OR 2002- 976 Amend the Daily Water Convervation PlanAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2002-976
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 3, SECTION 3-1-12 OF THE CODE OF
ORDINANCES BY AMENDING THE DALLY WATER
CONSERVATION PLAN BY INCLUDING A DROUGHT
CONTINGENCY PLAN; PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 3, Section 3-1-12 of the Code of Ordinances of the City of
Coppell, Texas, be, and the same is hereby amended in part to read as follows:
"Sec. 3-1-12 DALLY WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN
A. Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of water supply
facilities, with particular regard for domestic water use, sanitation, and fire protection, and to
protect and preserve public health, welfare, and safety and minimize the adverse impacts of
water supply shortage or other water supply emergency conditions, the City of Coppell
hereby adopts the following regulations and restrictions on the delivery and consumption of
water.
Water uses regulated or prohibited under this Daily Water Conservation and Drought
Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses
during times of water shortage or other emergency water supply condition are deemed to
constitute a waste of water which subjects the offender(s) to penalties as defined in Section H
of this Plan.
B. Public Education
The City of Coppell will periodically provide the public with information about the Plan,
including information about the conditions under which each stage of the Plan is to be
initiated or terminated and the drought response measures to be implemented in each stage.
The City may provide public education concerning the provisions of the water conservation to
include, but not limited to, the following:
WebPage
Water bill inserts
Direct mail-outs
Publication in the official City newspaper
Press releases to local and area media
City's cable access channel
Periodic status reports to the City Council on drought response programs, water
emergencies and their results.
C. Coordination with Regional Water Planning Groups
The City of Coppell purchases treated water through a wholesale water supply contract by
and between the City of Dallas. If there is a shortage in the water supplied to the City from
any cause, Dallas Water Utilities (DWU) or other supplier may reduce the volume of treated
water that is supplied. The reduction in the water distributed to the City is on a pro rata basis
among all of the wholesale customers of the water supplier. If DWU or other water supplier
imposes a curtailment on water delivered, the City is required to cooperate by imposing
conservation measures.
DWU, the current supplier, or other water supplier has implemented a Drought Contingency
Plan that includes water use restrictions that are applicable to the City of Coppell. The
proposed stages and initiation conditions in this Plan are in accordance with the provisions
established by DWU or other water supplier.
The service area of the City of Coppell is located within the Region C Regional Water
Planning Group. The City of Coppell provided information to Chiang, Patel and Yerby, Inc.
for inclusion in the "2000 Update Long Range Water Supply Plan" for Dallas Water Utilities.
D. Application
The provisions of this Plan shall apply to all persons using water for watering for residential
or non-residential customers of the City's water service whether or not such persons are
located within the City limits. The terms "person" and "customer" as used in the Plan include
individuals, corporations, partnerships, associations, and all other legal entities.
E. Definitions
For the purposes of this Plan, the following definitions shall apply:
1. City shall mean the City of Coppell, Texas.
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School shall mean the Coppell Independent School District, the Carrollton Farmers
Branch Independent School District, and Lewisville Independent School District.
Homeowners Association or Commercial Proper(y Owners Association (HOA 's/POA
's) shall mean a formal nonprofit organization operating under recorded land
agreements through which (a) each lot and/or homeowner in a specific area is
automatically a member and (b) each lot or property interest is automatically subject
to a charge for a proportionate share of the expense for the organization's activities,
such as the maintenance of common property, and (c) the charge if unpaid, becomes a
lien against the nonpaying member' s property.
Common Property is real property including but not limited to: parks, lakes, open
space; trails and/or floodplain management areas. Common property is either owned
in fee, controlled as an easement or is property leased by a Homeowners Association
or Commercial Property Owners Association for the common use, enjoyment and
benefit of the members of the Homeowners Association or Commercial Property
Owners Association. All common property shall be maintained by the members of the
Homeowners Association or Commercial Property Owners Association, not the City.
Hand watering shall mean watering or applying water to a lawn, garden, or
landscaping while holding the discharge end of a water hose.
Non-spray irrigation system shall mean use of soaker hoses, drip or bubble irrigation
systems, or other means of applying water to an area without spraying the water into
the air.
Irrigation shall mean watering or applying water to a lawn, garden, or landscaping
through the use of underground systems with pop-up heads, sprinklers attached to
water hoses, unattended water hoses or any other means of applying water to a lawn,
garden, or landscaping which does not fit the definition of a non-spray irrigation
system.
City Manager shall mean the chief executive officer of the City of Coppell under the
Home Rule Charter or his designee.
