 2024-4509 Page 4 of 15
1. Aesthetic water use: water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
2. 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.
3. 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.
4. Customer: any person, company, or organization using water supplied by the City of
College Station.
5. 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.
6. Essential water use: water necessary for firefighting, health and safety purposes; water
needed to sustain human and animal life; and water necessary to satisfy federal, state and
local public health, safety or environmental protection requirements.
7. Even number address: street addresses, box numbers, or rural postal route numbers ending
in 0, 2, 4, 6, or 8 and locations without addresses.
8. Foundation watering: an application of water to the soils directly abutting (within 2 feet)
the foundation of a building or structure.
9. Industrial water use: the use of water in processes designed to convert materials of lower
value into forms having greater usability and value.
10. 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.
11. Non-essential water use: water uses that are neither essential nor required for the protection
of public, health, safety, and welfare, including:
a. irrigation of landscaped areas, including parks, athletic fields, and golf courses, except
as 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 immediate
fire protection;
ORDINANCE NO. 2024-4509 Page 5 of 15
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);
i. use of water from hydrants for dust control; and
j. Use of water to operate a single-pass splash pad system.
12. Non-Potable Water: water that has not been treated to public drinking water standards.
13. Odd numbered address: street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
14. Production/Distribution Capacity: Capacity of operable wells and the flow from regional
interconnects.
15. Recycled or Reclaimed Water: Domestic or municipal wastewater which has been treated
to a quality suitable for a beneficial use.
F. PUBLIC EDUCATION
The City 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, public events, social media, and
similar methods.
G. PUBLIC INVOLVEMENT
Opportunity for the public to provide input into the preparation of the Plan is provided by the
City of College Station at a regularly scheduled City Council meetings.
H. NOTIFICATION
1. Notification of the Public: Public notification of the initiation or termination of drought
response stages shall be by means of online publication, as allowed by state or local laws
and ordinances, or publication in a newspaper widely circulated in College Station, and
public service announcements on local television and/or cable service. Additional methods
of public notification may include signs posted in public places, utility bill inserts, and
other means to be determined by the City.
2. Executive Director Notification: When mandatory restrictions are enacted with the
initiation of any stage found within this plan, the Executive Director of TCEQ will be
notified, at a minimum via telephone or email, within five (5) business days. When any
stage is rescinded, the Executive Director of TCEQ will again be notified, at a minimum
via telephone or via email, within five (5) business days.
ORDINANCE NO. 2024-4509 Page 6 of 15
I. YEAR-ROUND WATER USE MANAGEMENT AND CONSERVATION
This section establishes year-round water use management practices and applies year-round
regardless of Drought Stage. The purpose of year-round water use management is to raise
public and customer awareness of water demand conditions.
Voluntary Water Conservation Guidelines:
The peak season for water usage in College Station is the period from May 1 to September 30
and thus attention to water conservation in this period is critical to protecting valuable drinking
water resources. During this time, water customers are requested to voluntarily conserve water
and limit non-essential water uses. Water conservation practices are discussed in more detail
in the City of College Station’s Water Conservation Plan.
Permanent Water Use Restrictions:
To minimize water lost to evaporation and leaks, the following water use restrictions apply
year-round:
(1) Landscape irrigation using automatic in-ground or hose-end sprinkler systems is
prohibited between the hours of 10:00 A.M. and 6:00 P.M.
(2) The time restrictions in (1) above do not apply to:
(a) The irrigation of commercial plant nurseries.
(b) Irrigation using reclaimed water or other non-potable water sources.
(c) New landscape installation during planting and the first ten days after planting.
(d) The testing of new irrigation systems or existing irrigation systems being tested or
under repair.
(e) Irrigation using a hand-held bucket or hose equipped with a positive pistol grip
nozzle, pressure-washing system, or other device that automatically shuts off water
flow when the hose is not being held by the water user,
(f) Irrigation by drip irrigation or soaker hoses
(3) The following uses constitute a waste of water and are prohibited:
(a) Allowing water to run off a property or allowing water to pond in the street or
parking lot.
(b) Operating an irrigation system with sprinkler heads that are broken or out of
adjustment.
(c) Failure to repair a controllable leak(s) within a reasonable period after having been
given notice directing the repair of such leak(s).
