OR 92-562 Regulation & use of water from Coppell Water System AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.92562
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING SECTION 3-
1-12 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, TO
PROVIDE FOR THE REGULATION AND USE OF WATER FROM THE CITY OF
COPPELL WATER SYSTEM; PROVIDING FOR DEFINITIONS; MAKING IT UNLAWFUL
TO OBSTRUCT THE ACCESS TO AND THE OPERATION OF THE CITY WATER
SYSTEM BY AUTHORIZED CITY EMPLOYEES; PROVIDING FOR THE
ESTABLISHMENT OF A CITY POLICY IN THE EVENT OF SHORTAGE OR DELIVERY
LIMITATIONS IN THE CITY'S WATER SUPPLY; PROVIDING FOR THE
ESTABLISHMENT OF AN EMERGENCY WATER MANAGEMENT PLAN; PROVIDING
AUTHORIZATION FOR THE CITY MANAGER TO IMPLEMENT EMERGENCY MEASURES
WHEN A WATER EMERGENCY EXISTS; PROVIDING FOR THE DURATION OF AN
EMERGENCY ORDER AND ITS EXTENSION; MAKING IT UNLAWFUL TO USE THE
CITY OF COPPELL WATER SYSTEM IN ANY WAY CONTRARY TO THE EMERGENCY
WATER MANAGEMENT PLAN; PROVIDING AUTHORIZATION FOR THE TEMPORARY
DISCONTINUATION OF CITY WATER SERVICE BY THE DIRECTOR OF PUBLIC
WORKS FOR THE PURPOSE OF CONSTRUCTION, MAINTENANCE OR EMERGENCY
REASONS; PROVIDING FOR AUTHORITY TO TURN OFF WATER; PROVIDING FOR
A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) FOR VIOLATION OF
THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1:
That Section 3-1-12 of the Code Of Ordinances of The City of
Coppell is hereby amended to read as follows;
"Section 3-1-12
Water Use Management Plan
SECTION 3-1-12. WATER USE MANAGEMENT PLAN.
A. DEFINITIONS.
As Used In this chapter, the following words and
phrases shall have the following meanings:
1. City means the City of Coppell, Texas.
2. Citv Council means the governing body of the
city.
3. Citv Manager means the City Manager of the
city or his designees.
4. Director means the Director of Public Works of
the City of Coppell, or his designee.
5. DriD Irrigation System means a watering system
designed to maintain constant soil moisture by
continuous application of water to the soil at
a slow rate not to exceed one hundred ten
(110) gallons per minute per acre.
6. MGD means million gallons per day.
7. Obstruct means to:
a) make passage impossible or unreasonably
inconvenient or hazardous; or
b) interfere or cause interference with a
specific activity in order to prevent the
activity from starting, continuing or
concluding.
8. Person means an individual, private or public
corporation, partnership, association,
governmental entity, firm, industry, or other
entity.
9. Premises or Droperty means real property and
includes improvements.
10. Water emergency means a condition of water
shortage as described in Section 2, A, B, C,
and D of the Emergency Water Management Plan.
11. Water system means all treatment plants,
mains, pumps, meters, connections, supply
reservoirs, storage tanks, appurtenances and
other facilities of the city employed in the
purification, transportation and supply of
treated and untreated water.
B. CONTROL OF AND ACCESS TO WATER SYSTEMS;
INTERFERENCE WITH ACCESS GENER~T~.
1. All parts of the city water system are the
property of the city. The Director shall
maintain and control each system and keep
detailed records concerning all aspects of
department operations.
2. Only a person who is authorized by the
Director shall have access to the water system
for operation, construction, maintenance,
repair and other service-related purposes.
3. A person conunits an offense if he knowingly
and intentionally obstructs the Director, his
designee, or a person authorized by the
Director from:
a) gaining access to a part of the water
system for purposes of operation,
inspection, construction, maintenance or
repair; or
b) performing actual operation, inspection,
construction, maintenance or repair of a
part of the water system.
C. EMERGENCY AUTHORITY.
1. 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:
a) all persons and premises within the city
using water from the water system; and
b) all retail customers who live in
incorporated areas within another city's
jurisdiction and are served by the City
of Coppell water system.
2. Emergency Water Management Plan. Referenced
and attached herein as Exhibit "A" and
enforceable as part of this ordinance is the
City of Coppell Emergency Water Management
Plan. The guidelines of the plan include:
a) the conditions under which a particular
stage of emergency will be implemented or
terminated; and
b) provisions defining specific events that
will trigger an emergency.
3. Authority. The City Manager is authorized to
implement measures prescribed in the Emergency
Water Management Plan 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, to
the extent authorized by the Emergency Water
Management Plan and which are not in conflict
with this section or state and federal laws.
4. Implementation of emergency order. The
Director, upon determination that the
conditions of a water emergency exist, shall
advise the City Manager. The City Manager may
order that the appropriate stage of emergency
response, as detailed in the Emergency Water
Management Plan, be implemented.
5. Duration of order; change; extension. An
order can be made effective for up to, but not
more than, 60 days from the date of issuance
of the order. Upon recommendation of the
Director, the City Manager or his designee may
upgrade or downgrade the stage of emergency
when the conditions triggering that stage
occur. Any change in an 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.
