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HomeMy WebLinkAboutOrdinance 3047ORDINANCE NO. 3047 AN ORDINANCE AMENDING SECTION 78-62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REVISING THE WATER CONSERVATION PLAN; ESTABLISHING THE AUTHORITY FOR THE CITY MANAGER TO EXECUTE THE ELEMENTS OF THE PLAN; AUTHORIZING THE FILING OF THE PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; ESTABLISHING PENALTIES, PROVIDING FOR PUBLICATION, FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City") recognizes that the amount of water available to its water customers is limited; and, WHEREAS, The City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the city cannot guarantee an uninterrupted water supply for all purposes at all times; and, WHEREAS, the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City revise its currently adopted Water Conservation Plan; and, WHEREAS, the City has determined an urgent need in the best interest of the public to revise the current Water Conservation Plan; and, WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the City is authorized to adopt such ordinances necessary to preserve and conserve its water resources; and, WHEREAS, the City Council of the City of North Richland Hills desires to revise the current Water Conservation Plan as official city policy for the conservation of water; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Sec. 78-62 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 78-62. Water Conservation Plan adopted. (a) Plan adopted. The City of North Richland Hills, Texas hereby adopts the Water Conservation Plan attached hereto as Attachment A. The city commits to implement the requirements and procedures set forth in the adopted Plan. (b) Procedure, rules and regulations. The City Manager or his designee shall have the authority to enact and promulgate rules and regulations of the Plan as necessary to protect the health and safety of the general public. Ordinance fVo. 3047 Page 1 of 63 (c) Penalty for violations. Any customer, as defined by Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor involving health and safety and shall be subject to a fine not exceeding Two Thousand Dollars ($2,000.00) and/or discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate violation. The City may also seek injunctive or other civil relief for actual or threatened violations." Section 2: Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. Section 5: The City Manager or his/her designee is hereby directed to file a copy of the plan and Ordinance with the Commission in accordance with Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code. PASSED AND APPROVED this 13th day of April, ~~`~~r RI C H ~qy :~'• ~ S ~TES~_ , CITY, r l Z - y~ i~ ;~ a City Secretary APP A F RM AND LEGALITY: George t les, City Attorney APPROVED S TO CONTENT: i ike Curtis, P.E., Managing Director Ordinance No. 3047 Page 2 of 63 Attachment A 2009 Water Conservation Plan Ordinance No. 3047 Page 3 of 63 2009 5. a ~"" "~ ~, t ., ,; ~t: ~, Ordinance No. 3047 Page 4 of 63 Water Conservation Plan TABLE OF CONTENTS Section tiescriation Pa4e 1.0 Introduction and Objectives .....................................................................1 2.0 Texas Commission on Environmental Quality Rules ...............................1 3.0 Water Utility Profile .................................................................................. 3 4.0 Specification of Water Conservation Goals ............................................. 3 5.0 Metering, Water Use Records, Contro( of Unaccounted Water, and Leak Detection and Repair ....................................................4 5.1 Accurate Metering of Targeted Water Deliveries ............................. 4 5.2 Metering of Customer and Public Uses and Meter Testing, Repair and Replacement ................................................................. 4 5.3 Record Management System .......................................................... 5 5.4 Determination and Control of Unaccounted Water .......................... 5 5.5 Leak Detection and Repair ............................................................ 5 5.6 Monitoring of Effectiveness and Efficiency -Annual Water Conservation Report ........................................................................ 6 6.0 Continuing Public Education and lnformatian Campaign ......................... 6 7.0 Water Rate Structure ...............................................................................7 8.0 Other Water Conservation Measures ...................................................... 7 8.1 Reservoir System Operation Plan ................................................... 7 8.2 Reuse and Recycling of Wastewater ............................................... 8 8.3 Ordinances, Plumbing Codes, or Rules an Water Conserving f=ixtures .............................................................. 8 $.4 Water Waste Prohibition .................................................................. 8 8.5 Requirement far Water Conservation Plans by Wholesale Customers ................................................................. g 8.6 Coordination with Regional Water Planning Organizations ............. 9 8.7 Requests for Variance ..................................................................... 9 9.0 Implementation and Enfiorcement of the Water Conservation Plan .....,.10 Ordinance No. 3047 Page 5 of 63 APPENDtCIES Appendix. Description Page A Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans ..................................................... 11 - Texas Administrative Code Title 3D, Part 1, Chapter 288, Subchapter A, Rule § 288.1 -Definitions ......................................... 12 - Texas Administrative Code Title 3Q, Part 1, Chapter 2.88, Subchapter A, Rule § 288.2 -Water Conservation Plans for Municipal Uses by Public Water Suppliers ....................................... 15 B Form for City of North Richland Hills' Water Utility Profile and Water Conservation Report ................................................................... 19 C Farm for City of Watauga's Water Utility Profile ..................................... 27 D Letters to Wholesale Customer, City of Fort Worth, City of Watauga, Trinity River Authority, Texas Water Development Board, and the Texas Commission on Environmental Quality ....................................... 36 E City of North Richland Hills' Ordinance Adopting Water Conservation Plan .................................................... ..........42 F City of North Richland Hills' Landscape Water Management Ordinance ........................................................................ 46 G City of North Richland Hills' Illegal Water Connection and Theft of Water 4rdinanoe ............................................................... 54 Ordinance No. 3047 Page 6 of 63 1.0 INTRODUCTION ANU OBJECTIVES This document outlines the City of North Richland Hills' Water Conservation Plan. The objective of the conservation plan is to reduce the quantity required for each water using activity, insofar as is practical, through implementation of efficient water use practices. Having a dependable water supply has always been a key issue in the development of Texas. The growing population and economic expansion occurring in North Central Texas are placing increased demands on our water supplies. In order to meet the challenge of providing for our current and future needs, we mus# team to use the water we already have more efficiently. By stretching our existing supplies we can delay the need for new supplies, minimize the environmental impacts associated with developing new water resources, and postpone the high cost of building the infrastructure (dams, treatment facilities, and pipelines) necessary to capture, treat, and transport the additional water into our homes and businesses. Recognizing the need far efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ} has developed guidelines and requirements governing the development of water conservation plans for public water suppliers. TCEQ guidelines and requirements are included in Appendix A. The City of North Richland Hills has developed this water conservation plan in response to TCEQ guidelines and requirements. The objectives of this water conservation plan are as follows: • To reduce water consumption from the levels that would prevail without conservation efforts. • Ta reduce the loss and waste of water. • To imprave efficiency in the use of water. • To extend the life of current water supplies by reducing the rate of growth in demand. To educate the citizens of North Richland Hills about the need for water conservation and the benefits of conserving our most valued natural resource. 2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing. development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.2 of the Texas Administrative Cade (TAC}, which is included in Appendix A. For the purpose of these rules, a water conservation plan is defined as "a strategy or combination of strategies far reducing the volume of water withdrawn from a water supply source, for reducing the loss ar waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water." The elements in the TCEQ water conservation rules covered in this water conservation plan are fisted below. Ordinance No. 3047 Page 7 of 63 Minimum Water Conservation Plan Requirements The minimum requirements in the TAC for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: TAC Plan Pale Section 288.2(a}(1)(A) Water Utility Profile 3 3A 288.2(x)(1 }{A) City of North Richland Hills Utility Profile 19 Appendix B 288.2{a)(1)(A) City of Watauga Utility Profile 31 Appendix C 288.2(a}(1}(C} Specification of Water Canseroatian Goals 3 4.0 2$8.2{a)(1 }(D) Accurate Metering 4 5.1 288.2(x)(1}{D) Metering of Customer and Public Uses and Meter 4 5.2 Testing 2$8.2(a}(1}(E) Universal Metering 4 5.2 2$8.2(x){1)(F) Determination and Contro! of Unaccounted Water 5 5.4 288.2(a}(1)(G) Continuing Public Education and Information Program 6 6A 288.2(a)(1)(Hj Water Rate Stnacture 7 7.0 288.2{a)(1){I) Reservoir System Operation Plan 7 8.1 288.2{a)(1)(J} Implementation and Enforcement of the Wa#er 10 9.0 Conservation Plan 288.2(x)(1}(K) Coordination with Regional Water Planning 9 8.6 Organizations 288.2(a)(1)(K) Coordination with Regiona! Water Planning 40 Appendix D Organizations Conservation Additional Requirements ~Paputatian over 5,000) The TAC includes additional requirements for water conservation plans for cities with a population over 5,000: TAC 28$.2(x)(2}(A) Metering of Customer and Public Uses and Meter 4 5.2 Testing 26$.2(a){2)(A) Determination/Control of Unaccounted Water 5 5.4 288.2(x){2)(A} Leak Detection and Repair 5 5.5 2$$.2(x)(2)(8} Record Management Sys#em 5 5.3 288.2(x){2)(C) Requirement for Water Conservation Plans lay 9 8.5 Wholesale Customers 2 Ordinance No. 3047 Page 8 of 63 Additional Conservation Strategiies TCEQ rules also list additional optional, but not required conservation strategies, which may be adopted by suppliers. The following op#ional strategies are included in this plan: TAC Plan .._ Page _.,~ection. 