·8 (Jallas"watertmll'les ClfUOFcJallGs 􀁾􀁳􀀮 Nancy Cline , QirectorofPubHc'Works ,-mown ofAd'd'ison rr:inL.:.o''_.'-",.D􀀧􀀮􀀺􀀬􀁉r􀀺􀀺"􀁊􀁜􀀬v􀀻􀁉􀁾r􀀺􀀬n􀀭 'A:7:0d\1)i.:O::1:.>" Addison,
Texas 75001-9010 '., Dear'Ms.Cline: As' aWh'oJesal:e,.,custoHlerof. the·'City of Dallas, 􀁙􀁏􀁬􀁩􀁬􀁡􀁲􀁥􀀧􀁩􀁮􀁶􀁩􀁴􀁾􀁤􀀬􀁴􀁯􀁡􀁴􀁴􀁥􀁮􀁤 ai,.•rneetihgtodiscussissues.··related.•••todroughtconiuing
ency •• planrring Ci'ind.a·regiona:lstrategy on"how to address·tneseissues vvithtMepuwlic. DetailS of the meeting are as fbi lows: . , .􀀺􀁕􀀱􀀧􀁾􀀺􀁲􀁴􀁥􀀺􀁾􀀻􀀬􀁔􀁜􀀻􀀺􀁊􀁩􀁥􀀤􀀺􀁤􀁡􀁹􀁲􀂷􀁆􀁥􀁢􀁲�
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(214)670-'3154 .
􀁾􀀮􀀽􀀭􀀭􀀭 AUT °DW INSOOFN (972) 450-7000 . ® _Po_st_O_ffi_ce_B_ox_90_1_0_A_d_di_so_n,_Te_xas_75_oo_1-_90_10 53_oo_B_e_lt_Lin_e_R_oa_d__􀀮􀀮􀀮􀀮􀀮􀀻􀁆􀀮􀀻􀀮􀀻􀀬􀀻􀁁􀁘􀁾􀀨􀀹􀀻􀀮􀀻􀀮􀀻􀀷􀀲􀁾􀀩􀀮􀀻􀀮�
�􀀻􀀴􀀵􀀻􀀬􀀻􀀻􀀮􀀰􀀭􀀮􀀻􀀮􀀻􀀷􀀰􀀴􀀻􀀮􀀮􀀻􀀮􀀻􀀮􀀳 TO WHOM IT MAY CONCERN Please be advised that the attached document is a true and correct copy of Ordinance No. 001-021, duly passed
by the Addison City Council on the 26th day . ofJune, 2001. Duly certified by Carmen Moran, City Secretary for theTownof Addison on the 5th day of July, 2001. City Secretary ATIEST:
\ I /... , ) ", , SEAL
TOWN OF ADDISON, TEXAS ORDINANCE NO. 001-021 AN ORDINANCE OF THE TOWN OF ADDISON, TEXAS AMENDING· ARTICLE V, "DROUGHT CONTINGENCY PLAN," OF CHAPTER 34, "ENVIRONMENT," OF THE CODE OF
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM.OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas (the "City") is a
home rule city possessing the full powers of local self government pursuant to Article 11, Section 5, Texas Constitution and its Home Rule Charter; and WHEREAS, pursuant to such authority
and in order to protect the citizens of the City during drought conditions, the City has adopted certain regulations, otherwise known as a Drought Contingency Plan, which plan is contained
in Chapter 34 of the City's Code of Ordinances; and WHEREAS, prior to the adoption of this ordinance, the public was given an opportunity to comment regarging the amended regUlations
adopted herein at a public hearing held by the City Council; and WHEREAS, following such public hearing, the City Council has determined that it is in the public interest to amend its
Drought Contingency Plan as set forth herein in order to better conserve the available water supply and better protect the integrity of water supply facilities, with particular regard
for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other
water supply emergency conditions; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, 􀁲􀁥􀁾􀀺 . . Section 1. Incorporation of Premises. That the above and foregoing
premises are. true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Amendment. That Article V, "Drought Contingency Plan," of Cha'pter 34,
"Environment," of the Code of Ordinances of the Town of Addison is hereby amended as set forth in ExhibitA attached hereto and incorporated herein, and all other chapters, sections,
subsections, paragraphs, sentences, phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed. OFFICE OF THE CITY SECRETARY ORDINANCE NO.
