HomeMy WebLinkAboutOrdinance No. 19-011 adopting the 2019 Drought Contingency PlanORDINANCE NO.19 -011
AN ORDINANCE OF THE CITY 0F UNIVERSITY PARK,TEXAS,AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK,CHAPTER
13 "UTILITIES",SECTION 13.03.012 (a),BY ADOPTING A NEW DROUGHT
CONTINGENCY PLAN;ESTABLISHING CRITERIA FOR THE INITIATION
AND TERMINATION OF DROUGHT RESPONSE STAGES;ESTABLISHING
RESTRICTIONS ON CERTAIN WATER USES;ESTABLISHING PROCEDURES
FOR GRANTING VARIANCES;PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00)AND/OR THE
DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE
PROVISIONS OF THE DROUGHT CONTINGENCY PLAN;PROVIDING A
SEVERABILITY CLAUSE;PROVIDING FOR THE REPEAL OF ORDINANCES
IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of University Park,Texas ("City")recognizes that the amount of water
available to the City and its water utility customers is limited and subject to depletion during
periods of extended drought;and
WHEREAS,the City recognizes that natural limitations due to drought conditions and other acts
of God cannot guarantee an uninterrupted water supply for all purposes;and
WHEREAS,in the best interest of the citizens of the City of University Park,Texas,the City
Council deems it expedient and necessary to establish certain rules and policies for the orderly
and efficient management of limited water supplies during drought and other water supply
emergencies;and
WHEREAS,Title 30,Chapter 288 of the Texas Administrative Code and the regulations of the
Texas Commission on Environmental Quality ("Commission")require that the City adopt a
Drought Contingency Plan that establishes minimum regulations and restrictions;and
WHEREAS,the City Council of the City of University Park desires to adopt the City'S 2019
Drought Contingency Plan as the official City policy for the management of water supplies
during drought or other water supply emergencies;NOW,THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITYPARK,TEXAS:
SECTION 1.That Section 13.03.012 (a)(2)of the Code of Ordinances of the City of
University Park,Texas,is hereby amended to read as follows:
"(2)Drought contingency plan.The 2019 Drought Contingency Plan for the City of
University Park,Texas,is hereby adopted by reference and a true copy of such plan shall be
retained by the City Secretary and the Director of Public Works and be available for public
inspection during all business hours of the City of University Park."
SECTION 2.That the City Council does hereby find and declare that written notice of
the date,hour,place and subject of the meeting adopting this ordinance was posted at a designated
place convenient to the public for the time required by law preceding the meeting,
that such place of posting was accessible to the public,and that all the foregoing was always done
as required by law during which this ordinance and the subject matter thereof has been discussed,
considered and enacted.The City Council further ratifies,approves and confirms such written notice
and the posting thereof.
SECTION 3.The City Manager or his designee is hereby directed to file a copy of the
Plan and this ordinance with the Commission in accordance with Title 30,Chapter 288,of the
Texas Administrative Code.
SECTION 4.The City Secretary is authorized and directed to cause publication of the
descriptive caption of this ordinance as provided by law.
SECTION 5.T hat any person,firm or corporation violating any of the provisions
or terms of this ordinance,shall be subject to a penalty of fine not to exceed the sum of two
thousand dollars ($2,000.00)and/or discontinuance of water service by the City.Proof of a
culpable mental state is not required for a conviction of an offense under this section.Each day a
customer fails to comply with the Drought Contingency Plan is a separate violation.The City's
authority to seek injunctive or other civil relief ava i Ia b I e under the law is not limited by this
section.
SECTION 6.Should any paragraph,sentence,clause,phrase or word of this ordinance
be declared unconstitutional or invalid for any reason,the remainder of this ordinance shall not
be affected.
SECTION 7.This ordinance shall take effect immediately following its passage and the
publication of the caption,as the law and Charter in such cases provide.
PASSED AND APPROVED by the City Council of the City of University Park,Texas,
on this 2nd day of April 2019.
APPROVED:
OLIN LANE,JR.,MAYOR
ATTEST:
CHRISTINE GREEN,CITY SECRETARY
ORDINANCE NO.19 -011
AN ORDINANCE OF THE CITY 0 F UNIVERSITY PARK,TEXAS,AMENDING THE
CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK,CHAPTER 13
"UTILITIES",SECTION 13.03.012 (a)(2),BY ADOPTING A NEW DROUGHT
CONTINGENCY PLAN;ESTABLISHING CRITERIA FOR THE INITIATION AND
TERMINATION OF DROUGHT RESPONSE STAGES;ESTABLISHING
RESTRICTIONS ON CERTAIN WATER USES;ESTABLISHING PROCEDURES FOR
GRANTING VARIANCES;PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00)AND/OR THE DISCONNECTION
OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE
DROUGHT CONTINGENCY PLAN;PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
DULY PASSED ANDAPPROVED by the City Council of the City of University Park,
Texas,on this 2nd day of April 2019.
ATTEST:
CHRISTINE GREEN,CITY SECRETARY