2$8.2(a}(3j(6) Ordinances, Plumbing Codes or Rules 8 8.3 on Water Conserving Fixtures 288.2(a}{3)(D) Reuse and Recycling of Wastewater 8 8.2 288.2(a)(3)(F) Water Waste Prohibition 8 8.4 288.2(a)(3)(G) Monitoring of Effectiveness and Efficiency 6 5.6 Annual Water Conservation Report 3.0 WATER UTILITY PROFILE Included in Appendix B to this water conservation plan is a modified North Richland Hills Water Utility Profile based on the format recommended by the TCEQ. Some additional sections were added in order to gather the information necessary to assess the effectiveness of the water conservation plan. The City of Watauga is the City of North Richland Hills' only wholesale customer and is contractuaNy obligated to develop and implement a conservation plan that meets applicable TCEQ Water Conservation Plan Requirements. Appendix C includes the City of Watauga's Water Utility Profile. 4.0 SPECIFICATION OF WATER CONSERVATION GOALS Current TCEQ regulations require the adoption of specfic water conservation goals far a water conservation plan. As part of the plan adoption, the City of North Richland Hills will develop 5-year and 10-year goals for per capita municipal use, following TCEQ procedures described in the water utility profile, Appendix 8 for the City of North Richland Hills. The goals for this water conservation plan include the following: • Current five (5) year average per capita use for the City of North Richland Hills is 186 gallons per capita per day. The projected reduction for the City is 1 % per year due to elements in this plan. An anticipated 1 % reduction per year will keep the per capita municipal water use below 176 gallons per capita per day in 2014 (5-year goal) and 166 gallons per capita per day in 2019 {10-year goal). • Keep the level of unaccounted water in the system below 10% annually in 2009 and subsequent years, as discussed on page 5, Section 5.4. • Maintain meter replacement and repair programs, as discussed on page 4, Section 5.2. • Decrease waste in lawn irrigation by continuing enforcement of the landscape water management ordinance, as discussed on page $, Section 8.4. 3 Ordinance No. 3047 Page 9 of 63 Raise public awareness of water conservation and encourage responsible public behavior with a public education and information program, as discussed on page fi, Section fi.0. 5.0 METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER, AND LEAK DETECTION AND REPAIR One of the key elements in water conservation is careful tracking of water use and control of losses through illegal diversions and leaks. Careful metering of water deliveries and water use, detection and repair of leaks in the distribution system and regular monitoring of unaccounted water are important in controlling fosses. 5.1 Accurate Metering of Treated Water Deliveries North Richland Hills supplies all of the water used by its customers. Water deliveries are me#ered by the City of North Richland Hills using a meter accuracy oft 5%. These meters are calibrated by the City's wholesale suppliers on an annual basis to maintain their level of accuracy. North Richland Hills has four {4) main points of entry far treated water intake into the City. Three {3) entry points are ftom the City of Fort Worth and one {1) entry point from Trinity River Authority (TRA). Each point of entry contains a master meter that is the property of the wholesale provider (Fort Worth/'t°RA). By the wholesale contract, these entry point meters, are tested and calibrated to ensure accuracy at least once per year. The City of North Richland Hills is the water soppier for the City of Watauga. The City of North Richland Hills has installed several meters at the main entry points into the City of Watauga. The main entry point meters are tested, calibrated, and maintained by the City of North Richland Hills on a regular basis. 5.2 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement All connections to the water system are metered connections. All meters are maintained within an acceptable operating accuracy range as defined by the manufacturer or American Water Works Association {AWWA) Standards for Meter Accuracy, whichever is more stringent. Non functioning me#ers and meters that indicate reduced or high usage will be flagged during the electronic billing process. These meters will be checked, field tested, and replaced when found to be out of the manufacturer specifications or not meeting AWWA Standards. The Gity of North Richland HiNs has a Meter Replacement Program that is currently #unded annually. The goal of the program is to replace approximately 2,000 customer water meters that are older than ten (10) years of age on an annua! basis. Based upon water meter manufacturers and other water industry standards, the City has determined that the accuracy of water meters may decline or fail after 10 years of usage. Ordinance No. 3047 Page 10 of 63 The City also replaces water meters on an as needed basis. These meters are usually suspected of inaccurate readings, such as reading high or too low, erratic, or not reading any flow at all. This aggressive wafer meter replacement program helps to ensure the meters are accurate and helps to reduce the unaccounted for wafer in the City. 5.3 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rute 288.2(a)(2)(B), the City of North Richland Hills record management system allows for the separation of water sales and uses into residential, commercial, publiclinstitutional, and industrial categories. This information will be included in an annual water conservation report, as described on page 6, Section 5.6. The City of North Richland Hi{Is will continue to maintain a record management system that separates the monthly usage in the following customer categories; residential, commercial, pubficlinstitutional, wholesale, industrial usage and others. 5.4 Determination and Control of Unaccounted Water Unaccounted water is the difference between water purchased from the City of Fart Worth and TRA and metered deliveries to North Richland Hills' customers. Authorized but unmetered uses would include fire fighting, flushing of water lines, and uses associated with new construction. Unaccounted water can include several categories: • Inaccuracies in customer meters. Customer meters tend to run more slowly or become erratic as they age and under-report actual use. • Losses due to water main breaks and leaks in the water distribution system. • Losses due to illegal connec#ions and theft. Measures to control unaccounted water are part of the routine operations of the City. Maintenance crews and personnel are directed to look for and report evidence of leaks in the water distribution system. A leak detection and repair program is described in Section 5.5 below. Meter readers are directed to watch for and report signs of illegal connections so they can be addressed quickly. As shown in the Water Utility Profile, unaccounted water has varied from 0.2% to 10% in the Last five years. With the elements described in this plan, the City of North Richland Hills intends to maintain the unaccounted water below 30% in 2009 and. subsequent years. 5.5 teak Detection and Repair The City of North Richland Hills monitors the water distribution system and customer service connections for water leaks. This is done by City personnel who are in the field. Any water leaks found are reported immediately and repaired as quickly as possible. Ordinance No. 3047 Page 11 of 63 The City also conducts regular inspections throughout the City for leaks on large water transmission lines. Areas along drainage streams and limited access areas are regularly investigated far potential water leaks. The Public Works Deparment is responsible for repairing water line leaks. Typically ap water teaks are repaired within 24 hours after they have been reported. Large main tine water leaks require quick response and the department provides this quick response 24 hours a day. The Public Works Department also has an annual program for replacing wafer lines that are old, deteriorated, and have had numerous water leaks. The department replaces approximately 10,000 linear feet of water fines in the Gity under this program. An asset management program is used to track all water line breaks. This asset management program helps the department #o detem~ine which water lines are in need of replacement. 5.6 Moni#oring of Effectiveness and Efficiency --Annual Water Conservakion Report Appendix B is a modified water utility profile form that will be used in the development of an annual water conservation report for the City of North Richland Hills. This form will be completed by May 1~ of 2010 and will be used to monitor the effectiveness and efficiency of the water conserra#ion plan. This wip help the City to plan conservation-related activities for the following years. The water utility profile form records the water use by category, per capita municipal use, and unaccounted water for the current year and compares them to historical values. The modified water utility profile and annual water conservation report will be sent to the City of Fart Worth and TRA who will work with Tarran# Regional Water District (TRWD) to monitor regional water conservation trends. 