Residential shall include the following districts: SF-ED, SF- 18, SF- 12, SF-9, SF-7,
SF-0, 2F-9, TH-1, TH-2, MF-1, MF-2, and MH as defined by the Comprehensive
Zoning Ordinance.
10.
Non-residential shall include all districts not defined as residential districts by the
Comprehensive Zoning Ordinance and all common property maintained by a
Homeowners Association or Commercial Property Owners Association.
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11.
Watering shall mean watering or applying water on the lawn, trees, landscaping,
flower beds, fields, playground areas, gardens, common property, City maintained
property, School maintained property or other non permeable surfaces in any zoning
district by hand watering, non-spray irrigation systems, irrigation systems or any other
means.
Fo
Criteria for Initiation Rescinding of Drought Response Stages,
and Drought Response Stages
The City Manager or his/her designee shall monitor water supply and/or demand
conditions on a daily basis and shall determine when conditions warrant initiation or
termination of each stage of the Plan. Depending on the availability of water and the
City's ability to supply essential water demands and fire protection, the City Manager,
upon notification to the City Council, may implement the Plan prior to May 15 or
extend the plan beyond September 15, in any given year. The City Manager, upon
notification to the City Council, is authorized to move from Stage to Stage within the
Plan when requirements for initiation or rescinding are met. The City Manager, upon
notification to the City Council, may also make minor changes to the Plan that are not
detrimental to the effectiveness of the overall Plan.
The following procedures are required to initiate or rescind each stage of the Plan:
Notification must be made by public announcement.
The order becomes effective immediately upon public announcement.
Notification will be provided for publication in the City's official newspaper
after public announcement. The newspaper is published each Friday of the
month. Additional notification will be provided by information posted on the
City's webpage and cable access channel.
The initiation conditions described herein for each response stage are based on
historical analysis and recognized vulnerability of the water supply source and water
distribution system during high water use demands and drought conditions.
Stage 1 - Water Awareness State
a) Initiation Conditions:
Stage 1 of the Plan shall be shall be implemented when one or more of
the following conditions occur:
1) Annually, beginning on May 15 through September 15.
2) Short-term deficiencies in the City's distribution system limit
supply capabilities.
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b) Goals:
1) Achieve a voluntary reduction in water use.
c) Demand Management Measures:
1) No mandatory restrictions will be imposed on watering.
2)
City will encourage water conservation by increasing
awareness of Water Conservation techniques though the use
of various available means including but not limited to: web
page, direct mail-outs, water bill inserts, cable access channel,
press releases or other means available to advise the public of
the requirements of this ordinance.
d) Rescinding Conditions:
1)
Stage 1 of the Plan shall be automatically rescinded on
September 15 of each year, unless there is still a short-term
deficiency in the City' s distribution system or unless a different
stage has been enacted and is still in force.
2. Stage 2 -Water Watch State
a) Initiation Conditions:
Stage 2 of the Plan shall be implemented when one or more of the
following conditions occur:
1)
Notification is received from DWU requiring implementation
of like procedures by wholesale customers.
2)
Water demands exceed ninety percent (90%) of the current
maximum flow rate contracted with DWU for five (5)
consecutive days.
3)
Ground Storage Reservoir levels do not recover for two (2)
consecutive days.
4)
Short-term deficiencies in the City's distribution system limit
supply capabilities.
b) Goals:
1)
Reduce the average daily water demand below 90% of the
current maximum flow rate contracted from DWU.
c) Demand Management Measures:
1)
Residential water customers south of Sandy Lake Road must
conduct all watering on Sundays, Tuesdays and Thursdays.
2)
Residential water customers north of Sandy Lake Road must
conduct all watering on Saturdays, Tuesdays and Thursdays.
3)
Non-residential water customers must conduct all watering on
Mondays, Wednesdays, and Fridays.
4)
The City must conduct all watering of center medians of
streets, street rights-of-way, parks, City facilities and other
areas maintained by the City on Mondays, Wednesdays and
Fridays.
5)
Schools must conduct all watering of School sites, School
facilities and other areas maintained by the Schools on
Mondays, Wednesdays, and Fridays.
6)
Homeowners Associations or Commercial Property Owners
Associations must conduct all watering of common property
on Mondays, Wednesdays, and Fridays.
7)
No watering, other than by non-residential users, the City,
Schools, and/or HOA' s/POA's will be allowed on Mondays,
Wednesdays and Fridays without an approved variance.
8)
Nursery (garden and landscape) businesses are not restricted
when watering business inventory; however, they must comply
with watering requirements for the landscaping associated
with the building.