001-021
Section 3. .Savings. That this Ordinance shall be cumulative of all other ordinances of the City affecting the disposal of surplus property and shall not repeal any of the provisions
of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 4. Severability. That the
sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase,clause or word in this Ordinance or application
thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain
in full force and effect. ' Section 5. Penalty. That it shall be unlawful for any person to violate violate any provision of this Ordinance, and any person violating or failing to comply
with any provision hereof shall be fined, upon conviction, in any amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each ... day
during or on which a violation occurs or continues. Section 6. Effective Date. That this Ordinance shall become effective from and after its date of passage as provided by law. PASSED
AND APPROVED by the City Council of the Town of Addison, Texas this the 26th day of June, 2001. R. Scott Wheeler, Mayor 􀁁􀁐􀁐􀁒􀁏􀁖􀁾􀀯TO FORM: By: 􀁾vC., enneth C. Dippel, City A orney
'. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-021
EXIDBITA ARTICLEV.DROUGHTCONTINGENCYPLAN Sec. 34-171. Non-essential water uses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency
Plan" or the "Plan") are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute
a waste of water which subjects the offender(s) to penalties as defmed in Section 34-179 ofthis Plan. Sec. 34-172. Public education & notification. (a) The city, by and through its Department
of Public Works, shall periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated
or terminated and the drought response measures to be implemented in each stage. (b) When drought contingency measures appear to be necessary, the public will be notified through available
news media, and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed ofthe
status ofthe drought condition through all available media. (c) When a trigger condition has been reached and the city of Dallas Water Utilities Department informs the Town that drought
contingency measures may be necessary, the city manager or duly appointed representative will order the initiation ofa public notification process. The public notification process will
include, but is not limited to the following: (1) A notice of drought condition will be posted at Town Hall, the post office, Recreation Center, major supermarkets, and shopping centers.
(2) The notice will be circulated to local newspapers and radio stations via Public Service Announcement. Information regarding the contingency measures for the drought condition will
be mailed to all water customers by means ofutility bill inserts and posted on the Town's web page. .. . . . . Sec. 34-173. Coordination with regional water planning groups. The service
area of the city is located within Texas Natural Resource Conservation Commission ("TNRCC") Region C and the Town of Addison, Texas has provided a copy ofthis plan to the TNRCC, City
ofDallas, and State Planning Region. Sec."3. 4-174. Authorization. The city manager, or his/her designee, is hereby authorized and directed to implement the applicable provisions of
the plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager or his/her designee, shall have the OFFICE OF THE CITY
SECRETARY ORDINANCE NO. 001-021
authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.. Sec. 34-175. Application. The provisions ofthis. plan shall apply
to all persons, customers, and property using water provided by the city. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations,
and all other legal 􀁥􀁮􀁴􀁩􀁴􀁩􀁥􀁾􀀮 Sec. 34-176. Defmitions. For the purposes ofthis plan, the following defInitions shall apply: Aesthetic water use means water use for ornamental
or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use means water use which is integral to the operations of commercial
and non-profIt establishments and governmental entities such as retail establishments, hotels, and motels, restaurants,. and office buildings. Conservation means 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 supply is conserved and made available for future or alternative uses. . ,. ' Customer means any person, company, or organization using water supplied by the city. Domestic water use
means water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating,.cooking, sanitation, or for cleaning a residence, business, industry, or
institution. Even number address means street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. . . Industrial water use
means the use of water in processes designed·to convert materials of lower value into forms having greater usability and value. Landscape irrigation use means water used for the irrigation
and maintenance' of ·landscaped areas, whether publicly· or· privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Non-essential water use means water uses that are not essential nor required for the protection ofpublic, health, safety, and welfare, including: ". (a) Irrigation of landscape areas,
including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-021