6. Violation of section. A person commits an
offense if he knowingly and intentionally
makes, causes or permits a use of water
supplied by the City of Coppell 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 supplied bythe City of Coppell contrary
to the measures implemented if the mandatory
measures have been formally ordered consistent
with the terms of Subsection (d) and:
a) the manner of use has been prohibited by
the Emergency Water Management Plan; or
b) the amount of water used exceeds that
allowed by the Emergency Water Management
Plan.
7. Authority under other laws. Nothing in this
section shall be construed to limit the
authority of the Mayor, City Council or the
City Manager to seek emergency relief under
the provisions of any state or federal
disaster relief act.
D. TEMPORARY DISCONTINUANCE FOR CONSTRUCTION,
MAINTENANCE OR EMERGENCY REASONS.
1. Reasons for temporary discontinuance. The
Director is authorized to temporarily
discontinue service to any premises for the
following reasons:
a) 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;
b) to perform routine maintenance or repair
to any part of the water or wastewater
systems;
c) to perform emergency maintenance or
repair to any part of the water or
wastewater systems;
d) in other cases of emergency, when
necessary to protect the general health,
safety or welfare of persons; or
e) to make a connection to a newly
constructed or relocated water or
wastewater main.
2. 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.
E. RESERVED FOR FUTURE USE.
F. AUTHORIZATION TODISCONTINUEWATER.
Upon observance of a violation of the Emergency
Water Management Plan of this ordinance, members of
the Police or Fire Department or the Department of
Public Works are specifically authorized to shut
off water at the control valve or if the valve
controlling the lawn watering, garden watering
irrigation cannot be found, at the meter of any
address where such violation is occurring. This
authority shall arise when the customer, owner,
tenant, permittee or other person in control of the
premises refuses to comply with the emergency order
or is not available to cause the irrigation to
cease."
SECTION 2. SEVERABILITY CLAUSE.
If any article, paragraph, or subdivision, clause,
or provision of this ordinance shall be adjudged
invalid or held unconstitutional, it shall not
effect the validity of this ordinance as a whole or
any part or provision thereof, other than the part
so decided to be invalid or unconstitutional.
SECTION 3. REPEALING CLAUSE.
All ordinances or parts of ordinances inconsistent
with or in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 4. PENALTY CLAUSE.
Any person, firm, or corporation violating any of
the provisions of this ordinance shall be deemed
guilty of a misdemeanor and, upon conviction, shall
be punished by a penalty of fine not to exceed the
sum of Five hundred dollars ($500.00) for each
offense and each and every day, such offense is
continued shall constitute a new and separate
offense.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect immediately from
and after the publication of its caption, as the
law in such cases provides.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL
TEXAS this 22nd day of July , A.D., 1992.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of , 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Linda Grau
CITY SECRETARY, ASST.
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
EMERGENCY WATER MANAGEMENT PLAN
SECTION 1. The purpose and scope of this plan is to establish the
City of Coppell's policies and procedures in the event of shortages
or delivery limitations in the City of Coppell's water supply, or
in the case of equipment malfunctions or similar situations that
affect the City's ability to supply water to the citizens of
Coppell. This Emergency Water Management Plan shall apply to all
customers that obtain their water from the water supply system, and
is authorized by Ordinance No. 92562
DEFINITIONS:
Non-essential water uses water use that does not directly
benefit or maintain health, personal cleanliness, or fire
fighting purposes.
Demand period - 7:00 a.m. to 6:59 a.m. of any 24 hour period
psi - pounds per square inch
Pressure district - any area of the water system distinguished
by the high water level of its elevated storage tanks and/or
designed pressure ranges.
Drip irrigation system - a watering system designed to
maintain constant soil moisture by continuous application of
Exhibit "A" - Page 1
water at a slow rate not to exceed 110 gallons per acre per
minute.
SECTION 2. EMERGENCY WATER MANAGEMENT PLAN
A. Stage 1 - WATER WATCH
Triggering Criteria (if one or more occurs):
Supply and Storage - Dallas supply cut by 15% on a continuous
basis during high demand months.
Distribution -
1) Continued potable water storage depletion indicates
an inability to continue to supply water at the
demand encountered.
Other - Situations that limit distribution of water, as
determined by the Director of Public Works, such
as:
- Short or long term equipment failure or failure to
maintain 20 psi pressure at up to 500 service locations
or up to 10 fire hydrants in localized areas in the
lowest pressure plan of the city.
- Short term deficiencies within an entire pressure
district.
Actions Available -
Mayor, City Manager, Public Works Director, Water
Utilities Superintendent, or other designated official
requests voluntary reductions in water use.
Exhibit "A" - Page 2
- Accelerate public information efforts to teach reduced
water use.
- Notify major water users and request voluntary water use
reduction.
- Prohibit City Government use of water for street washing,
vehicle washing, operation of ornamental fountains and
all other non-essential use as determined by the City
Manager or his designee.
- Request reduction in landscape watering by City
Government.