(4) Ornamental fountains or ponds for aesthetic or scenic purposes must be equipped with
a recirculation device. This restriction does not apply to ornamental fountains or ponds
that use reclaimed water, non-potable water, or water provided by sources other than
the City.
J. TRIGGER CONDITIONS
ORDINANCE NO. 2024-4509 Page 7 of 15
The City Manager or their designee shall monitor daily water supply and/or demand conditions
on a regular basis. The City Manager, on recommendation of College Station Water Services,
shall determine when conditions warrant initiation or termination of each stage of the Plan,
that is, when the specified trigger conditions are reached. The triggering criteria described
below are based on emergency situations caused by high daily average water demand,
equipment or system failure, or a natural disaster. The trigger conditions also recognize that
the City of College Station uses groundwater as its water supply, and therefore, will likely be
constrained by system capacity before shortage of supply.
Water system interconnections may be utilized to provide water in emergency conditions,
provided there is not an additional emergency situation created by any water transfer. These
shared water resources shall be evaluated and/or implemented prior to initiation of each stage
of the Plan.
(1) Stage 1 – High Water Demand
(a) Requirements for initiation – Customers shall be required to comply with the
requirements and restrictions on non-essential water uses, as outlined herein in
Responses to Trigger Conditions, Stage 1, when:
(i) Average daily water consumption for seven (7) days reaches 85% of
production/distribution capacity of the City water system;
or
(ii) Emergency water supplied to the City of College Station through system
interconnections is curtailed or interrupted;
or
(iii)A mechanical failure occurs in the water production or distribution system that
reduces water production/delivery capacity.
(b) Requirements for termination – Stage 1 of the Plan may be rescinded by the City
Manager when seven (7) day average daily water demand drops below 85%
production/distribution capacity, or the water system is returned to fully operational
conditions. Upon termination of Stage 1, the standard condition of Year-Round Water
Use Management becomes operative.
(2) Stage 2 – Severe Water Demand
(a) Requirements for initiation – Customers shall be required to comply with the
requirements and restrictions on non-essential water uses, as outlined herein in
Responses to Trigger Conditions, Stage 2, when:
(i) The seven (7) day average water consumption reaches 90% of
production/distribution capacity of the system,
or
(ii) The City daily water consumption will not enable storage levels to be maintained
for fire protection.
(b) Requirements for termination – Stage 2 of the Plan may be rescinded by the City
Manager when the seven (7) day average water consumption decreases below 90%.
ORDINANCE NO. 2024-4509 Page 8 of 15
Upon termination of Stage 2, Stage 1 becomes operative as directed by the City
Manager.
(3) Stage 3 – Extreme Water Demand
(a) Requirements for initiation – Customers shall be required to comply with the
requirements and restrictions on non-essential water uses, as outlined herein in
Responses to Trigger Conditions, Stage 3, when:
(i) The 7 day average water consumption reaches 95% of production/distribution
capacity of the system,
or
(ii) The City daily water consumption will not enable storage levels to be maintained
for fire protection.
(b) Requirements for termination – Stage 3 of the Plan may be rescinded by the City
Manager when the seven (7) day average water consumption decreases below 95%.
Upon termination of Stage 3, Stage 2 becomes operative as directed by the City
Manager.
(4) Stage 4 – Water Supply Emergency
(a) Requirements for initiation – Customers shall be required to comply with the
requirements and restrictions on non-essential water uses, as outlined herein in
Responses to Trigger Conditions, Stage 4, when:
(i) The City water system is contaminated, whether accidentally or intentionally. A
Water Supply Emergency condition is reached immediately upon detection.
or
(ii) The City water system fails for any reason. A Water Supply Emergency condition
is reached immediately upon detection.
(b) Requirements for termination – Stage 4 of the Plan may be rescinded by the City
Manager with TCEQ guidance when the condition(s) listed above as triggering events
have ceased to exist. Upon termination of Stage 4, the previously initiated stage
becomes operative as directed by the City Manager.