(b) Use of water to wash any motor vehicle, motorbike, boat,trailer, airplane or other vehicle; (c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard-surfaced areas; (d) Use of water to wash down buildings or structures for purposes other than immediate fIre protection; (e) Flushing gutters or permitting water
to run or accumulate in any gutter or street; (f) Use of water to fIll, refIll, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (g) Use of water in a fountain or
pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) Failure to repair a controllable leak(s) within a reasonable period after having been giyen.notice
directing the repair of such leak(s); and (i) Use of water from hydrants for construction purposes or any other purposes other than fIre fIghting. Odd numbered address means street addresses,
boxnu.:m.bers, or rural postal route numbers ending in 1,3,5, 7, or 9. Sec. 34-177. Triggering criteria for initiation and termination of drought response stages. The city purchases
100 percent of its potable water from the City of Dallas. Therefore, the emergency water management triggering measures will be the same as those of the City of Dallas. Also, triggering
criteria may be initiated as a result of short term defIciencies and or emergencies specifIc to the Town ofAddison. Following are the triggering criteria for initiation and termination
of drought response stages: Stage 1: Water Awareness Triggering criteria: Total raw water supply in connected lakes drops below 55 percent of total conservation storage, demand exceeds
90 percent of deliverable capacity for three consecutive days, or short term defIciencies in distribution system limit supply capability. Below are examples of the types of triggering
criteria that might be used in a drought contingency plan. One or a combination of such criteria. may be defIned for each drought response stage: OFFICE OF THE CITY SECRETARY ORDINANCE
NO. 001-021
Example 1: When, pursuant to requirements specified in the city wholesale water purchase contract with the City of Dallas, notification is "received requesting initiation of Stage 1
of the drought contingency plan. Example 2: Continually falling treated water reservoir levels which do not refill above 50 percent overnight (e.g., based on an evaluation of minimum
treated water storage required to avoid system outage). Actions available (applied to all customers as necessary). • The city manager or designee reguests voluntary reductions in water
use. • Accelerate public information efforts to teach and encourage reduced water use. • Staffwill begin a review ofthe problems which initiated the Stage 1 actions. • Notify major water
users and work with them to achieve voluntary water use reduction. • Prohil* city goven:unent use of water for street washing, vehicle washing, operation of ornamental fountains and
all other nonessential use. • Request a reduction in landscape watering by city government. Termination Termination criteria: All initiated actions will remain in effect until the conditions
which triggered Stage 1 have been alleviated. If Stage I is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which
they were triggered, or until the Director of Dallas Water Utilities determines that these measures are no longer required. Stage 2: Water Watch Triggering Criteria: Total raw water
supply in connected lakes drops below 50 percent of total conservation storage or demand exceeds -95 percent of deliverable capacity for two consecutive days. Stage 2 actions will not
ordinarily be taken until Stage 1 actions have first been implemented. Actions available (applied to all customers, as necessary). • Continue public information efforts regarding water
supply conditions and conservation efforts. . • Begin mandatory water use restrictions as follows: -. • Prohibit hosing off of paved areas, buildings or windows; operation of ornamental
fountains, swimming pool draining followed by refilling, washing or rinsing vehicles by hose; using water in such a manner as to allow runoff or other water wastes. OFFICE OF THE CITY
SECRETARY ORDINANCE NO. 001-021
Exceptions: Vehicles may be washed or rinsed with a hose at .commercial car washes; vehicles may be washed at any location with a bucket or other container. • Limit landscape watering
at each service address to once every five days based on the last digit ofthe address per the schedule below. . Last Digit ofAddress oand 5 1 and 6 2 and 7 3 and 8 4and9 Allowed Water
Dates 5ili, 10ili, 15ili,20ili, 25ili, 30th 1st 6ili, 11ili, 16ili, 21sl, 26th No watering will be allowed on the 31st. Apartments, office building complexes or other property containing
multiple addresses will be identified by the lowest address number. Where there are no numbers, a number will be assigned by the director. These restrictions also apply to government
facilities. Exceptions: Foundations, azaleas, and new plantings (first year) of trees and shrubs may be watered with a hand-held or soaker hose on any day for up to two hours; nurseries
may water plant stock only without restrictions; public gardens may water without restriction. Enforcement: Violations of restrictions will result in a warning, and then a citation may
be issued with a fme not to exceed $2,000.00 per incident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered Stage 2 have been alleviated.
