§ 47-254. Stage four water shortage; exceptional conditions; mandatory rationing of city water targeted to reduce overall water use by 35 percent.

(a)

A stage four water shortage is a period of time that begins when, upon the finding of the director of an exceptional shortage, and the recommendation of the mayor, the city council declares a stage four water shortage upon finding that one or more of the following conditions exist that may impact all or a portion of the city's water supply system:

(1)

Combined total storage of surface water supply is less than 12 months, based on a calculated projection of monthly production of city water that includes historic production and information provided by customers;

(2)

Combined total storage of surface water supply is less than six months, based on a calculated projection of current water production for the most recent 24-hour period;

(3)

Current water production is 90 percent of the available treatment capacity; or

(4)

Water pressure readings of 35 pounds per square inch or less throughout all or material portions of the city's treated water distribution system.

(b)

The declaration may cover all or a portion of the city's water supply system and shall be in writing and filed with the city secretary. The declaration shall state that the city's overall water use reduction goal during a stage four water shortage is 35 percent. A stage four water shortage ends when, upon the recommendations of the director and the mayor, the city council finds that the exceptional conditions leading to the declaration either no longer exist or have been mitigated, and the city council files a written declaration to that effect with the city secretary.

(c)

City departments' water use reduction plans shall be implemented immediately upon the declaration of a stage four water shortage period and shall remain in effect until the conclusion of the water shortage period.

(d)

During a stage four water shortage, the following acts or omissions shall be unlawful:

(1)

All outdoor use;

(2)

Use of more than 4,000 gallons of city water per month by single-family residential customers;

(3)

Use of more than 4,000 gallons of city water per month (used per unit, as provided in section 47-71 of this Code) by multifamily residential customers; and

(4)

For all customers other than residential customers, failure to reduce use of city water by 15 percent of baseline usage, or any other percentage if recommended by the director and adopted by city council in the stage four water shortage declaration.

(e)

During a stage four water shortage, the director may authorize a ten percent rate reduction for water usage to customers for reductions of city water use by 20 percent or more than those restrictions set forth in subsection (d) , except that the ten percent rate reduction shall not be available to customers whose average monthly usage during the preceding 12-month period was less than 4,000 gallons. The rate reduction for water usage shall be effective for the duration of the existing water shortage period.

(f)

Immediately upon the declaration of a stage four water shortage, the city may claim force majeure to all of its existing water service contracts consistent with the terms of such water service contracts and in accordance with applicable state law.

(Ord. No. 2012-997, § 2(Exh. A), 11-14-2012)