K. RESPONSES TO TRIGGER CONDITIONS
The City shall monitor water supply and/or demand conditions on a daily basis and, in
accordance with the triggering criteria set forth herein, shall determine that a high, severe,
extreme, or emergency condition exists and shall implement the following actions upon notice
as provided herein:
(1) Stage 1 – High Water Demand
The goal for Stage 1 of the Plan is to achieve a 5% reduction in daily water demand and
maintain average daily water demand below eighty-five percent (85%) of system capacity.
ORDINANCE NO. 2024-4509 Page 9 of 15
If the City Manager enacts Stage 1, the following water use restrictions shall apply to all
customers using water provided by the City, in addition to the Year-Round Water Use
Restrictions:
(a) Transmission of flow through interconnects to other water utilities requires City
Manager approval.
(b) Water customers are required to participate in the Stage 1 Watering Schedule for non-
essential water use. Non-essential water use shall only occur on designated outdoor
watering days, which will be no more than twice each week. The Stage 1 Watering
Schedule will be determined and distributed each year by the City.
(c) Non-essential water use is permitted:
(i) From 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight on a
customer’s designated watering day
(d) The time of day restrictions do not apply to:
(i) The irrigation of commercial plant nurseries.
(ii) Irrigation using reclaimed water.
(iii)The testing of new irrigation systems or existing irrigation systems being tested or
under repair.
(iv) Irrigation using hand-held hoses equipped with a positive pistol grip nozzle or other
device that automatically shuts off water flow when the hose is not being held by
the water user, by drip irrigation, by soaker hose, or by hand-held buckets.
(e) Irrigation of new landscapes is permitted according to the following schedule:
(i) During planting and the first ten days after installation, once per day;
(ii) Day 11 through Day 20 after installation, once every other day;
(iii)Day 21 through Day 30 after installation, once every third day.
(f) The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes or other
vehicles is permitted:
(i) On designated watering days, from 12:00 midnight to 10:00 A.M. and from 6:00
P.M. to 12:00 midnight.
(ii) 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 rinses.
(iii)The washing of individual vehicles may be done at any time on the immediate
premises of a commercial car wash or commercial service station.
(iv) Further, this restriction does not apply to the washing of vehicles or any other type
of mobile equipment (such as garbage trucks and vehicles to transport food and
perishables) when the health, safety, and welfare of the public is contingent upon
frequent vehicle cleansing.
(g) Use of water for the irrigation of golf course greens, tees, and fairways is permitted
only on designated watering days. Such irrigation shall only occur from 12:00 midnight
to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight. These restrictions do not apply
ORDINANCE NO. 2024-4509 Page 10 of 15
to the irrigation of any golf course that uses reclaimed water, or other non-potable water
sources.
(2) Stage 2 – Severe Water Demand
The goal for Stage 2 of the Plan is to achieve a 5% reduction in daily water demand,
maintaining average daily water demand below ninety percent (90%) of system capacity.
If the City Manager enacts Stage 2, the following water use restrictions shall apply to all
persons:
(a) Supply Management Measures – The City will cease the flushing of water mains except
when necessary to maintain public health, safety, and welfare.
(b) Water Use Restrictions – All requirements of Stage 1 shall remain in effect during
Stage 2, with these additional water use restrictions:
(i) The use of permanently installed irrigation systems, drip irrigation systems, and
hose end irrigation is allowed one day per week. The Stage 2 Watering Schedule
will be determined and distributed each year by the City. Such water use may occur
only between the hours of 6:00 A.M. to 10:00 A.M. and 6:00 P.M. to 10:00 P.M.
on designated water use days.
(ii) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle is prohibited. This restriction does not apply to a commercial carwash or a
commercial service station or if washing is necessary to protect the health safety,
and welfare of the public.
(iii)Commercial plant nurseries may use only hand-held buckets, or hand-held hoses
equipped with a positive pistol grip nozzle, or other device that automatically shuts
off water flow when the hose is not being held by the water user.
All variances granted in a particular stage shall expire upon advancing to a more
restrictive Stage of the Plan.
(3) Stage 3 – Extreme Water Demand
The goal for Stage 3 of the Plan is to achieve a 5% reduction in daily water demand,
maintaining average daily water demand below ninety percent (95%) of system capacity.
If the City Manager enacts Stage 3, the following water use restrictions shall apply to all
persons:
(a) Supply Management Measures – All City departments will discontinue irrigating
public landscaped areas except when such areas are irrigated with reclaimed water, or
water source other than that provided by the City water system.