9)
Use of non-spray irrigation systems and hand watering will be
allowed all days.
d) Rescinding Conditions:
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1)
Stage 2 of the Plan shall be rescinded when all of the initiating
conditions have ceased to exist for a period of five (5)
consecutive days. Upon termination of Stage 2, Stage 1 -
Water Awareness State becomes operative unless also
rescinded.
3. Stage 3 - Water Warning State
a) Initiation Conditions:
Stage 3 of the Plan shall be implemented when one or more of the
following conditions occur:
1)
Notification is received from DWU requiring water demand
reductions in accordance with contract obligations for
wholesale customers.
2)
Water demands exceeds ninety-five percent (95%) of the
current maximum flow rate contracted with DWU for five (5)
consecutive days.
3)
Short-term deficiencies in the City's distribution system, such
as system outage due to the failure or damage of major water
system components, limit supply capabilities.
4)
Ground Storage Reservoir levels do not recover for three (3)
consecutive days.
b) Goals:
1)
Reduce the average daily water demand below 95% of the
current maximum flow rate contracted from DWU.
c) Demand Management Measures:
1)
Residential water customers south of Sandy Lake Road must
conduct all watering on Sundays and Thursdays.
2)
Residential water customers north of Sandy Lake Road must
conduct all watering on Saturdays and Tuesdays.
3)
Non-residential water customers must conduct all watering on
Mondays and Fridays.
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d)
4)
The City must conduct all watering of center medians of
streets, street rights-of-way, parks, City facilities and other
areas maintained by the City on Mondays and Fridays.
5)
Schools must conduct all watering of School sites, School
facilities and other areas maintained by the Schools on
Mondays and Fridays.
6)
Homeowners Associations or Commercial Property Owners
Associations must conduct all watering of common property
on Mondays and Fridays.
7)
No watering, other than by non-residential users, the City,
Schools, and/or HOA's/POA's will be allowed on Mondays
and Fridays without an approved variance.
8)
No watering will be allowed on Wednesdays, with the
exception of non-spray irrigation systems, which will be
allowed all days. Hand watering is restricted to the two
allowed days.
9)
Nursery (garden and landscape) businesses are not restricted
when watering business inventory; however, they must comply
with watering requirements for the landscaping associated
with the building.
In a Stage 3 Water Warning State, persons should contact the
City Engineer's office prior to installing new landscaping to
determine if a variance will be considered. As a general rule,
no variance will be allowed during a Stage 3 Water Warning
State. The City Engineer or designee, in a Stage 3 Water
Warning State may revoke approved variances, if deemed
necessary to preserve the City's ability to supply essential
water demands and fire protection.
Rescinding Conditions:
1)
Stage 3 of the Plan shall be rescinded when all of the initiation
conditions have ceased to exist for a period of five (5)
consecutive days. Upon termination of Stage 3, Stage 2 -
Water Watch State becomes operative unless also rescinded.
4.
Stage 4 - Water Emergency
a) Initiation Conditions
Stage 4 of the Plan shall be implemented when one or more of the
following conditions occur:
1)
2)
Notification is received from DWU requiring water demand
reductions in accordance with contract obligations for
wholesale customers.
Water demands exceeds 100 percent (100%) of the current
maximum flow rate contracted with DWU for two (2)
consecutive days.
3)
Short term deficiencies in the City' s distribution system, such
as system outage due to the failure or damage of major water
system components, limit supply capabilities.
4)
Ground Storage reservoir levels do not recover for four (4)
consecutive days.
b)
Goals:
1)
Reduce the average daily water demand below 95% of the
current maximum flow rate contracted from DWU.
c)
Demand Management Measures:
1)
Residential water customers south of Sandy Lake Road must
conduct all watering on Sundays.
2)
Residential water customers north of Sandy Lake Road must
conduct all watering on Saturdays.
3)
Non-residential water customers must conduct all watering on
Wednesdays.
4)
The City must conduct all watering of center medians of
streets, street rights-of-way, parks, City facilities and other
areas maintained by the City on Wednesdays.
5)
Schools must conduct all watering of School sites, School
facilities and other areas maintained by the Schools on
Wednesdays.
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6)
Homeowners Associations or Commercial Property Owners
Associations must conduct all watering of common property
on Wednesdays.
7)
No watering, other than by non-residential users, the City,
Schools, and/or HOA' s/POA's will be allowed on
Wednesdays.
8)
No watering will be allowed on Mondays, Tuesdays,
Thursdays and Fridays, with the exception of non-spray
irrigation systems, which will be allowed all days. Hand
watering is restricted to the one allowed day.