6.4 CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN The City of North Richland Hips will continue to promote conservation through public education by: • Participating in various conserva#ion programs with TRWD. • Making conservation information available at the public library and an the City of North Richland Hills' website. Links an the City's website will be provided #o the Texas Smarfscape website and to information on water conservation from TRWD, Texas Water Development Board (TWDB), and TCEQ websites. • Include a water conservation message in the City's "News and Notes" publication on an annual basis. This publication is sent to North Richland Hills customers and includes information about City activities, events, and advertisements. • Insert water conservation information with water bills. Inserts will include material developed by North Richland Hlls staff and material obtained from TRWD, TWDB, TCEQ, and other sources. • Encourage local media coverage of water conservation issues and the importance of water conservation. Ordinance No. 3047 Page 12 of 63 • Make information on Texas Smartscape principles, water conservation brochures, and other water conservation materials available to the public at City Hall and other public places. In 2008 the City of North Richland Hills began a partnership with TRWD promoting an educational program called "Learning to 6e Water Wise". The program is designed for educating elementary Schaal students and their parents on water conservation. Activities include instructional manuals and activity books, supplying and installing low flow faucet fixtures, and surveys and input on water conservation #echniques. The City along with TRWD funds the program annually. Presently, 5t" grade students in the City's local elementary schools are targeted for this program. The City will continue this program providing funds are available on an annual basis. 7.Q WATER RATE STRUCTURE The City of North Richland Hills' rate structure is provided in Table 7.0 Below: Table 7.0 Rate Structure deter SizB Cinches) a/4~~ 1~, 2~, ~ 4,, 6~- Minimum Volume tcc~, 267 354 1,300 4,000 10,000 Minimum -Bill = $9.30 $15.53 j $~t9.57 $195.30 $434.03 Wailer Rages. Minimum Charge + $2.69 per 100 cubic feet over minimum Water Pass Th.~ough'` > ; $0.7040 x total consumption North Richland Hills will continue consideration of various rate plans to insure cost effectiveness and compliance with state regulations. '` The water pass through rate is the fee charged to North Richland Hills customers for was#ewater disposal. The amount is based on the rate charge that the City's wholesale provider (Fort Worth) sets far wastewater treatment and operation and maintenance costs. 8.0 OTHER WATER CONSERVATION MEASURES 8.'1 Reservoir System Operation Plan North Richland Hills purchases treated water from the City of Fart Worth and TRA Northern Region, which purchases untreated surface water from TRWD. North Richland Hr`Ils does not purchase untreated surface water supplies and therefore does not have a reservoir system operation plan. Ordinance No. 3047 Page 13 of 63 8.2 Reuse and Recycling of Wastewater The City of North Richland Hi11s does net own and operate its own wastewater treatment plant. The City's wastewater is #reated by the TRA and the City of Fort Worth. 8.3 Ordinances, Plumbing Codes, or Rules on Water Conserving Fixtures The State of Texas has required water-conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These sta#e and federal standards assure that all new construction and renovations will use wa#er-conserving fixtures. The City of North Richland Hills follows these standards. 8.4 Water Waste Prohibition Landscape irrigation and outdoor watering are responsible for a large portion of the water wasted in the State of Texas. The City of North Richland Hills has adopted the following water conservation measures in an effort to reduce the amount of wasted water; • Prohibition of outdoor watering with irrigation systems from 10:00 a.m. to 6:00 p.m. every day of the year. Watering with hand-held hoses and soaker hoses is allowed. • Requirement that all irrigation systems installed on or after October 25, 1999, with the exception of those associated with agricultural and/or single family residential uses, must be equipped with rain and freeze sensors, • Requirement that all agricultural and/or single family residential irrigation system installed within the City on or after August 1, 2006 must be equipped with rain and freeze sensors. • Prohibition of irrigation systems that result in a substantial amount of water to fall upon impervious surfaces, such that a constant stream of water overflows from the lawn or landscape onto a street ar other drainage area. • Prohibition of poorly maintained irrigation systems that waste water. • Prohibition of outdoor watering during any form of precipitation. • Requirement for customers to repair a water service line ar irrigation line leaking on private property within a designated time period as directed by the North Richland Hills Public Works Department. Failure to comply with any portion of this section will constitute a violation and may be subject to enforcement of a fine up to Twa Thousand Dollars ($2,000.00) per violation. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance No. 3047 Page 14 of 63 8.5 Requirement for Water Conservation Plans by Wholesale Customers The City of North Richland Hills is a wholesale water supplier for the City of Watauga. The City of Watauga must develop and implement a water conservation plan as described in this section. Every contract for the wholesale sale of water that is entered into, renewed, or extended after the adoption of this water conservation plan wiN include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 2$8.2 of the TAC. The requirement will also extend to each successive wholesale customer in the resale of the water. 8.6 Coordination with Regional Water Planning Organizations Appendix D includes letters sent to the City of Fort Worth, TRA, the TRWD, TCEQ and the City of Watauga. A copy of the water conservation plan was included with each letter. 8.7 Request for Variance The Public Works Operations Manager or his/her designee may grant a temporary variance for water use prohibi#ed by this plan if it is detem~ined that an emergency condition resulting in an adverse affect to health, sanitation, or fire protection of a customer, person, or entity would result if a variance is no# granted. A temporary variance may also be granted if it is determined that a customer, person, or entity is caused undue hardship or financial burden if a variance is not granted. Outdoor watering at a service address with large multi-station irrigation systems may take place in accordance with a variance granted by the Public Works Operations Manager or his/her designee if it is determined that the property can not be adequately irrigated in a single day. A temporary variance may also be granted to playing fields which require wafering to maintain league standards. Skinned areas of sports fields may be watered as needed for dust control without applying for a temporary variance. In order to receive a written variance from the Public Works Operations Manager or his/her designee the customer, person, or entity must provide a written request including: • Name and address of the person reques#tng the variance. • Location of the proposed water use. • Detailed statement of potential damage and reason for the variance. • The volume of water needed and specific purpose of water use. • Period of time the variance is needed. • Detailed statement of water conservation measures that are being used. • Any diagram or other explanation that demonstrates the need far a variance. Ordinance No. 3047 Page 15 of 63 9.0 IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN. Appendix E includes a copy of the ordinance passed by the City Council which formally approves and adopts this water conservation plan. The ordinance includes penalties for non compliance and designates responsible officials to implement and enforce the water conservation plan. Appendix ~ includes a copy of the City's adapter! Landscape Water Management Ordinance and Amendment to Outside Watering Ordinance. Appendix G includes a copy of the adopted Illegal Water Connections and Theft of Water Ordinance. 10 Ordinance No. 3047 Page 16 of 63 APPENDIX A TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS 11 Ordinance No. 3047 Page 17 of 63 Texas Commission on Environmental Quality Rules on Water Conservation Plans far Municipal Uses by Public Water Suppliers TEXAS ADMINISTRATIVE CODE (TAC) Title 30 Environmental Quality Part 1 Texas Commission an Environmental Quality Chapter 288 Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements Subchapter A Water Conservation Plans Rule §288.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise, (1 } Agricultural or Agriculture -Any of the following activities: {A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the prac#ice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover craps, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating n any governmental program or normal crop or livestock rotation procedure. (2} Agricultural Use -Any use or activity invo{ving agriculture, including irrigation. (3} Conservation -Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (4) Drought Contingency Plan - A strategy or combination of strategies for temporary supply and demand management responses to #emporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s). 12 Ordinance No. 3047 Page 18 of 63 (5) Industrial Use -The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, commercial fish production, and the development of power by means o#her than hydroelectric, but does not include agricultural use. (6} Irri ation -The agricultural use of water far the irrigation of crops, tress, and pastureland, including, but not limified to, golf courses and parks which da not receive water through a municipal distribution system. (7) Irrigation Water Use Eft'iciency -The percentage of that amount of irrigation water which is beneficially used by agriculture crops. or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. {8) Mining Use -The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field re-pressuring. (9) Municipal Per Capita Water Use -The sum total of water diverted into a water supply system for residential, commercial, and public and institutional uses divided by actual population served. (10) Municipal Use -The use of potable water within or outside a municipality and its env"rronS whether supplied by a person, privately owned utility, political subdivision, or other entity as wep as the use of sewage effluent far certain purposes, including the use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes, including public and private swimming pools, the use of potable water in industrial and commercial enterprises supplied by a municipal distribution system without special construction to meet its demands, and for the watering of lawns and family gardens. {11} Municipal Use In Gallons Per Capita Per Day -The average daily amount of water diverted or pumped for treatment for potable use by a public water supply system. The calculation Is made by dividing the water diverted or pumped for treatment far potable use by population served. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons per capita per day for targets and goals. {12) Nursery Grower - A person engaged in the practice of floriculture, vi#iculture, silviculture, and horticulture, including the cultivation of plants in containers or non soil media, who grows more than 50% of the products that the person either sails or leases, regardless of variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stack such as the development of new plants #rom cuttings, grafts, plugs or seedlings. 13 Ordinance No. 3047 Page 19 of 63 (13) Pollution -The alteration of the physical, thermal, chemical, ar biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal lifie, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (14) Public Water Supplier - An individual or en#ity tha# supplies wa#er to the public for human consumption. (15) Regional Water Planning C3rauR - A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, §16.053. (16) Retail Public Water Supplier - An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual ar entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (17) Reuse -The authorized use for one or more beneficial purposes of use of water tha# remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of ar discharged ar otherwise allowed to flow into a water course, lake, or other body of state-owned water. (18) Water Conservation Plan - A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or wasfie of water, for maintaining ar improving the efficiency in the use o€ water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be con#ained within another water management document(s). (19) Wholesale Public Water Supplier - An individual or entity #hat for compensation supplies water #a ono#her for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its ernplayees or tenants as an incident of that employee service or tenancy when #ha# water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for delivery a fee. Source Note: The provisions of this §288.1 adapted to be effective May 3, 1993, 18 TexiReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27. 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146; amended to be effective October 7, 2004, 29 TexReg 9384 94 Ordinance No. 3047 Page 20 of 63 TEXAS ADMINISTRATIVE CODE (TAC) Title 30 Environmental Quality Part 1 Texas Commission on Environmental Quality Chapter 288 Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements Subchapter A Water Conservation Plans Rule X288.2 Water Conservation Plans for Municipal Uses by Public Water Suppliers (a) A water conservation plan #or municipal water use by public water suppliers must provide information in response to the following. If the plan does no# provide information for each requirement, the public water supplier shaft include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water conservation plans for municipal uses by public drinking water suppliers must include the following elements: (A) a utility profile including, but not limited to, information regarding population and customer data, water use data, water supply system data, and wastewater system data; (B} until May 1, 2005, specification of conservation goals including, but not limited to, municipal per capita water use goats, the basis for the development of such goals, and a time frame for achieving the specified goals; (C) beginning May 1, 2005, specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals far municipal use, in gallons per capita per day. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s}, wi#hin an accuracy of plus or minus 5.0% in order to measure and account for the amount of water diverted from the source of supply. (E) A program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (F} Measures to determine and control unaccounted-for uses of water (for exarnp(e, periodic visual inspections along distribution {Ines; annual or monthly audit of the water system to determine illegal connections, abandoned services, etc.}; 15 Ordinance No. 3047 Page 21 of 63 (G) A program of continuing public education and information regarding water conserva#ion; (H) A water rate structure which is nat "promotionai,° i.e., a rate structure which is cost-based and which does not encourage the excessive use of water; (l) A reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (J) A means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier; and (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans. (2) Additional content requirements. Water conservation plans for municipal uses by public drinking water suppliers service a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of leak detection, repair, and water loss accounting far the water transmission, delivery, and distribution system in order to control unaccounted-for uses of water; (B) a record management system to record water pumped, water deliveries, water sales, and water losses which allows for the desegregation of water sales and uses into the following user classes: (i) residen#ial; (ii) commercial; (iii) public and institutional; and (iv} industrial; and {C) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff}, and including any contract extension, that each successive wholesale customer develop; and ~6 Ordinance No. 3047 Page 22 of 63 (D) implement a water conservation plan. or water conservation measures using the applicable elements in this chapter; if the customer intends to resell the water, then the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so tha# each successive customer in the resale of the water will be required to implement water conservafiion measures in accordance with applicable provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs {1} and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines tha# the strategy is necessary to achieve the goals of the water conservation plan: (A) canserva#ion-oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water- conserving plumbing fixtures #o be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water-conserving plumbing fixtures in existing structures; (D) reuse and/or recycling of wastewater andlor greywater; (E) a program for pressure control andlor reduction in the distribution system and/ar for cus#omer connections; (F} a program and/or ordinance(s) for landscape water management; (G} a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. {b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Developmen# Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water Development Board. 17 Ordinance No. 3047 Page 23 of 63 (c) Beginning May 1, 2005, a public water supplier for municipal use shah review and update its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan nat later than May 1, 2009, and every five years after that date to coincide with the regional water planning group. Source Note: The provisions of this§288.2 adapted to be effective May 3, 1993, 18 TexReg 2558; amended to be effec#ive February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384 18 Ordinance No. 3047 Page 24 of 63 APPENDIX B FORM FUR CITY OF NORTH RfCFILAND HILLS WATER UTILITY PROFILE AND WATER CONSERVATION REPORT 19 Ordinance No. 3047 Page 25 of 63 APPENDIX B Customer Water Conservation Report Due May 1 of Every Year Name of Utility: City of North Richland Hills Address & Zip: 7200 A Dick Fisher Drive South Telephone Number: ($17} 427-6440 Fax: (817} 427-6440 Form Completed By: Alan Kna Title: Public Works, Utility Superin#endent __ Signature: Date: Name and Phone Number of Personl0epartment responsible for implementing a water conservation program: Jimmy Cates, Public Works Operations Manager (817) 427-6460 ____. I'T YLIT~C' PRtJFILE I. POPULATIOAI CUSTOMER DATA A. Population and Service Area Data 1. Service area size (square miles} 18.2 2. Current population of service area;_ 65,750 3: Current population served by utility: a: Water 65,750 b: Wastewater 65,750 4. Population served by water u#ility service area for the previous five years: Vii'`€AR . 2004 4. 2QC15 ..: 2!OQ6 ,: _ __`~OQ7 ~Oi78::. NRM. , 60,400 61,650 63,520 64,050 65,750 20 Ordinance No. 3047 Page 26 of 63 5. Projected population in the following decades: .._,,,_,__,,-. =YEAR 2Q~D: __-.r__ s ZU2Q : ,'2t.43U ,. 04Q ___ - -- _~.,... _ _. ,.. 205E1 2Q6t1 ' NRH ;' _.., ... 67,363 74,228 74,228 --1.....,......___ 74,228 74,228 74,228 6. List specific source(s)lmethod(s) for the calculation of current and projected population: - Current and projected population obtained through North Central Texas Council of Governments and geese and Nichols, Inc. B. Active Connections 1. Current number of active connections by user type. Check whether mul#i-family service is counted as: Residential X Commercial 2. List the net number of new connections per year for most recent three years: ,, . YEAR ' ` 2006 :.: 2Af17 :. 20.08 ;, , TG1T~1.L 428 312 ~ 165 C. Hiah Volume Customers 2~ Ordinance No. 3047 Page 27 of 63 List annual water use for the ten highest volume customers (indicate if treated or raw water delivery}. Provide date of most recent water use audit - if never audited, please indicate so. TREATED DATA QF' USE ~ ' "~:.OR ` ~ ~ ~ LI~~ST~~ ~~ CUSTOMER y,ooo RA'W WATER USE' Gal}onslYear WAFER AUQ.,IT ~:: ,.: , ~ Doskocl Food ~~ '119,528 Treated Never ., _ -2 BGPC Equestrian GP 45,682 Treated Never 3 BirdviHe Independent School District 44,439 Treated ~ Never "~: Remington Oaks Apartments 35,317: Treated Never .~...., 5 North Hills Hospital 30,847 ' Treated Never 6 Towne Oaks Apartments 21,862 Treated ; Never 7 ,Silver Creek Apartments 20,556 Treated Never 8 Tantara Club Apartments 19,573 Treated Never f 9` ; Mega Life and Health 1$,150 ~ Treated Never 14 ` Abbey Residential Services 17,764 Treated ~ Never 22 Ordinance No. 3047 Page 28 of 63 H. WATER USE DATA FC}R SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years (in 1,000 gallons): 'TQ~TAL t31:VER~ED AN© TiREATED WATER QEiL1ylER1ESAIND ~~-LES ~Y IUFONTH'` .... .w _ _ ,._ ___._.._.._.._. Year .. .w. Month-~ , , .....