ORDINANCE NO. 2024-4509 Page 11 of 15
(b) Water Use Restrictions – All requirements of Stage 2 shall remain in effect during
Stage 3, with these additional water use restrictions:
(i) The use of permanently installed irrigation systems, drip irrigation systems, and
hose end irrigation is prohibited.
(ii) Non-essential water use is restricted to use of hand-held buckets, or hand-held hoses
equipped with a positive pistol grip nozzle, or other device that automatically shuts
off water flow when the hose is not being held by the water user.
(iii)Such water use may occur only between the hours of 6:00 A.M. to 10:00 A.M. and
6:00 P.M. to 10:00 P.M. on a single designated non-essential water use day each
week.
(iv) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of
mobile equipment not occurring on the immediate premises of a commercial car
wash or a commercial service station and not in the immediate interest of the
public health, safety, and welfare are prohibited.
(v) Commercial plant nurseries may use only hand-held buckets, or hand-held hoses
equipped with a positive pistol grip nozzle, or other device that automatically shuts
off water flow when the hose is not being held by the water user.
(vi) The filling, refilling, or adding of potable water to swimming or wading pools is
prohibited.
(vii) No new landscapes of any type may be installed.
(viii) Charity car washes are prohibited.
(ix) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is
prohibited except where necessary to support aquatic life. This restriction does not
apply to ornamental fountains or ponds that use reclaimed water, non-potable water,
or water sources other than the City water system.
All variances granted in a particular stage shall expire upon advancing to a more restrictive
Stage of the Plan.
(4) Stage 4 – Water Supply Emergency
The goal for Stage 4, Water Supply Emergency, is to rectify the emergency and return to
normal operating conditions as soon as possible.
In the event of an imminent or actual water supply emergency due to a loss of water supply
source (including contamination), system or equipment failure, or any other condition that
reasonably constitutes an emergency, the City Manager has the authority to initiate the
following Water Supply Emergency Responses:
ORDINANCE NO. 2024-4509 Page 12 of 15
(a) The City Manager may request assistance from the City of Bryan and Texas A&M
University in maintaining distribution system volume and pressure during the
emergency conditions.
(b) Effective immediately upon initiation of Stage 4, all non-essential water use shall be
discontinued.
(c) If water shortage or water emergency conditions threaten public health, safety, and
welfare, the City Manager, upon recommendation of the Water Services Director, may
order water rationing and/or terminate service to selected users of the system in
accordance with the following sequence:
(i) Recreational users,
(ii) Commercial users,
(iii)School users,
(iv) Residential users, and
(v) Hospitals, public health, and safety facilities.
(d) Public Notification:
If minimum health and safety standards for drinking water are not met during
emergency conditions, public service announcements on local television and radio
stations will be utilized to notify the public of the emergency conditions and response
measures. These response measures may include notifying the public of the need to
boil water, use bottled water, or use a designated alternate water source, as appropriate.
(e) Emergency Management Assistance:
The City may seek assistance through the local and/or State Emergency Management
Program.
L. WHOLESALE AGREEMENTS/CONTRACTS PROVISION
In the event that the Trigger Conditions specified by Stage 3 – Severe Water Shortage, or Stage
4 – Water Supply Emergency, of this Plan have been met, the City Manager is hereby
authorized to initiate allocation of water supplies to wholesale customers on a pro rata basis.
This stipulation applies to all existing and future wholesale water supply contracts or
agreements made with the City. The pro rata basis for water allocation to wholesale customers
will be made in accordance with the Texas Water Code §11.039 and as specified in 30 Texas
Administrative Code §288.22(a)(7).
M. ENFORCEMENT
(1) No person shall knowingly or intentionally allow the use of potable water from the City
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 stage in effect at the time pursuant to action taken by the City Manager in accordance
with provisions of this Plan.