9)
Nursery (garden and landscape) businesses are not restricted
when watering business inventory; however, they must comply
with watering requirements for the landscaping associated
with the building.
In a Stage 4 Water Emergency State, persons should refrain
from installing new landscaping. No variance for watering
more than one day per week will be allowed during a Stage 4
Water Emergency State. The City Engineer or designee, in a
Stage 4 Water Emergency State will revoke any variances
approved during the Stage 3 Water Warning State.
d) Rescinding Conditions:
1)
Stage 4 of the Plan shall be rescinded when all of the initiation
conditions have ceased to exist for a period of five (5)
consecutive days. Upon termination of Stage 4, Stage 3 -
Water Warning State becomes operative unless also rescinded.
5. Stage 5 - Emergency Water Shortage
a) Initiation Conditions:
Stage 5 of the Plan shall be implemented when the City Manager
determines that a water supply emergency exists based on one or more
of the following conditions:
1)
Any major water system component failure that causes the
unprecedented loss of capability to provide water service.
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2) Natural or man-made contamination of the water supply
source(s).
b) Goals:
1)
Restrict all watering to allow the water system to recover from
the emergency condition.
c) Demand Management Measures:
1) No outdoor watering will be allowed.
2)
Door hangers will be placed on all houses in the affected area
providing information about the situation.
d) Rescinding Conditions
1)
Stage 5 of the Plan shall be rescinded when all of the initiation
conditions have ceased to exist. The City Manager will then
determine what stage of the Plan should be implemented and
the specific water use restrictions required to preserve the
City's ability to meet essential water demand and fire
protection.
G. Variances
The City Manager, or his/her designee, may, in writing, grant variances for
water uses to establish new lawns or landscaping otherwise prohibited under
this Plan under Stage 1 or 2, as provided herein.
Persons requesting a variance from the provisions of this Plan shall file a
request with the City of Coppell to be reviewed by the City Manager, or
his/her designee, and shall include the following:
a) Name and address of the petitioner(s).
b)
Purpose of water use (only consideration will be for new lawns or
landscaping).
c)
Detailed statement as to how the Plan adversely affects the petitioner
or what damage or harm will occur to the petitioner or others if
petitioner complies with this Ordinance.
d) Period of time for which the variance is sought.
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Ho
e) Other pertinent information.
Variance may be granted to persons under conditions established herein while
on vacation in the event that power failures or other acts beyond their control
cause irrigation systems to malfunction and water on the wrong day. A
vacation variance shall meet the following criteria:
a) A maximum two week period.
b) Request considered only during Stage 1, 2 or 3.
Variances granted by the City of Coppell shall be subject to the following
conditions, unless waived or modified by the City Manager or his/her
designee:
a)
b)
c)
d)
e)
f)
Enforcement
Variances granted shall include a timetable for compliance.
Variances will only be considered if the City is in Stage 1 or 2 (or
Stage 3 for a vacation variance).
All variance forms shall be prominently displayed near the front door.
Any variance may be revoked if conditions worsen.
Variances shall expire when the Plan is no longer in effect.
No variance shall be retroactive or otherwise justify any violation of
this Plan occurring prior to the issuance of the variance.
No person shall knowingly or intentionally allow the use of water from the City of
Coppell for residential, commercial, industrial, agricultural, governmental, or any
other purpose in a manner contrary to any provision of this Plan, or in an amount in
excess of that permitted by the Stage in effect at the time pursuant to action taken by
the City Manager, or his/her designee, in accordance with provisions of this Plan.
A person who violates this Plan is guilty of a separate offense for each day or portion
of a day during which the violation continues and, upon conviction, shall be punished
as follows:
1. First conviction: Fine of not more than twenty-five ($25.00) dollars;
2. Second conviction: Fine of not more than fifty ($50.00) dollars;
3. Third and subsequent convictions: Fine of not less than fifty ($50.00)
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dollars, nor more than two hundred ($200.00) dollars
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal
or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or
provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall
not affect the validity of the Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions of Section
3-1-12 of the Code of Ordinances as amended herein, shall be deemed guilty of a misdemeanor
and, upon the first conviction, shall be punished by a fine not to exceed twenty-five ($25.00)
dollars, upon second conviction be punished by a penalty of fine not to exceed fifty ($50.00)
dollars for each offense, and upon the third and subsequent conviction shall be punished by a
penalty of fine not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars for
each offense, and each and every day such offense is continued, shall constitute a new separate
offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the 8th day
of January, 2002.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
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