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ORDINANCE NO. -~~~s~--~
AN ORDINANCE AMENDING CHAPTER 35, WATER AND
SEWERS, OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY PROVIDING FOR THE
PROMULGATION, IMPLEMENTATION, ENFORCEMENT, AND
DURATION OF AN EMERGENCY WATER MANAGEMENT
PLAN; BY PROVIDING FOR THE TEMPORARY
DISCONTINUANCE OF WATER SERVICE FOR
CONSTRUCTION, MAINTENANCE, OR EMERGENCY
REASONS; BY REQUIRING ADEQUACY OF SUPPLY
BEFORE SERVICE MAY BE PROVIDED; BY
ESTABLISHING NON ESSENTIAL WATER USE
RESTRICTIONS; 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; 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 Chapter 35, "Water and Sewers", of the Code of the City
of Fort Worth (1986), as amended, is hereby further amended by
adding a new Section 35-23, which shall be and read as follows:
"SEC. 35-23 EMERGENCY AUTHORITY.
(a) Purpose and scope The purpose of this section is to
establish the city's policy in the event of shortages or
delivery limitations in the city's water supply. This
section applies to:
(1) all persons and premises within the city using water
from the water system;
(2j ;all retail customers who live in unincorporated
`areas within the city's extraterritorial
jurisdiction and are served by the water system;
and
(3) all wholesale service customers outside the city
to the extent provided in Subsection (i).
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(b) Emercrency water management plan. The emergency
management plan is attached hereto as Exhibit "A"
and is incorporated herein by reference.
(c) Authority. The city manager is authorized to implement
measures prescribed when required by this section and by
the emergency water management plan approved by the city
council. The director is authorized to enforce the
measures implemented and to promulgate regulations, not
in conflict with this section or state and federal laws,
in aid of enforcement.
(d) Implementation of emergency order. The director, upon
determination that the conditions of a water emergency
exists, shall advise the city manager. The city manager
may order that the appropriate state of emergency
response, as detailed in the emergency water management
plan, be implemented. To be effective, the order must be:
(1) made by public announcement; and
(2) published in a newspaper of general circulation in
the city within 24 hours after the public
announcement, which order becomes immediately
effective upon publication.
(e) Duration of order; chancre; extension. The order can be
made effective for up to, but not more than, 60 days from
the date of publication. Upon recommendation of the
director, the city manager may upgrade or downgrade the
state of emergency when the conditions triggering that
stage occur. Any change in the order must be made in the
same manner prescribed in Subsection (d) for implementing
an emergency order. The city council may, upon the
recommendation of the city manager and the director,
extend the duration of the emergency order for additional
time periods, not to exceed 120 days each. The city
manager shall terminate the order in the manner
prescribed in Subsection (d) for implementing an
emergency order when the director determines that the
conditions creating the emergency no longer exist.
(f) Violation of section. A person commits an offense if he
knowingly makes, causes or permits a use of water
contrary to the measures implemented by the city manager
as prescribed in the emergency water management plan. For
purposes of this subsection, it is presumed that a person
has knowingly made, caused or permitted a use of water
contrary to the measures implemented if the mandatory
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measures have been formally ordered consistent with the
terms of Subsection (d) and:
(1) the manner of use has been prohibited by the
emergency water management plan.
(2 ) the amount of water used exceeds that allowed by the
emergency water management plan; or
(3) the manner or amount used violates the terms and
conditions of a compliance agreement made pursuant
to a variance granted by the director under
Subsection (g).
(g) Variances. During the times the emergency order is
operative, the director may grant variances in special
cases to persons demonstrating extreme hardship and need.
The director may grant variances only under the following
circumstances and conditions:
(1) the applicant must sign a compliance agreement on
forms provided by the director, and approved by the
city attorney, agreeing to use the water only in
the amount and manner permitted by the variance;
(2) granting of a variance must not cause an immediate
significant reduction in the city's water supply;
(3) the extreme hardship or need requiring the variance
must relate to the health, safety or welfare of the
person requesting it; and
(4 ) the health, safety and welfare of other persons must
not be adversely affected by granting of the
variance.
(h) Revocation of variances. The director may revoke a
variance granted when he determines that:
(1) the conditions of Subsection (g) are not being met
or are no longer applicable;
(2) the terms of the compliance agreement are being
violated; or
(3) the health, safety or welfare of other persons
requires revocation.
(i) Wholesale service to customers outside the city. The
director shall advise customers receiving wholesale water
service from the city of actions taken under the
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emergency water management plan. The director may
restrict 'service to customers outside the city as
permitted under the contract and state law.
(j) Authority under other laws. Nothing in this section shall
be construed to limit the authority of the mayor, the
city council or the city manager to seek emergency relief
under the provisions of any state or federal disaster
relief act."
Section 2.
That Chapter 35, "Water and Sewers", of the Code of the City
of Fort Worth (1986), as amended, is hereby further amended by
adding a new section 35-24, which shall be and read as follows:
"SEC. 35-24 ADEQUACY OF SUPPLY.
(a) City supply must be adequate. Under no circumstances
shall water be furnished by the city to any applicant or
customer unless the supply of the city is adequate. In
cases of emergency, priority of users of the city's water
supply shall be determined by the director, subject to
the requirements of state law and Section 35-23.