~_ . _ ._. _.-_... 2004 ~ 2405 2006 2007' 200$ . ..__ _ ~...,..__T_.......... _ ___ 3anuary . 255,228 256,984 317,989 239,070 25$,652 ~Februa 229,705 217,747 . 233,790 269,947 245,491 Illlarch ___ 376,231 .~ . 279,465 271,161 330,560..,,,., 283,027 Aprit ,: 310,797 352,288 376,421 340,872 283,816 ~N1ay June... July.:: ' ; _ _.. 382,416 291,801 468,151 379,843 ~ 524,209 55,597 437,370 524,843 585,979 303,328 298,131 371,471 350,371_ 516,490 603,652 +.August 465,604 554,458 634,078 492,840 584,143 5eptember~. 417,54D 652,066 392,474 451,016 443,050 October. Nove~mbe~ 334,884 251,283 488,776 ;, 343,759 414,893 349,321 378,071 311,274 ___. _ 3/84,0:18 326,793 ~3ecsmber .._... 242,984 ' 269,067 313,937 289,617 ,.... 272,250 `Total `: 3,926,624 4,784,259 4,$52,356 4,'[29,997 4,551,752 Accounting data taken from master meters located at four points of entry along the perimeters of the City (7699 Airport Freeway, 5105 Western Center Boulevard, 4145 Stanley Keller Road, and 1101 Glade Road). 2. Indicate whether water is supplied from; a. Untreated surface water sources:... b. Another utility as treated water: __~__ 2a. Far entities that treat their own water: Does utility operate a raw water intake? If so, indicate intake location and minimum elevations of safe operation. Location of raw water intake Elevation N 23 N/A Ordinance No. 3047 Page 29 of 63 2b. For entities that purchase treated water from another utility, list water supply sources and quantity purchased from each source: TR~ATEiD WATER ~:OUR~ES PUR~I~ASED' QUANTITY City of Fort Worth 3,191,562,060 Trinity River Authority '1,364,190,000 3. Amount of water (in 1,400 gallons) delivered (sold) as recorded by the fallowing account types for the past five years. Residentiat: Single and multifamily residences Commercial: Restaurants, retail, office Public/lnsti#utional: Municipal, airports, schools, hospitals Industrial: Large manufacturing Wholesale: Deliveries to successive customers Other: Uses not included in above categories. Please describe: Fire Hydrants 24 Ordinance No. 3047 Page 30 of 63 4. Calculate gallons per capita per day by account types for the past five years: 5. Lis# previous five years records for water loss (the difference between water diverted or treated and water delivered or sold. The goal fior percent of unaccounted far water is '10%. 6. List previous five years records for water reuse. Reuse is the authorized use for one or more beneficial purposes of use of water that remains uncansumed after the wa#er is used for the original purpose of use and before that water is either disposed of ar discharged or otherwise allowed to flow into a watercourse, lake or other body of state-owned water. Year Amount/Gallons °lo of Tatal Water Diverted or Treated NIA N/A NIA 25 Ordinance No. 3047 Page 31 of 63 7. Municipal per capita water use {in gallons per day) for previous five years. Municipal per capita water use is the sum total of water diverted into a water supply system for residential, commercial, and public and institutional uses divided by total population served. GPCD includes water losses. :YEAR POPULATIGN TC DIVER' ': 20Q4 60,400 20Q5 61,650 200fi. 63,520 i ` 2007 ~n~8 ', ~. 64, 050 --{ 65,750 1..._.~. __ ...-- ._.__._. TAL WATER .r. = Municipal Per Capita `Use: ED OR TREATED (GPC(~j. 3,926,624 65 ~ 4,784,259 ~ ..78 4,852,356 ~ 76 4,129,997 ~ 4,551,752 69 8. Previously stated per capita goals: _ 5 year - 176 (by year 2014) 10 year - 166 (bv Year 2Q19) 9. Did water use (GPCD) increase or decrease from previous year? Increase Percent increase ar decrease from previous year? 9.3°to 10. Briefly discuss reasons for the increase or decrease in municipal water use. Municipal water use increased in 2008 due to reduced rainfall from prior year, In 2008 total rainfall was 27.10 inches whereas in 2007, an extremeiy .wet year, rainfall was 50.05 inches. 26 Ordinance No. 3047 Page 32 of 63 APPENDIX C FORM FOR CITY OF WATAUGA'S WATER UTILITY PROFILE (A WHOLESALE CUSTOMER OF THE CITY OF NORTH RIGHLAND HILLS 27 Ordinance No. 3047 Page 33 of 63 City of Watauga. UTiLCCY PRQTILE ,.. ;~ ~~ _ ~ .w._,_._ _ . _ __ APPhIC~.N1.> DATA::__T Name of Utility: Citv of Watauga Address & 'Lip: 78UU Virgil Anthony Blvd. Telephone Ntunber: ('817) 5l ~l-SSSI. f~ ax: 8f 1 ~ ~Z7-f)935 Form Campleted 13y: James L. Medders `T'itle: Public Works Utility Sux~erintendent Signature: Date: Name and Fhone Number of Person/llepartment respansible far implementing a water conservatioa program: Name; Johnnie ltea~:an, Public Works Director Phone: a g17~514-5837 rr . UT LGlTY DATA L.~.~..___..:~_...__._._._ ...~..w..:..._- _.~.....~..__ 1. CUSTt)MER DATA A. Population and Service Area Data 1. Please attach. a cagy of your Certificate of Convenience and'Vecessity {CCN) flora the TC~>/(2 2. Service arca site {square inilcs): 4~'.5 Ordinance No. 3047 Page 34 of 63 3. Current population of service area: 24,150 4, Current population served. by utility: a: water 25,1.50 b: wastewater 24.150 5. Population served by water utility G. Projected population for for the previous five years: service area in. tkae following decades: Year Population Year Population 2004 23,750 201.9 24.274 2005 23,800 2020 2(1,175 2006 23950 2030 27,969 2007 24,U?S 2040 29,90b 2UU8 24,150 ~05Q 29,906 7. I.i:st sources}/method(s) for the calculation of current and projected population: Current uoputationc were taken from the North Central Texas Council of _Governments Projected noaulations were taken from the Region C Water Piannin~; Group, B. Active Connections l . Current number of active connections by user type. If not a separate classification, check whether multi-family service is counted as Residential X or Commercial Treated water users: Itiletered Not-metered 'Total Residential-Suigle-Family 7825 0 7825 Residential-Multi-Family 0 0 0 Commercial 345... U 345 Industrial ~ U ~ Public 30 0 30 Other 0 ~, ~ 0 Ordinance No. 3047 Page 35 of 63 2. C.,.i.st the uet number of new connections per year for most recent three years: Year 20f36 2007 2008 Residential -Single-Family 30 25 23 Residential-Multi-l~amil.y ~ ~ ~ CoYrunercia] 5 b . 3 Industrial ~ ~ 0 Public 1 U 1 Other ~ 0 ~ C. High Volume Customers List annual water use for the five hiC hest volume retail. aad wholesale customers (1'leasc indicate if~treated or rdw water delivery. Indicate C`ustotner lise l~al_.i 'r. 'I~reated or Raw (1} Daybreak Venhire 7 724 OU() Treated (2} Harvest Church 3,298,000 Treated (3) 'I'4'C;MW Inc. 2,792,0(}0 `1"rested (4) RNF GrauRinc. 22 b19 0OU Treated (5} Milan Jariwala 2,S 191000 Treated Ordinance No. 3047 Page 36 of 63 I.I. WATER USI±: DATA FOR SERVICE AREA A., Water Accounting Data Amount of water use far previous five years {in 1,000 gal.): Please indicate: Diverted VlJater Treated Water, X _---.....__. Year 2004 2005 2006 2007 2008 January (i0,984,UU0 76,782,000 80.985_ ()00 5(i.730,0UU 66,2IU,U00 February SS,U45,UUU SS,220,0U0. 58,982,Q0() 54,153,000 49,670,000 March 63,399,000 69 96_,~„U 000 65,966,000 61,255,000 63.119,000 April 70,385.000 78,957,000 73,925,000 65,439,,000 61,294,000 May $3,110,000 84,161000 105,431,Oa0 66.38U~QOp 69,244,000 June 71z741,OQ0 112,451,00.0_ 98.799..,~UO 62,.341,000 lU9,R36,000 July 105,213,000 131.,582,000 133,454,000 62,290,000 107 6~21,U00_ August 112t781,0UU 101,259,000 124,814,0.00 88,143,000 110,034,000 September 87 86 OUO I l 7,076,000 77,071,000 92,959.000 78,318,000 October 80,782,000 99,760.000 88,529.000 78,790,000 73 786,000 November 68.278.OQU 72,870,000 70,521,000 60.?SS,OUO 70.394,000 December 07.524,000 67,591,000 66,032,000 80 829 000 89,708,000 Total 927,.105 OUP t~UG7,6G~.U40 1 Od4.509,000 83U.t1C~.000 94~ 23~.0(lU Please indicate how the above #ig~ues were determined (e.g., from a piaster meter located at tl~e point of a diversion from a stream or located at a paint where raw water enters the treatment plant, or from water salcsj. Mraster meters at points o#' entry and water sales. 2. Amount of water (in 1,000 gallons) delivered (sold) as xecorded by the following account types i'or the past five years. Year Residential Cc~rnmercial Industrial Whplesale Other Total Sold _ 2004 721.,1.75,000 i 50,425,000 N / A N ! A N / A 871 00 000 2005 740,586.000 1_5fi,305 (00 N / A N / A N ! :~ 896,891..000 2006 787 503,000 171,461.,000 N/ A N f A N/ A 958,964.000 2007 692,047A00 142,488,000 N! A N! A N! A 834,535,,000. 2008 659.058 X00 152,584,000 NIA N ! h N / A R 1.1,642.000 Ordinance No. 3047 Page 37 of 63 3. List previous eve years records 4. List previous five years records for far water loss annual peak-to-average daily use ratio Year Amount (t;al.) Year Average MCrO Peak M_GI) Ratio 2004 83,897.t}00 2004 2.544 3.21.9 1.26 2005 1 I S.fi07.000 2005 2.295 4.683 2.04 2006 142.578.000 2006 2.8(i~. 4.410 t~54 2007 64.027.000 2007 2.274 03 129 20108 ]• 15.137.000 2008 2.600 4.226 i .G2 5. Total per capita. water use for previous live years Total lliverted (or Per Capita Year Papiilation "heated (,] 000 gal. Sales 2004 23.750 9US,9{}2,00(3 1Q4 SOS 23<800 1 ~75.bb9.000 123 2006 23 t7S0 1..057,146,000 ....._ 120 2007 24,025 836,065,000 95 2008 24.150 949 2___,_ 3~. 