HomeMy WebLinkAboutOrdinance 13912;, _ ~~
ORDINANCE NO. ~ ~j q, ~ ~,
AN ORDINANCE AMENDING CHAPTER 35, WATER AND
SEWERS, OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY AMENDING SECTIONS 35-23(b)
AND 35-23(e); MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES, REPEALING ALL ORDINANCES AND
PROVISIONS OF THE CODE OF THE CITY OF FORT
WORTH IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; DIRECTING THE PUBLICATION
OF THE CAPTION, PENALTY CLAUSE AND THE EFFECTIVE
DATE OF THIS ORDINANCE, PROVIDING A PENALTY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1
That Section 35-23(b) of Chapter 35, Water and Sewers, of the Code of the Crty
of Fort Worth (1986), as amended, is hereby amended to be and read as follows
"SEC 35-23 EMERGENCY AUTHORITY
(b) Emergency water management plan. The emergency water
management plan is attached hereto as Exhibit A and is incor-
porated herein by reference."
SECTION 2
That Section 35-23(e) of Chapter 35, Water and Sewers, of the Code of the City
of Fort Worth (1986), as amended, is hereby amended to be and read as follows
"SEC 35-23 EMERGENCY AUTHORITY
(e) Duration of order; change. All initiated actions will
remain m effect until the conditions that triggered the order have been
eliminated. If the order is initiated because of excessive demands, all
initiated actions will remain m effect through September 30 of the year in
which they were triggered or until the city manager determines that
conditions exist which will allow removal of the order Upon
recommendation of the director, the city manager may terminate, upgrade
or downgrade the state of emergency when the conditions triggering that
stage occur Any change m the order must be made m the same manner
prescribed m Subsection (d) for implementing and emergency order "
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SECTION 3
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, m
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaimng phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
Crty Council without the incorporation m this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 5
Any person, firm or corporation who violates, disobeys, omits; neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Dollars ($1,000) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 6
The Crty Secretary of the Crty of Fort Worth, Texas, is hereby directed to publish
the caption and penalty clause of this ordinance for two (2) days in the official newspaper of
the Crty of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government
Code
SECTION 7
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and rt is so ordained.
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APPR ED AS TO FORM AND LEGALITY
L~
Assistant Ci Attorney
Date ~~1~
Adopted. P~ ~ y' -
Effective ~~~ `v1 q
City of Fort Worth, Texas
~1-~Ayar And Cauncll ammun~cAt~an
C
DATE REFERENCE NUMBER LOG NAME PAGE
8/24/99 G-12644 60MAN 1 of 2
SUBJECT WATER CONSERVATION AND EMERGENCY WATER MANAGEMENT PLANS
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached resolution adopting an amended water conservation plan, and
2 Approve the attached ordinance amendment to chapter 35, Water and Sewers, of the Code of the
City of Fort Worth, which updates the emergency water management plan and modifies the
requirements for duration of an emergency order
DISCUSSION
A Water Conservation and Drought Contingency Plan was initially approved by the City Council on July
28, 1987 (Resolution No 1249) The plan was amended in March, 1989 (Resolution No 1398) to
include several modifications requested by the Texas Water Development Board The City Council
approved an ordinance to implement requirements in the Water Conservation Plan, including an
emergency water management plan, on May 24, 1994 (M&C G-10669)
Recent legislation requires all public water systems to prepare a water conservation and drought
contingency plan Texas Natural Resource Conservation Commission (TNRCC) rules, adopted on
February 12, 1999, establish criteria and minimum requirements for such plans The commission rules
also require the plans to be submitted to the TNRCC by September 1, 1999 for large public water
suppliers
A revised water conservation and emergency water management plan has been prepared by Chiang,
Patel and Yerby, Inc., a consultant to the City The goal in the water conservation plan has been
changed to achieve an average conservation use level of 180 gallons per capita per day by the year
2050
The City's drought contingency plan is included in the emergency water management plan The
revised plan was coordinated with the Tarrant Regional Water District, the City's wholesale water
supplier, and the cities of Dallas and Arlington, in order to develop similar trigger conditions and specific
stages and restrictions for drought events Plan elements were presented to the public for their input at
a series of four public meetings, and to wholesale customers at an advisory committee meeting
A resolution is attached adopting an amended water conservation plan The attached ordinance
amends the Emergency Authority, Water and Sewers Section, of the City Code to include new
requirements in accordance with TNRCC rules
City of Fort Worth, Texas
~1-~Ayar And Caunc;l Cammun~cAt~an
DATE
$/24/99 REFERENCE NUMBER
G-12644 LOG NAME
60MAN PAGE
2 of 2
suB.JECT - WATER CONSERVATION AND EMERGENCY WATER MANAGEMENT PLANS
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action has no material effect on City funds
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 +PPROVED
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Originating Department Head: [[
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C f i i~ ®~ N
Lee Bradley, Jr 8207 (from) ~ ! if; ~~ ~ggg
Additional Information Contact: t.~
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City Secretary of the
Linda Brown 6030 City of Port 1dVorth, °~enaq
Adopted Resolution IVo, ~,SI;~
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