(b) Revisions. The city council may from time to time, upon
recommendation of the city manager and the director, make
revisions in the emergency water management plan approved
under Section 35-23(b) if prudent conservation requires
the revisions."
Section 3.
That Chapter 35, "Water and Sewers", of the Code of the City
of Fort Worth (1986), as amended, is hereby further amended by
adding a new Section 35-25, which shall be and read as follows:
"SEC.35-25 TEMPORARY DISCONTINUANCE FOR CONSTRUCTION,
MAINTENANCE OR EMERGENCY REASONS.
(a) Reasons for temporary discontinuance. The director is
authorized to temporarily discontinue service to premises
for the following reasons:
(1) when a main break or other failure in the water or
wastewater systems could injure persons, private or
city property, or other parts of the systems;
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(2 ) to perform routine maintenance or repair to any part
of the water or wastewater systems;
(3) to perform emergency maintenance or repair to any
part of the water or wastewater systems;
(4) in other cases of emergency, when necessary to
protect the general health, safety or welfare of
persons; or
(5) to make a connection to a newly constructed or
relocated water or wastewater main.
(b) Responsibilities upon temporary discontinuance. In all
cases of temporary discontinuance, the director must
restore service as soon as is practical and must take all
reasonable steps necessary to protect the public health
and safety under the circumstances."
Section 4.
That Chapter 35 "Water and Sewers", of the Code of the City of
Fort Worth (1986), as amended, is hereby further amended by adding
a new Section 35-26, which shall be and read as follows:
"SEC. 35-26 NON-ESSENTIAL WATER USE RESTRICTIONS
The following restrictions shall apply to all customers of or
persons who receive water from the city water supply:
(a) The following uses of water are defined as
"wasting water" and are strictly prohibited:
(1) Permitting or causing water to flow, spray, or
otherwise move or be discharged from the premises
of any person responsible for any property within
the corporate limits of the city to or upon any
street, alley, or other public right-of-way, ditch
or drain, unless same is caused as a result of
weather conditions or such other uncontrollable
events.
(2) Failing to repair a leak in a private plumbing
system or in an irrigation system within five
working days of the discovery or notification of
same.
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b.) When referred to in this paragraph, "swimming pool"
shall mean any portable or permanent structure
containing or holding a body of water twenty-four
(24) inches or more in depth and containing one
thousand (1,000) gallons or more of water and
intended for recreational purposes, including a
wading pool. All swimming pools which are
constructed 60 days after the effective date of
this ordinance shall be equipped with filtration,
pumping and recirculation systems which provide for
recycling of filter backwash water.
Section 5.
That any person 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 One
Thousand ($1,000) ;for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
Section 6.
Should any portion, section or part of a section of this
Ordinance be declared invalid, inoperative or void for any reason
by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections or
parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
Section 7.
This ordinance shall be cumulative of all other
ordinances and appropriations except in those instances where the
provisions of this ordinance are in direct conflict with other
ordinances and appropriations, in which instances said conflicting
provisions are hereby expressly repealed.
6.
Section 8.
That this ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so
ordained.
APPROVED AS TO FORM D LEGALITY
City Attorney
Dated : s , ~ L
ADOPTED: r° p~~-f ' ~~f
EFFECTIVE : ~ °~ ~~ 7"
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Cry of Fort Worth, Texas
Mayor and Council C,ommunicat~on
DATI3
05/24/94 R8FBR8NC~ NUMBER
~**G10669 LOG NAME
60DEMAND PAGS
1 of 1
SUBJECT WATER CONSERVATION AND EMERGENCY WATER DEMAND MANAGEMENT
ORDINANCE AND PLAN
RECOMMENDATION
It is recommended that the City Council approve the attached ordinance and emergency water
management plan which encourage water conservation efforts
DISCUSSION
A Water Conservation 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 (TWDB) Approval of
the plan by the TWDB was required as a condition for accepting state loan funds for wastewater
construction
A version of the subject draft ordinance was included with the Water Conservation Plan, as
required by the TWDB This ordinance was ready for City approval if a water shortage occurred,
but has never been adopted It would be prudent to adopt the subject ordinance and plan so
they would be ready for use in case a drought condition occurs, or if a water system failure
occurs creating a water shortage condition
The ordinance also contains a new section on non-essential water use restrictions Since our
water is a finite resource not to be wasted, it is proposed to prohibit flagrant discharge of water
from properties for such actions as lawn watering and failure to repair a private plumbing leak
Recirculation systems for recycling of filter backwash water will be required for all new
swimming pools
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that,.no expenditure of City funds will be required to
implement this recommendation
MGI
Submitted for City Manager's FUND ACCOUNT CSNTSR AMOUN'P CITY SSCRSTARY
Office by (to)
Mike Groomer 6140 ~ ~q~~~~~
Originating Department Head ~D
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Richard Sawey 8207 (from)
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For Additional Information ~' •
Contact ~¢J ~'~-~,,,,>
Cit
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Richard Sawey a2o7 q
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Adopted Ordinance No.l~~!~~ ~ Printed on recycled paper