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the customer's premises during the corresponding billing period of the <br />prior calendar year, such percentage to be determined by City Council <br />and set forth in the resolution declaring Level 3. There shall be no <br />restriction on the use of reclaimed water under this provision. <br />Section 12. Section 39-110 of the Santa Ana Municipal Code is hereby amended <br />such that it reads as follows: <br />Sec. 39-110. Implementation of water conservation phases. <br />(a) Each month the department shall monitor and evaluate the demand <br />for water by customers and the projected available supply. Upon determination of <br />potential or actual water shortage, the director of public works shall recommend <br />to the city council the extent of the conservation phase required by customers in <br />order for the department to prudently supply water to customers. <br />(b) The city council shall make findings of shortage and declare the <br />conservation phase by resolution. Said resolution shall specify the start date of <br />the conservation phase. The resolution shall be published once in a daily <br />newspaper of general circulation within the city and shall become effective <br />immediately upon such publication. <br />(c) The provisions of sections 39-107(3) and 39-108(4) and 39-109(4) <br />requiring curtailment in the use of water shall be effective the first full billing <br />period commencing on or after the date of such publication. <br />Section 13. Section 39-111 of the Santa Ana Municipal Code is hereby amended <br />such that it reads as follows: <br />Sec. 39-111. Exclusivity of penalties. <br />Notwithstanding any other provision of the Santa Ana Municipal <br />Code, the penalties set forth in section 39-112 for violations relating to the <br />curtailment in the use of water shall be exclusive and not cumulative with <br />any other section of this Code. <br />Section 14. Section 39-112 of the Santa Ana Municipal Code is hereby <br />amended such that it reads as follows: <br />Sec. 39-112. Enforcement and Penalties for Violation of Water Allocation <br />Requirements. <br />Violation by any customer of sections 39-107(3) and 39-108(4) and 39- <br />109(4) requiring curtailment in the use of water shall be penalized as follows: <br />Ordinance No. NS-XXX <br />11 A-7 Page 7 of 12 <br />