4 00() 107 6. Sea_~;onat water use for the previous five years (in gallons per person per day} t3ase Per Summer Per Year Papulatiou Capita CTse Capita CJse 2004 23,750 83 I36 2005 23.,8,00 93 lbl 2006 23,950 9C 166 2007 24,025 A2 48 200$ 24.7.50 90 1120 R. Pra,iected Water Remands Project water supply requirements fior at. least the next ten years using population trends, historical water use, al~d economic groc~~tlt, etc. Indicate sources of data and how projected water dennands were determined. The City of Watausa does not e~cnec# a large increase in water demand in the near future. The city is land lacked and there is very little room for residential ar commercial ~rowth..ln lViarch 2008 the city itassed (}rdinance # 1368 restricting customers to no watersne between the hours of >l0.00 am and fi-00 pm vestr round In lleccmber 2008 the ctty council passed Urd.inanee # 1397 with restrictions far irri ation installation and o oration, Ordinance No. 3047 Page 38 of 63 ill. WATER SUPPLY SYSTL+'M A. Water Supply Sources List all current water supply sources az~d the amounts available with each: Soczrce Amount Ava.ilabl.e Surface Water: North Richland Hills 17 MGD Groundwater: N/A MGU Contracts: NIA MGD Outer: N/A MGD B. °Creatmeat and l?istributiou System 1. Design daily capacity of system: 2_5 MGD 2. Storage Capacity: E.Ievated 2 MGD, Crround 2 '1~iGD 3. If surface water, do you recycle filter baclc~vash to the head of the plant? Yes n / a fro n / a ll' yes, approximately n / a MGD. 4. Please describe the water system.. Include the. number of treatment plants, wells, and storage taz~k.s. iPpossible, include a sketch of the system layout. The City of Watauga's water system receives tturchased water from North Richland Hills, supplied by the City of Fort Worth and the Trinity River 4uthority Watauga has a distribution system. one 2 million gallon elevated storage facility and oae 2 millian ~ailon ground stara~e facility. The eround storage facility is faintly used with North Richland Bills. Ordinance No. 3047 Page 39 of 63 IV. WA.STF:WATLK VFIL,1'I`Y SY51'EM A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s): n / a MGD 2, is treated effluent used fnr irrigation on-site n J a off-site n / a, plant wash down n / a, or chlorination / dechlorination n ! a `? if yes, appmximatcly n / a gallons per month. Gould. this be substituted far potable water now being t~.tied in these areas n / a ? 3. Briefly describe the wastewatex system(s) of the area ser~~iced by the water utility. llcscribe how treated wastewater is disposed of. ~~fhere applicable, identify treatment plant(s) with. the TCFQ name and number, the operator, owner, and, if ~vastcwater is discharged, the receiving stream. Please provide a sketch or map which. locates the plants} and discharge points or disposal sites. The Citf of Vt'atau~a does not have a wastewater treatment plant. Watau~a's _Wastewater is treated by The City of Fort Worth. The numbers in B were taken from. billing invoices from Fort Worth. B. Wastewater Data for Service Area 1. Percent of ~vaier Service area sewed by wastewater system: l00 2. Monthly volume treated for previous tluee years (in i,UOU gallons}: Year 2006 2007 2008 Jan uarX 50.725,000 73,698,00 58.945.000 _ February 49,097,ODU 60, l 77,UUU 52,702A00 i1~Iarch 57,334,()()0 72,313.000 $6.157.000 April SC,318z000 62,903,UOU 72,260 Ut)0 Mav S4,2U4.000 91,291.000 63,0$9,000 June 54,09 3,OU0 95,793,OU0 50,836.000 J~ 48,109,UOU 87,395.0Q1? 54A50,000 Elugust 48,9b2,U0U 60,565,OOU 58,7.10.000 September 55.296,000 59,170,000 49,890.000 October 53,704,0©0 59,211,000 49_ ,024,OOU November 48 362,OU0 54,273,UUU 55,981,000 December 55,760,000 58.481,0(}0 50,864,000 Total 632,964,_,,000 835,275,000 7027U2 5_,.000 Ordinance No. 3047 Page 40 of 63 Definitions of Utility Profile T¢rms Residential sales should include water sold to residential (Single and Multi-Family) class customers only. Industrial sales should include water sold to manufacturing and other heavy industry. Commercial sales should include water sold to all. retail businesses, oitices, hospitals, etc Wholesale sales should include wafer sold. to another utility for a resale to the public fclr human consumption. 2. Water Lass is the difil:erence between water a utility purchases or produces and the amount. of water that it can account far in sales and otl;er known uses tar a given period. Water lass can result frorn: 1. inaccurate or incomplete record keeping; 2. meter error: 3. unmctered uses such as lirefiglating, line flushing, and water for public buildings and water treatment plants; 4. leaks; and 5. water theft and unauthorized use. 3 The peak-day to average lay ratio is calculated by dividing tl~.e maximum daily pumpage {in million gallons per day} by tb.e average daily pumpage. Average daily pumpage is the total pumpage for the year (as reported in Section IIAI, p. 4) divided by 365 and. expressed in million lallons per day. 4. Total use in gallons per capita per day is deli reed as total average daily amount of water diverted or pumped for treatment for potable use by a public water supply system. The calculation is made by dividing the water diverted or.• pumped for treatment for potable use by population served, then dividing by 365. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculation gallons per capita. per day for targets and goals developed for the water conservation plan. Total water. use is calculated by subtracting the wholesale sales from. the total water diverted or treated (as reported in Section IIA 1). 5. Seasonal water use is the difference between base {winter) daily per capita use anal summer daily per capita use, To calculate the base daily per capita use, average the monthly diversions for December, January, and February, and divide this average by 34. Then divide this figure by the population. To calculate the snrnmer daily per capita use, use the; months of June, July, and. Au~nist. Ordinance No. 3047 Page 41 of 63 APPENDIX D LETTERS TO WHOLESALE CUSTOMERS: CITY OF FORT WORTH CITY OF INATAUGA TRINITY RIVER AUTHORITY THE TEXAS WATER DEVELOPMENT BOARD THE TEXAS COMMIS510N ON ENVIRONMENTAL QUALITY 36 Ordinance No. 3047 Page 42 of 63 ~''~ ' ' ~ piafsiic'~/~F;;s / l,ltifities 5,.y~1. if 4/L' L"d~J.~~~.L~l ~~~~.~~lf..i`D.i``~i~~t ~~~~~~~ March 17, 24Q9 Clt}( of Fort Werth Frank Crumb, P.~. 1040 Thrackmortan Fork Werth, TX 76102 RE: Cite ofi North Richland !-tills' Water Canservatian Plan near tvlr. Crumb: Please fend nnclased the City of N©rth Richland Hills' Water Conservatian Plan. As you are aware, this plan is required by TC~Q trs meet the minimum regcfiirements provided in Texas Administrative Cade Title 3C3, Park 1, Chapter 288, Subchapter A, Mule 288.20. fn add'rtian, as a wholesale customer of the City of Fork Worth, w® have reviewed the City of 1=cart Worth°s plan and l~ekieve our plan refilects the goals and criteria as stated in Fort !North's plan. Please fee! free to contact me at 827-427-6464 if you require any additional information regarding this matter. Respectfully, Jimmy Crates Public Works tJperatic~ns Manager enclosure JClthfpwt2t~©9-048u '.~~. E~ox z2{;~~~~ .* Pv,,r'tf~t i?iclif~ard i-iiSls, TPxaS 761{32-0FiG9 Y.'r1C~r~%,ti~: i"i~t-~~s !?;. r: * iL#i7) 42?-64~tU * Fix !{!4?) 42?-6444 Ordinance No. 3047 Page 43 of 63 ~'uk~f3c L°Jorks ~ Utilities ~TT'~' ~:~~ ;?~C?T~.T~~# ~~Ti:~:-I1~, A~~~.~ ~T~1..7,4> llflarCl1 ~~, ~~~~ Gity of Watauga Kerry Lacy, City Manager 7840 Virgil Anthony Boulevard Vllatauga, TX 7S'l4f3 RE: City of Pdo~rth i~ichlartd Hil$s` ~Nater Gonser~ration Plan Dear Mr. Lacy: Please f€nd enclosed the Gity of North Richland l°ii(ls' lNater Gonservatiort Plan. As you are aware, the Texas Commission on Environmental Quality (zC~Q~ is requiring all municipalities with a population ref a,Q00 or greater, tQ submit these documents by May 1, 2089. As the City of North Richland F9ills' wholesale customer, the City of Watauga is required tv implement a plan cc-nsistent with that developed by the Gity of North Richland Hills..4 draft cagy of the proposed plan was submitted to Mr. James Medders as re#erertce material an February 10, 2UOg. Pease feet free to contact me at X17-4~7-~~~4 if ys~u need any additlanai infpm~+ation regarding this matter. Sincerely, Jimmy Cates, Public Works {Jperations Manager Enclosure JGlth/pv~l2q{~9-t}49u r~.{3, (~:: ~%~1E>r+`r+ •x :+a~l~~ ;~{iCid~irlU }-?ItES, Texas 7~i182•a~,t?S "12aCa ~,, {,:Di;.[~: f'isi`~r-.~t• t7t'. 3 * f~~'r'2 427-~~44a * fax. %81'7) 427-5444 Ordinance No. 3047 Page 44 of 63 Public +~4'~rks ! UriiEtiEs C;;.IT~' ir7~ ~.TC,~~~.T~->: I? 1:~~~ ~ ~ ~,. ~ ~~ ~~:~ ~-~~tT ,~~ March 17, 2009 Trinity River Authority Patricia Cleveland, IVlanager of Operations P.ta. Box 244 Arlington, TX 76C1C~4-tt24Q RE: City cif Piarth Richland l~iill~,' Water Conservation Plan Dear Ms. Cleveland: Please find enclosed the City of 1~3orth Richland Mils' Water Conservation Plan. As yota are aware, this plan is required by TC~Q to meet the minimum requirements provided in Texas Administrative Gode Title 30, Dart 1, Chapter 288, subchapter A, Rule 288.20. In addition, as a wholesale customer of the Trinity River Authority we have reviewed the Trinity River authority's plan and believe our plan rEflects the goals and criteria as stated in Trinity River Authority's plan. Please feel free to contact me at 817427-ta484 if you require any additional information regarding this matter. Respectfully,. Jimmy Cates _.._.........~.....~._..~.~.~~..n....~._._. Public V~"artcs Operations Manageo° Enc:tosure JC/fh/pw32o(}9-047u ='.~i. Esr;r, t'>~:`1Fii?9 * a~iust'~~'r'tic"'~iand H'si1s, Texas'7~i32.O6Q9 7~' tt) p. t.;i.::: l=istTeC [)r..7 y (81'?} 427..S~aU * ~;~x tt3"i ~) ~~7-6~~4 Ordinance No. 3047 Page 45 of 63 -^ ~ ~'( ( q ~uolic VVnres ! Utilih~s ~~ ~ i C...1 ].' 1 ~7i~J~`;~ le~`% ~<_l't,~_ £' 3 ~..r ~ l "U ~..3 ~'~7.~_..J~ a) March 17, 2009 1`exas Water Devetopn~gent hoard Ethan Ham P.O. Box 13231 Austin, TX 76711 RE: City ofi North Richland Hillw' Water Conservatiort Plan [~®ar Mr. F~lam: Please find enclosed the City of North Richland Hills' Water Conserrration Plan. As you are aware, this plan is required by TCEt~ to meet the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 268, Subchapter A, Rate 288.2Ct. fn ,addition, as a wholesale customer of the City of tart Worth and the Trinity River Authority, we have reviewed their plans and believe our plan reflects the goals and criteria as stated in their plans. Please feel free to intact me at 617-X27-644 if you require any additional information regarding this matter. Respectfully, Jimmy Cates Public Works Operatit~ns Mar~eger Enclosure JC/thlpw12t30~-U52u l'.~. is>nx FS2fi6f1Ei * PJor~:l~~ a~tic~rlanr~ Hills. ~°xcrts 7838~.{~0~ ;%2?~~R iii~:l: l=i3f~Nr !fir'. S W (897} ~}~7-r^:~~Cf * ~'~x {8'17) 427-6~1~4~ Ordinance No. 3047 Page 46 of 63 f'iJblic Wwks l t.~tiGti~5 March 17, 2409 Texas Commission on ~r~virt~nrnental CtuaGty Kristin Wang -- MC 150 P.rJ. Box 13487 Austin, TX 78711-:3C?87 F2F: The City of t~arth l~ichland l~lills"'+i~9ater Conservation Plan Dear Ms. Wang: Please find enclosed the Cify of Garth Richland I°lills" Water Conservation Plan. As you are aware, this plan is required by TCEGt to meet the minimum requirements pravtded in Texas Administrative Cade Title 30" Part 1, Chapter 288, Sulzchapter A, Rube 288.20. In addition, as a wholesale customer e~f the City of Fort Worth and the "Crlnity River Authority, a-ve have reviewed their plans and believe our plan reflects the goals and criteria as stated in their plans. Please fee! free to contact me at 817-427-~i484 ifi you need ~rny addifionat information regarding this matter. F2espectfully, .limmy Gates Public Works Q~reratic~ns Manager rrnclosure JCtkhlpwi2cOS-465u F.ta Facfx 82il~ii ' * P~Ui'tPr ~tir.;hlartd ~-iii6s, ?texas 76181-Ubv9 7~'.uti c:,?