ORDINANCE NO. 2024-4509 Page 13 of 15
(2) If a person is convicted of three or more distinct violations of this Plan, the City shall
provide written notice to the person of possible termination of water service. The notice
shall apprise the person of the possible termination of service, the reasons for such possible
termination, and afford the person an opportunity to present their objections to termination
in a hearing before the City Manager or the City Manager’s designee. The person shall
have not less than ten (10) days to present their objections. The notice shall also contain
the notice requirements described in TCEQ Commission Rules located in 30 Texas
Administrative Code §291.88(a), as it currently exists or as amended from time to time. If
after such hearing, the City Manager or the City Manager’s designee determines that
service will be terminated, services discontinued under such circumstances shall be
restored only upon payment of the reconnection charge, as established by City’s Code of
Ordinances, and any other costs incurred by the City in discontinuing service. In addition,
suitable assurance must be given to the City Manager or the City Manager’s designee, 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 a Texas district court.
(3) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall
be punished by a fine of not less than twenty five dollars ($25.00) and not more than five
hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of
fire safety, zoning, or public health and sanitation ordinances, other than the dumping of
refuse. 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 or the City Manager’s designee 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 a
re-connection charge, as established by the City’s Code of Ordinances, and any other costs
incurred by the City in discontinuing service. In addition, suitable assurance must be given
to the City Manager or the City Manager’s designee 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 a Texas district court.
(4) A City of College Station Police Officer, Code Enforcement Officer, or other authorized
employee designated by the City Manager may issue a citation or a summons to a person
they reasonably believe to be in violation of this Ordinance. The citation or summons shall
be prepared in duplicate and shall contain the name and address of the alleged violator, if
known, the date or dates of the violation, the location of the violation, the offense or
offenses charged, and shall direct the alleged violator to appear in the City of College
Station Municipal Court on the date shown on the citation or summons, for which the date
shall not be less than 3 days nor more than 5 days from the date the citation or summons
was issued. The alleged violator shall be served a copy of the citation or summons either
by hand-delivery or certified United States Postal Service mail, with return receipt
confirmation. Service of the citation or summons shall be complete upon delivery of the
citation or summons to the alleged violator, to an agent or employee of an alleged violator,
or to a person over 14 years of age who is a member of the alleged violator’s immediate
family or is a resident of the alleged violator’s residence. The alleged violator shall appear
in municipal court to enter a plea of guilty, no contest, or not guilty for the violation of this
ORDINANCE NO. 2024-4509 Page 14 of 15
Plan. If the alleged violator fails to appear in municipal court, a warrant for the alleged
violator’s arrest may be issued. A summons to appear may be issued in lieu of a citation
or an arrest warrant. These cases shall be expedited and given preferential setting in
municipal court before all other cases.
N. PRESUMPTIONS
(1) Any person, including a person classified as a water customer of the City, 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 they did not commit the
violation.
(2) 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. Any such
parent may be excused if they prove that they 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.
O. VARIANCES
The City Manager or the City Manager’s designee may, in writing, grant temporary variances
for existing water uses otherwise prohibited under this Plan if it is determined that failure to
grant such a variance would cause an emergency condition adversely affecting the health,
sanitation, or fire protection for the public or the person requesting such variance, or 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.
(2) Alternative methods can be implemented which will achieve the same level of reduction in
water use.
Persons or entities requesting an exemption from the provisions of this Ordinance shall file a
petition for variance with the City within five (5) business 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 the City Manager’s designee and shall include the following:
(a) Name and address of the petitioner(s),
(b) Location and 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 Plan,
(e) Description of the relief requested,
(f) Period of time for which the variance is sought,
ORDINANCE NO. 2024-4509 Page 15 of 15
(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) Estimated water savings, as a percentage (%) of normal monthly water use, while
operating under the variance requested, and
(i) Other information reasonably requested by the City.
(3) Variances granted by the City Manager or the City Manager’s designee shall be subject to
the following conditions, unless waived or modified by the City Manager or the City
Manager’s designee:
(a) Variances granted shall include a timetable for compliance, and
(b) Variances granted in a particular stage shall expire upon advancing to a more restrictive
stage of the Plan.
(c) Petitioners shall prominently display the variance granting document where it can be
read by the general public at all location(s) for which the variance applies, and make
said variance available to the public.
(d) Variances granted may be revoked by the City Manager or the City Manager’s designee
if the petitioner fails to meet the specific requirements set forth in the variance.
(e) No variance shall be retroactive or otherwise justify any violation of this Plan occurring
prior to the issuance of the variance.