B. Stage 2 - WATER WARNING
Triqqering Criteria - (one or more may apply):
SuDD1V and Storaqe -
1) Dallas supply cut by 20% on a continuous basis during
high demand months.
Distribution -
1) Stage 1 voluntary restrictions fail to alleviate
continued potable water storage depletion.
Other -
- Long term deficiencies in supply within an entire
pressure district.
- Failure to maintain 20 psi pressure at grade in more than
500 service locations or more than 15 fire hydrants in
the lowest pressure plan in the city.
- Any unanticipated situations that limit distribution of
Exhibit "A" - Page 3
water, as determined by the Director of Public Works.
Actions Available -
- Initiate studies that address solutions to the problems.
- Mayor, or other designated City Official announces the
beginning of mandatory water reduction and certain
prohibited uses which may include:
Hosing off of paved areas, buildings or windows;
swimming pool draining followed by refilling;
washing or rinsing vehicles by hose; and other non-
essential water uses as may be determined by the
Director of Public Works.
- Continued implementation of Stage 1 restrictions.
Exceptions to Prohibit Uses
Cars may be washed at commercial car washes; cars may be
washed at home with water in a bucket or other container;
foundations may be watered with a hand held or soaker hose.
All landscape watering, including by City Government, is
restricted to the hours of 9:00 p.m. to 9:00 a.m., on
specified days.
- Watering may be done at anytime (on specified days) from
a hand held hose, a bucket, or a drip irrigation system.
C. Stage 3 - WATER EMERGENCY
Triggering Criteria (if one or more occurs):
Supply and Storage -
Exhibit "A" - Page 4
1) Dallas supply cut by 25% on a continuous basis
during high demand months.
2) Combined storage falls below 28% of total
capacity.
Distribution - Failure of Stage 2 restrictions to reduce
usage below supply capability.
Other Any unanticipated situations that limit distribution
of water, as determined by the Director of Public
Works.
Actions Available -
- Implement appropriate solutions to supply or distribution
problems.
- Continued implementation of all restrictions from
previous stages.
ExceDtions -
- Commercial car washing is prohibited between the hours of
2:00 p.m. and 9:00 p.m. each day.
- Landscape watering will be allowed in designated hours
once in five days, based upon the last digit of the
address:
Last Digit of Address -
- 0 to 5 may water on dates ending in 0 and 5 (August 10,
August 15, etc.)
- 1 and 6 may water on dates ending in 1 and 6 (August 11,
August 16, etc.)
Exhibit "A" - Page 5
- 2 and 7 may water on dates ending in 2 and 7 (August 12,
August 17, etc.)
- 3 and 8 may water on dates ending in 3 and 8 (August 13,
August 18, etc.)
- 4 and 9 may water on dates ending in 4 and 9 (August 14,
August 19, etc.)
(No watering will be allowed on the 31st)
~ Apartments, office building complexes, or other property
containing multiple addresses will be identified by the
lowest address number. Where there are no address
numbers, or where it is not feasible to use an address
number, a number will be assigned by the Director of
Public Works.
- Foundations may be watered with a soaker or hand held
hose on the same five-day rotational system as
landscapes.
- Golf courses using treated water must adhere to the same
five-day rotational watering system, based on their
address.
- Nurseries may water plant stock only between the hours of
9:00 p.m. to 9:00 a.m.
D. Stage 4 - WATER CRISIS
TriggerinQ Criteria (if one or more occurs):
Supply and StoraQe -
1) Dallas supply cut by 35% on a continuous basis.
2) Combined storage falls below 15% of total capacity.
Exhibit "A" - Page 6
Distribution - Failure of Stage 3 restrictions to reduce
usage below supply capability.
Other - Any unanticipated situations that severely limit
distribution of water, as determined by the Director of Public
Works.
Actions Available
- Continued implementation of all previous restrictions.
- All commercial and residential landscape watering prohibited.
Exceptions:
- Nurseries and golf courses may continue to water as
restricted by Stage 3 measures. Foundation watering may also
proceed as allowed in Stage 3.
- Commercial water users may be required to reduce water
consumption at a percentage determined by Director of Public
Works.
SECTION 3 During the times the various stages of the Emergency
Water Management Plan are in operation, the City Manager, or
his/her designee, may grant exceptions in special cases after
evaluation of hardship, need or customer efforts to conserve water.
A. Exceptions shall be granted only under the following
circumstances and conditions:
1) The applicant must sign an application for exception on
forms provided by the city, agreeing to use the water
only in the amount and manner permitted by the exception;
Exhibit "A" - Page 7
2) Granting of an exception must not cause an immediate
significant reduction in the city's water supply, or
water shortages within certain pressure zones or areas;
3) The applicant must demonstrate extreme hardship or need
relating to his/her health, safety, or welfare, or show
evidence of substantial water conservation efforts;
4) The health, safety and welfare of other persons must not
be adversely affected by granting of the exception.
B. A granted exception may be revoked under the following
circumstances:
1) That the conditions of Section 3 (Subsection A) are no
longer being met;
2) The terms of the application for exception violated; or
3) The health and safety of other persons requires that the
exception be revoked.
ORDINANC\EMERWATR.HLP Exhibit "A" - Page 8