HomeMy WebLinkAboutOrd 503 Amending Chapter 94 Adding a Drought Contingency PlanTOWN OF WESTLAKE
ORDINANCE NO. 503
AN ORDINANCE AMENDING CHAPTER 94, UTILITIES, ARTICLE H, WATER;
WASTEWATER, OF THE TOWN OF WESTLAKE CODE OF ORDINANCES, BY
ADDING SECTION 94-33 DROUGHT CONTINGENCY PLAN; PROVIDING A
PENALTY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Board of Aldermen finds that conservation of water and protection of
water supplies is crucial to sustaining the quality of life of the residents and businesses of the
Town of Westlake; and
WHEREAS, the Town of Westlake's Wholesale Water Contract with the City of Fort
Worth requires that the Town of Westlake institute and apply the same rationing, conservation
measures, or restrictions to the use of water by Westlake customers for so long as any part of
Westlake's total water supply is being furnished by Fort Worth; and
WHEREAS, The Board of Aldermen desires to comply with the Fort Worth Wholesale
Water Contract and TCEQ regulations concerning drought contingency planning.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That a new Section 94-33 Drought Contingency Plan is added to Chapter
94, Article Il of the Town of Westlake Code of Ordinances to read as follows:
Sec. 94-33. Drought Contingency Plan
(a) Adoption
The Town of Westlake shall enforce drought contingency measures
stipulated by the City of Fort Worth via the Fort Worth Drought
Contingency Plan. Such measures will constitute the Town of Westlake
]Drought Contingency Plan.
(b) Implementation
The Town shall implement the Drought Contingency Plan
whenever required by the City of Fort Worth. The Town will provide
public notice of the effective dates any time a stage of the plan is elevated
or terminated by the City of Fort Worth at the next available regularly
scheduled meeting of the Board of Aldermen.
(c) Drought Contingency Plan Measures
1. Outdoor watering is prohibited between the hours of 10 a.m.
and 6 p.m.
2. Irrigation must not result in a substantial amount of water to
fall upon impervious areas instead of a lawn or landscape,
such that a constant stream of water overflows from the
lawn or landscape onto a street or other drainage area.
3. An irrigation system or other lawn watering device may not
operate during any form of precipitation.
4. An irrigation system with broken or missing sprinkler heads
may not be operated until repaired.
5. An irrigation system that has not been properly maintained
in a manner that prevents the waste of water may not be
operated until repaired.
6. All Westlake water customers supplied with irrigation by a
private water well must post signs provided exclusively by
the Town of Westlake identifying the private well irrigation
system. Each water customer must purchase the prescribed
sign, clearly post the sign in the front yard of the residence
or business, and maintain the sign for the duration of the
drought. The cost of the water well irrigation sign is $15.
7. Additional water conservation measures may be
implemented by the Board of Aldermen as dictated by the
City of Fort Worth
(d) Enforcement
The Town of Westlake shall share enforcement water
restrictions and water conservation measures as required by the City
of Fort Worth.
(e) Violations and penalties.
Any person, who violates, disobeys, omits, neglects or
refuses to comply with a measure implemented in accordance
with this section and the drought contingency plan shall be fined
up to the amount of $500.00 per violation or the maximum
amount as allowed by law for each and every violation. Each
day constitutes a new and separate violation.
SECTION 3: That all provisions of Section 94, not hereby amended shall remain in full
force and effect.
SECTION 4: It is hereby declared to be the intention of the Board of Aldermen of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Board of Aldermen of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION S: The Town Manager or his designee is hereby directed to file a copy of the
Water Conservation and Drought Contingency Plan and this Ordinance with the Texas
Commission on Environmental Quality in accordance with Title 30, Chapter 238 of the Texas
Administrative Code.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have
the right to seek injunctive relief for any and all violations of this ordinance.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 12" DAY OF JUNE 2006,
ATTEST:
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Jon Dwinnell, Town Secretary
APPRO S T ORM:
L. Stanton r , Tn Attorney
Scott Bradley, Mayor 61
Trent O. Petty, Townpager