_~ac>. ~=i:~f~~:e Di`. ~ ;r (€~17;i.42.,'r.-i:.+44U * ;pax (817) ~2?-a~4A~r Ordinance No. 3047 Page 47 of 63 APPENDIX E CITY OF NORTH R1CHL.AND HII_L.Sr ORDINANCE ADOPTING WATER CONSERVATION PLAN 42 Ordinance No. 3047 Page 48 of 63 OI2DINANCF. NO. AN ORDINANCE AMENDING SECTION 7$-b2 OF TIFF: NORTH RICHLAND HILLS COD>N: OF ORDINANCES; REVISING Tf:IE WATER CUNSk;li7VATION PLAN; ESTABLISHING 'THE AI.:THORITY FOR THE CITY MANAGER TO EXECU'I'F: THE F.I.F,MENTS OF THE PLAN; AUTHORII.ING THE FILING OF TIIE PLAN WITH THE TEXAS COMMISSION ON ENV1:itONMENTAL QUALITY; ESTABLISHING PENALTIES, .PROVIDING FOR .PUBLICATION, FOR SEVFRABiLITY AND PROVIDING AN EFF:EC~'I'lVE DATE.. WI-IEREAS, the City vfNorth R.ichla»d Hills, Texas (the "City") recognizes that the amount of water availabl.c to its water customers is limited; and, WHEREAS, the C',ity recognises that due to natural limitations, drought conditions, system failures and other acts of God which may occur., the city cannot guarantee an uninterrupted water supply for all purposes at ail times; and, WHEREAS, the regulations of the `T'exas Commission on Environmental Quality (the "Commission") require that the City revise its currently adopted Water Conservation Plan; and, WHEREAS, the City has determined an urgent need in the best interest of the public to revise the current Water Conservation i'lan; and, WHER.F,AS, pursuant to Chapter 54 of the 'Texas Local Government Code, the City is authorized to adopt such ordinances necessary to preserve anti conserve its water resources; and, WHEREAS, the City Council of the City of North Richland Hills desires to rep>ise the current Water Conservation Plan as official city policy for the conservation of water; NOW THEREFORE, BF, TT ORDAINED BY THE CITY COCTNCIL OF 7`HE CITY OF NORTH RICHLAND HILLS, TEXAS: SEGTiON I : '11~at Sec. 78-tit of the l~`orth Richland 1-fills Code of Ordinances is hereby amended to read as f'oilows: uSec. 7$-62. Water Conservation Plan adopted. (a) Plan adaPteri. The City of North Richland Hills, Texas hereby adopts the Water Conservation Ylan attached hereto as Attaclunent A. The city commits to implement the requirements anal procedures set forth in the adopted Plan. Ordinance No. 3047 Page 49 of 63 (b) Procedure, rules artd regulations. 'T'he City Manager or his designee shall have the authority to eltact and promulgate rotes and regulations of the Plan as necessary to protect the health and safety of the general public. (c) Penadtyfar 1~ialatians. Any customer, as defined by Rule 2$8.2, Title 3q, Chapter 288 Subchapter 13, 'Texas Administrative Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor involving health and safety and shall be subject to a fine not exceeding "Two 'Thousand Dollars {$2,000.00) and/a.r discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate violation. The City tray also seek injunctive or other civil relief for actual or threatened violations." Section 2. Severability. It is hereby declared to be the lntentian of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared uneonstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not ail'ect any of the remaining phrases, clauses, sentences, paragraphs and sections of dais ordinance, since the same would have been enacted by the City Council without the incoxporation in this ordinance of any such unconstitutional phrase, clause, sentetaee, paragraph or section. Section 3: The; City Secretary is hereby authorized and directed to cause the publieatiota of the desct~iptive caption and penalty clauses of this ordi.nanee as an alternative method of publication provided by law. Section 4: "l:'ltis ordinance shall tie in full farce and effect immediately after passage. Section 5. The City Manager or his/her designee is hereby directed to file a copy of the plan and (7rdinance with the Commission in accordance with Rule 2813.2, 'T'itle 3U, Chapter 288 Subchapter B, Texas Administrative Code. PASSED AND APPROVED this 23rd day of March, 2gg9. Oscar Trevino,111ayor Orrdinmice No. Ordinance No. 3047 Page 50 of 63 ATTEST: Patricia Hutson, City Secretary APPROVED AS TO rORM AND LEGALITY: George Staples, Attorney APPROVED AS 'I'O CON'TEN I': Mike Curtis, .Public VVarks Director Urdinanoz No. Ordinance No. 3047 Page 51 of 63 APPENDIX F CITY OF NORTH RiCHLAND HILLS' LANDSCAPE WATER MANAGEMENT ORDINANCE AND AMENDMENT TO OUTSIDE WATERING ORDINANCE 46 Ordinance No. 3047 Page 52 of 63 ORDINANCE NO. 2893 AN ORDINANCE AMENDING CHAPTER 78 "UTILITIES", ARTICLE II "WATER", DIVISION 2 "WATER CONSERVATION AND RATIONING" OF THE NORTH RICHt.AND HILLS CODE OF ORDINANCES BY ADDING SECTIONS 78.65 TO BE ENTITLED "LAWN AND LANDSCAPE IRRIGATION RE3TRiCTIONS", SECTION 78-GB TO BE ENTITLED "RAIN SENSING DEVICES AND FREEZE SENSORS" AND SECTION 78-67 TO BE ENTITLED "`EKCEPTIONS"; AMENDING SECTION 114.71(C} OF THE CODE OF ORDINANCES TO CONFORM TO THE OTHER AMENDMENTS HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABiLITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that conservation of water and protection of water supplies is necessary to protect public health and sanitation as well as to provide water for fire protection; and WHEREAS, the City Council having previously adopted a water conservation plan Incorporated into the Code of Ordinances; and WHEREAS, securing future water supplies wilt require proving to state permitted agencies that existing water supplies are being used efficiently. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Chapter 78 "utilities", Article II pWater", Division 2 "Water Conservation and Rationing" of the Code of Ordinances be and is hereby amended by adding Sections 78-65 through 78-67 which shall read as follows: Sec. 78-65. Lawn and landscape irrigation restrictlarts Ordinance No. 3047 Page 53 of 63 (a) Except for hand watering and the use of soaker hoses, a person commits an offense if a person irrigates, waters, or causes or permits the irrigation of watering of any lawn or landscape located on premises owned, leased, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m. during the period from June 1 through September 3q of any year. (b} A person commits an offense if he knowing{y or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises awned. teased or managed by the person in a manner that causes: (1) 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 taws or landscape onto a street or other drainage area; or (2) an irrigation system ar other lawn or landscape watering device #a operate during any form of precipitation. {c} A person commits an offense if, on premises owned, leased, or managed by that person, he operates a lawn or landscape irrigation system or device tha#: (1) has any broken or missing sprinkler head; or (2) has not been properly maintained in a manner that prevents the waste of water. Sec. 78-66. Rain sensing devices and freeze sensors. (a) A!1 irrigation systems installed on or after October 25, 1989 with the exception of those associated with agricultural and/or single family residential uses must be equipped with. rain and freeze sensors. (See Sec#lon 114-74} (b} Any agricultural and/or single family residential irrigation system installed within the City on ar after August 1, 2006 must be equipped with rain and freeze sensors. {c) The patab(e water supply to lawn irrigation system shall be protected against backflow in accordance with the City's Bac[cflow and Cross-connection Control Program adopted by Article Vil of Chapter 78 of the Code of Ordinances. Qrdinenas No. 2893 Page 2 of 5 Ordinance No. 3047 Page 54 of 63 (d) !t shall be unlawful for any person to knowingly or recklessly install, operate, or cause, or permit the installation of or the operation of, an irrigation system in violation of subsections 78-66 {a) through (d) on premises owned, leased, or managed by that person. Sec.78-67. Exceptions. (a) The Director of Public Works or his designee may grant exceptions from the provisions of Sections 78-65 or 78-66 to persons demonstrating extreme hardship and/or need as determined by the Director of Public Works or his designee and only under the following conditions: (1} The applicant must sign a compliance agreement an forms provided by the Public Works Department, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the exception. (2) Granting of an exception must not cause an immediate significant reduction in the City's water supply. Examples of hardships that will be considered shall include such things but not be limited to such items as: - New landscaping andlor lawns that can not be watered during the specified times - Installation of new irrigation systems - Repair andlor adjustments to an existing irrigation system - Any hardship related to the health, safety and welfare of the person making the request - Any other request determined to be a hardship as determined by the Public Works Director or his Designee {b) The Director of Public Works or his designee may revoke an exception granted when determined that: (1) the conditions of subsection {a) 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." grdlnanc® No. 2883 Pag®3 of 5 Ordinance No. 3047 Page 55 of 63 SECTION 2. That Section 114-71(c}{1 } Landscaping Regulations general criteria of the Code of Ordinances be and is hereby amended to read as follows: Sec. 114-71. Landscaping regulations (e) General criteria. "(1 } The standards contained in this section are considered minimum standards and shall apply to all zoning districts. Agricultural uses and single-family residences and their accessory buildings shat{ be exempt from the requirements of this Article except as provided in subsection (c}{2} of this section and Section 78-66 of this Code." SECTION 3. This Ordinance steal! be cumulative of ail provisions of the Coda of Ordinances of the City of North Richland Hills, and other applicable City ordinances, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the applicability of the conflicting provisions of such ordinances are hereby repealed to the extent of such conflict. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shaft be dedar®d unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 5. Any person, firm or corporation 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 mare than Two Thousand Dollars ($2004.00} for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper one time within ten (i0} days after final passage hereof. SECTION 7. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordered. Ordinance No. 2893 Page 4 of 5 Ordinance No. 3047 Page 56 of 63 PASSED AND APPROVED on this 10~' day of July, 2406. CITY F ORTH LAND. ~~~~ ~aNo ,~ ~, ~y: a h ~ s r T e no, tulayor A T: r ~ l _ Secretary APPRO D S TO F RM AND LEGALITY: George A. Staples City Attorney APPROVED AS TO GONTENT: Mike Curtis, Public Works Director Ordinance No, 2693 Page ~ of 5 Ordinance No. 3047 Page 57 of 63 ORDINANCE N0.30U~9 AN ORDINANCE AMENDING SECTION 7'8-65 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO EXTEND OUTSIDE WATERING RESTRICTIONS TO ALL MONTHS OF THE YEAR; PROVIDING THAT THIS ORDINANCE SHAtL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION !N THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hilts, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article Xl, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that conservation of water and protection of water supplies is necessary to protect public health and sanitation as well as to provide water for fire protection; and WHEREAS, the City Council having previously adapted a water conservation plan incorporated into the Cade of Ordinances; and WHEREAS, securing future water supplies will require proving to state permitted agencies that existing water supplies are being used efficiently; and, WHEREAS, THE City has been requested by its supplier of potable water to extend the restrictions on hours for outside watering to all months of the year in order to conserve water; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That Section 78-65(a) of the North Richland Hi11s Code of Ordinances be amended fo read as follows: "Sec. 78-65. Lawn and landscape irrigation restrictions (a) Except for hand watering and the use of soaker hoses, a person commits an offense if a person irrigates, waters, or causes or permits the irrigation of watering of any lawn or landscape located on premises owned, leased, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m. Ortlinance No. 3D09 Page 1 pf 2 Ordinance No. 3047 Page 58 of 63 Section 2. it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shal4 be declared unconstitutional by the vafid judgment or decree of any court of competent jurisdiction, such uncanstituYronality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ortiinanee of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 3. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance steal! be fined not more than Two Thousand Dollars ($20aa.aa) for each offense. Each day that a viola#ion is permitted to exist shall constitute a separate offense. Section 4. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper one time within ten {1a) days after final passage hereof. Section 5. This Ordinance shall be in full force and effect beginning October 1, 2ao$ and after its passage and publication as required by law and it is so ordered. .S Q AND APPROVED on this 26th day of August, 2aas. ;~ LANO .yr CtT1f O RT HLAND HILLS ~ ~N r sy. h „ sear Trevino, Mayor Hutson, City Secretary APP S FORM AND LEGALITY: Geo ge A. tap s, City Attorney APPROVED AS TO CONTENT: i~u is, P.E., Public Works Director Ordinance No. 3449 Pape 2 of 2 Ordinance No. 3047 Page 59 of 63 APPENDIX G CITY OF NORTH RICHLAND HILLS` ILLEGAL WATER CONNECTIC?NS AND THEFT OF WATER ORDINANCE 84 Ordinance No. 3047 Page 60 of 63 UR:DIN:'~NCE NU. AN ORDINANCE AMENDING SECTIONS 78-1(a) AND ADDING A NEW SECTION 78-4U OF THE NOI2'I`H RICHLAND HILLS CODE OF ORDINANCES TU INCREASE THE PENALTY FOR VIOLATING PROVISIONS OF CHAPTER 78, DIa:FINING AND PROHIBITING THF..FTS OF SERVICE .AND TAMPERING WITH THE PUBLIC WATER SYSTEM; PROVIDING A SEVEItABILII`Y CLAUSE; PROVIDING A PENALTY FOR VIOLA'1'iONS; PROVIDING FOR PUBLICATION IN TIKE OFFICIAL NEWSPAPER; ANll PROVIDING AN E,FFFCTIVE DATE. WHEREAS, the City of North. Richland Hills, Texas (the "City") is a home rule city acting pursuant to Article Xl, Section 5, u! the Texas Constitution and. Chapter 9 of the Local Government Code; and WHEREAS, t[1e City Council finds that protection of water and protection of water supplies and the prohibition again.5t tampering with water systems and connections is necessary to protect public health and sanitation as well as to ensure the payment far services which makes the systems fiscally sound; and WHEREAS, Chapter 54 of the Texas Local Government Code authorizes the adoption. of lx>licies necessary to preserve and protect available water supplies WHF.i2EAS, specific regulations are necessary to protect against unauthorized water connections and theft of water; NOW THERFFORt+:: RE IT ORDAINED SY THE CITY COUNCIL UlE<' THE CITY OF NORTH RICHLAND HILLS, 'I'FXAS: Section '1. That. Section 78-1 (a} of the North Richland Bills Code of Ordinances be amended to read as follows: "Sec. 78-i. 17Vater and sewer system rules, regulations, policies and procedures; penalty. (a) Penalty fvr violations. Any }arson who shall violate any of the pxavisions of this chapter, or fail to comply therewith, or who shall violate or bail. to comply with any order made thereunder, or who shall build in violation of` any detailed. staicmcnt. of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal h.as been. taken, ar who shall fail to comply with such an order within the tune fixed therein, shall severally for each and every such viotat}on and noncompliance respectively be guilty of a misdemeanor, punish.ab[e by a fine not exceeding $2,(?{10A0. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; anal all. such persons shall be required. to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense." Ordinance No. 3047 Page 61 of 63 Section 2. 'T'hat Division 2 of Chapter 78 of the North Richland I~lills Code of Ordinances be amended by adding a new Section 7$-40 which shall read as follows: "Sec. 78-40. Theft of water (~a) No person. shall, without the authorization by the City of North Richland Hills, directly or indirectly initiate or restore Cit,r water service to any property within the City or tamper with, connect to, or alter any eompanent of the City's water system,. including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground or elevated storage tanks. (b} If, without the written authorization of the City Manager or his designee, the owner, occupant or person in charge of property knowingly causes, suffers or allows any water service to such property to be initiated or restored after termination of such service, it shall. be presumed that such owner, occupant or person in control of such property was responsible for such initiation or restoration and such person shall be deemed guilty of an oCT'ense for each day such service continues. (c} No person shall make or cause a false reading to be made to the City of a reading of a water meter installed for metered billing." Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconsti.tutianal by the vatid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remauning sccti.ons, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 4. Any person, firm or corporation 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 Two Thousand Dollars ($20(}0.00) far each offense. Each day that a violation is permitted to exist shall constitute; a separate offense. Section 5. The City Secretary is inerc:by directed to publish th.i.s ordinance or its caption and penalty in the offtci.al City newspaper as required by la~~~. Section b. This Ordinance shall be in fut.! force a.nd effect from and ati`er its passage and publication as .required bylaw, and it is so ordered. PASSED AND APPRUVEI) UN `C'RTs ~_ DAY OF ~, 2009. OSCAR TRF.,VINU, MAYOR Ordinance No. 3047 Page 62 of 63 ATTFS'I'; PATRICIA I~IUTSOivT, CITY SECIZET'AR~ APPROVED A5 TO kUR~'VI: CiF.ORGE STAPLES, A'I"1 U.I2.NE Y APPROVED AS `I'O C'C)NTENI~: MIKE CUR"I'IS, PUBLIC VJOR.KS DIREC'T'OK Ordinance No. 3047 Page 63 of 63 INVOICE Preview Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 304170841 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 4/21/2009 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 4/30/2009 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 30417084 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn STACEY HARRISON Publication Dates: 4/20/2009 - 4/21/2009 Description Location Col Depth Li nage MU Rate Amount r I I �;i N,' Il Legal Notices CITY OF ORDINANCE NO. 3580 1 71 71 LINE $0.36 $51.12 3047 of the plan with the An ordinance amend- Texas Commission ing Section 78 -62 of On Environmental Sales Disc the North Richland l Quality; establishing Penalties g ($5.00) Hills Code ublication Providin nances; revising the P Water Conservation severability and Plan; establishing Providing an effec- Misc Fee the authority for the five date. $5.00 City Manager to Cc) Penalty for viola - execute the ele- tions. Any customer, ments of the plan; as defined by Rule authorizing the filing 288.2, Title 30, Chapter 288 Sub- chapter B, Texas Administrative Net Amount $51.12 Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misde -I meanor involving health and safety and shall be subject to a fine not ex- ceeding Two Thou- sand Dollars 02,000.00) and /or discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate viola - tion. The City may THE STATE OF TEXAS als otherrelief seek injunctive r Count f Tarra for actual or ry arran t h r 0 a t e n e d violations." Passed and Approved Before me, a Notary Public in on p this 13th day of State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published /s /oe�arTrevino c. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of a ATTESTeV1no -May blish n the above named paper on the listed dates: BIDS $ LEGAL DEPT. STAR TELEGRAM ( 817 ) 390 -7501 /s /Patricia Hutson Patricia Hutson - City APPROVED A L FOR ned FORM AND LE_ V�- Ge ITY: �Q orge Staple City ,�` ��,�`" �7C ••� //e SUBSCRIBED AND SWORN Attorney Monday, April 27, 2009. •� Notary Public 4 h� Thank You For Your Payment --------------------------------------------- Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 304170841 Invoice Amount: $51.12 PO Number: Amount Enclosed: