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Ord 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: GZ14�- Jon Dwinnell, Town Secretary APPRO S T ORM: L. Stanton r , Tn Attorney Scott Bradley, Mayor 61 Trent O. Petty, Townpager