If Stage 2 is initiated because of excessive demands, all initiated actions· will .remain in effect through September 30 of the year in· which they were triggered, or until the Director
of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 2 actions. Stage 3: Water Warning Triggering criteria: Total raw water supply in connected
lakes drops below 35 percent of total conservation storage or demand exceeds 95 percent of deliverable capacity for five consecutive days. Stage 3 actions will not ordinarily be taken
until Stage 2 actions have first been .¥nplemented. Actions Available (applied to all customers, as necessary). • Implement recommended engineering alternatives. OFFICE OF THE CITY SECRETARY
SECRETARY ORDINANCE NO. 001-021
-Continue implementation ofall restrictions from previous stages. -Prohibit residential or commercial lawn watering and car washing between the hours of 9 a.m. and 9 p.m. -Foundations,
shrubs, and trees may be watered with soaker or hand-held hose on the same five-day rotational basis and landscapes for up to two hours. . -Public gardens may water only between the
hours of9 p.m. and 9 a.m. -Nurseries may water plant stock only between the hours of 9 p.m. and 9 a.m. Enforcement: Violations of restrictions will result in a warning, and then a citation
may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 3 have been
alleviated. If Stage 3 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until
the Director of Dallas Water Utilities determines that conditions exist which will allow removal of of Stage 3 actions. Stage 4: Water Emergency Triggering Criteria: Total raw watersupply
in connected lakes dropsbelow 20 percent of total conservation storage or demand exceeds 100 percent of deliverable capacity for two consecutive days. Stage 4 actions will not ordinarily
be taken until Stage 3 actions have first been implemented. Actions Available (applied to all customers, as necessary). -Continue implementation ofall restrictions from previous stages.
-Prohibit all commercial and residential landscape watering including golf courses with the following exceptions: -Nurseries' plant stock may be wateredbetween the hours of 9 p.m. and
9 a.m. once every five days based on the last digit oftheir address per the schedule in Stage 2. .-Public gardens may water between the hours of9 p.m. and 9 a.m. once every five days
based on the last digit oftheir address per the schedule in Stage 2. . -Foundations may be watered for a two hour period between the hours of 9 p.m. and 9 a.m. with a soaker or hand-held
hose on on the five-day rotational basis prescribed for ". landscape watering in Stage 2. -Any and all washing ofvehicles is prohibited. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-021
J' . • All commercial water users may be required to reduce water consumption by a percentage determined by the director. Enforcement: Violations of restrictions Will result in a warning,
and then a citation may be issued with a fIne not to exceed $2,000.00 per hicident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered
Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered,
or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 4 actions. Stage 5: Emergency Water Shortage (a) System outage due
to major water system components. Triggering Criteria: A system outage to one of the Town's two water pump stations, which are located at each end of town. In the event of such outage,
the second pump station will .. be used. In addition, the Town of Addison has four city of Dallas emergency stand-by meters connected to the Town's distribution system that can be used
to supplement the Town's supply after notifIcation to the city ofDallas. Actions Available (applied to all customers). • Initiate or continue implementation of all restrictions from
previous stages as directed by the City Manager or his designee. • Prohibit all commercial and residential landscape watering. All commercial water users will be required to reduce water
consumption by a percentage determined by the City Manager or his designee. (b) Supply source contamination special precautions. Triggering Criteria: Water system contamination caused
by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine residuals. In the event of such contamination, the
affected area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with Subsection (q), "Special Precautions," of Section 290.46,
""Minimum Acceptable Operating Practices for Public Drinking Water Systems," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking Water,"
of Part 1, "Texas Natural Resource Conservation Commission," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended.
Water customers in the affected area shall be notifIed immediately with a "Boil Water Notice" and a letter explaining the situation and containing recommendations to the water customer
regarding the use of bottled water. The "Flow chart" contained in Appendix H of Section 290.47, "Appendices," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter
290, "Public Drinking Water, of Part 1, "Texas Natural Resource OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-021
Conservation Commission," of Title 30, "Environniental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended, shall be used to evaluate the
response measures necessary to correct the condition. Actions Available (applied to all affected customers). • Hand deliver Boil Water Notice to all water customers affected. • Prohibit
all water usage for human consumption for 24 to 36 hours, as determined by the City Manager or his designee. . . Enforcement: Violations of restrictions will result in a warning, and
then a citation may be issued with a fme not to exceed $2,000.00 per incident. Termination Criteria:· All initiated actions will remain in effect until the conditions which triggered
Stage 5 have been alleviated. If Stage 5 is initiated because of Water Supply Contamination, all initiated actions will remain in effect until the City Manager or his designee determines
that conditions exist which will allow removal of Stage 5 actions. .Sec. 34:--f78. Variances. The city manager (designated official), or his/her designee, may, in writing, grant temporary
variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting
the health, sanitation, or fue protection for the public or the person requesting such variance and if one or more ofthe following conditions are met: (a) Compliance with this plan cannot
be technically accomplished during the duration ofthe water supply shortage or other condition for which the plan is in effect. (b) Alternative methods can be implemented which will
achieve the same level of reduction in water use. Persons requesting an exemption from the provisions ofthis article shall file a petition for a variance with the city within 5 days
after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or· hislher . designee, and shall include the
following: (a) Name and address of the petitioner(s). (b) Purpose ofwater use. (c) Specific provision(s) ofthe Plan from which the petitioner is requesting relief. ". (d) Detailed statement
as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article.
(e) Description ofthe relief requested. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-021
(t) Period of time for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this
Plan and the compliance date. (h) Other pertinent information as may be required by the city manager or his designee. Variances 􀁧􀁲􀁡􀁮􀁴􀁾􀁣􀁬􀂷􀁢􀁹􀀮 the city manager or his designee
shall be subject to the following conditions, unless waived or modified by the city manager (designated official) orhis/her designee: • Variances granted shall include a tiinetable for
compliance. • Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or
otherwise justify any violation of the Plan occurring prior to the issuance ofthe variance. Sec. 34-179. Penalty. It shall be unlawful for any 􀁰􀁾􀁲􀁳􀁯􀁮 to violate any provision ofthis
article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $2000.00, and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues. ". OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-021
#2a -#2b -#2c-#2e -#2f-CONSENT AGENDA Approval of the Minutes for the June 12, 2001 Council Meeting. Consideration of an Ordinance approving an amendment to Chapter 18, Article VII,
Housing Code of the Code of Ordinances to incorporate the 2000 International Residential Code (IRC). Consideration of an Ordinance amending Chapter 18, Article XII, Swimming Pools and
Spas of the Code of Ordinances to adopt the State of Texas standards for public and semi-public pools and spas. Consideration of an Ordinance amending Chapter 18, Article II, Section
18-63 Automatic 􀁆􀁩􀁲􀁥􀀭􀁅􀁸􀁴􀁩􀁮􀁧􀁵􀁩􀁳􀁾􀁬􀁩􀁮􀁧Systems of the Code of Ordinances to eliminate the requirement for firewall between any new addition to a single family attached
resident and any existing part of the residence. Consideration of an Ordinance amending Chapter 38, Article II, Section 38-53(e) Provisions for Fire Safety of the Code of Ordinances
to amend installation of approved fire sprinklers. Approval of Change Order in the amount of $1,300.00 and final acceptance of project and approval of final payment of $93,173.00 to
Westerchil Construction for Blueprints at Addison Circle Sculpture. n,.AM -/_#_2_ 9 􀁾 _-Cc_oo_nnst_ii_ndg_eer_na_ctiy_o_Pn_loa_nf_ao_nf_ot_hr_ed_Tin_oawn_nc_oe_fa_Amd_ed_ins_od_nin._g_A_,_rt_ic_le_V
_o_f_th_e_D_ro_u_9_h_t_ #2h -Acceptance of improvements and authorization of final payment in the amount of $128,450.00 to Bowman Construction Company for completion of Paving and Streetscape
for Addison Circle Development Phase II. City Council Agenda 06-26-01
Council Agenda Item: 􀁾􀁊􀀮􀀭􀀮 t SUMMARY: This Item updates the Town's Drought Contingency Plan FINANCIAL IMPACT: None. BACKGROUND: In August, 1999 the Town passed a Drought Contingency
Plan as part of Chapter 34 of the Town's Code OfOrdinances.The purpose ofthe ordinance was to comply and run parallel with the City OfDallas' Drought Contingency Plan, since they are our water supply provider. Dallas has recently made several
changes to their Drought Contingency Plan, and to comply, and run parallel, changes are needed. Staffhas also added changes that are required by the Texas Natural Resources Conservation
Commission regarding "System outage due to major water system components", and "Supply source contamination special precautions" which appears on page 7 of the proposed ordinance. Staff
has also proposed to raise the fine for a violation from not to exceed $1,000, to not to exceed $2,000. Attached is a Council resolution in the form of an Ordinance, authorizing amendment
of the ordinance, as well as "Exhibit N', a redlined copy of the existing Ordinance showing the proposed changes. All ofthis information has been reviewed and approved by our City Attorney.
RECOMMENDATION: Staffrecommends approval.
TOWN OF ADDISON, TEXAS ORDINANCE NO. _ AN ORDINANCE OF THE TOWN OF ADDISON, TEXAS AMENDING ARTICLE V, "DROUGHT CONTINGENCY PLAN," OF CHAPTER 34, "ENVIRONMENT," OF THE CODE OF ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WIDen A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas (the "City") is a home rule city
possessing the full powers oflocal self government pursuant to Article 11, Section 5, Texas Constitution and its Home Rule Charter; and WHEREAS, pursuant to such authority and in order
to protect the citizens ofthe City during drought conditions, the City has adopted certain regulations, otherwise known as a Drought Contingency Plan, which plan is contained in Chapter
34 of the City's Code of Ordinances; and WHEREAS, prior to the adoption ofthis ordinance, the public was given an opportunity to comment regarding the amended regulations adopted herein
at a public hearing held by the City Council; and WHEREAS, following such public hearing, the City Council has determined that it is in the public interest to amend its Drought Contingency
Plan as set forth herein in order to better conseIVe the available water supply and better protect the integrity of water supply facilities, with particular regard for domestic water
use, sanitation, and fire protection, and to protect and preseIVe public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency
conditions; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. Incorporation of Premises. That the above and foregoing premises are true and
correct and are incorporated herein and made a part hereoffor all purposes. Section 2. Amendment. That Article V, "Drought Contingency Plan," of Chapter 34, "Environment," of the Code
of Ordinances ofthe Town ofAddison is hereby amended as set forth in Exhibit A attached hereto and incorporated herein, and all other chapters, sections, subsections, paragraphs, sentences,
phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed. Doemnen1 #: 952162 1
Section 3. Savings. That this Ordinance shall be cumulative of all other ordinances of the City affecting the disposal of surplus property and shall not repeal any ofthe provisions of
those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions ofthis Ordinance. Section 4. Severability. That the sections,
paragraphs, sentences, phrases, clauses and words ofthis Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof
to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions ofthis Ordinance,
and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force
and effect. Section 5. Penalty. That it shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision
hereof shall be fined, upon conviction, in any amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues, Section 6. Effective Date. That this Ordinance shall become effective from and after its date ofpassage as provided by law. PASSED AND APPROVED by the City Council
of the Town of Addison, Texas this the day of , 2001. R. Scott Wheeler, Mayor ATTEST: By: _ Carmen Moran, City Secretary APPROVED AS TO FORM: By: _ Kenneth C. Dippel, City Attorney Document
#: 952162 2
EXHIBIT A ARTICLE V. DROUGHT CONTINGENCY PLAN Sec.34-171. lBeeFpeFaUeB efpnmises; BNon-essentiai water uses. The abo-....e aDd furegoing premises are true aBEl eorreet and are ineorporated
herein and made a part hereoffor all pUff>oses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency Plan" or the "Plan") are considered
to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the
offender(s) to penalties as defined in semion 34 177 Section 34-179 ofthis p:e.lan. Sec. 34-172. Public education & notification. W. The city, by and through its Department of Public
Works, shall periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated
and the drought response measures to be implemented in each stage. This iHformation may be provided by means of utility bill inserts and press releases or suell other means as the Diremor
of Publie '}Jerks may determine. (b) When drought contingency measures appear to be necessary, the public will be notified through available news media, and additional information on
water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed ofthe status of the drought condition through
all available media. (c) When a trigger condition has been reached and the city of Dallas Water Utilities Department informs the Town that drought contingency measures may be necessary,
the city manager or dilly appointed representative will order the initiation of a public notification process. The public notification process will include. but is not limited to the
following: (1) A notice of drought condition will be posted at Town HalL the post office, Recreation Center, major supermarkets, and shopping centers. (2) The notice will be circulated
to local newspapers and radio stations via Public Service Announcement. Information. regarding the contingency measures for the drought condition will be mailed to all water customers
by means of utility bill inserts and posted on the Town's web page. Sec. 34-173. Coordination with regional water planning groups. The service area of the city is located within Texas
Natural Resource Conservation Commission ("TNRCC") Region C and the Town of Addison, Texas has provided a copy of this plan to the TNRCC, City ofDallas, and State Planning Region. Pocmnent
#: 952201 1
Sec. 34-174. Authorization. The city manager, or hislher designee, is hereby authorized and directed to implement the applicable provisions of the plan upon determination that such implementation
is necessary to protect public health, safety, and welfare. The city manager or hislher designee, shall have the authority to initiate or terminate drought or other water supply emergency
response measures as described in this plan. Sec. 34-175. Application. The provisions of this plan shall apply to all persons, customers, and property utilizing using water provided
by the city. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. Sec. 34..176. Definitions.
For the purposes ofthis plan, the following definitions shall apply: Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and
water gardens. Commercial and institutional water use means water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as
retail establishments, hotels, and motels, restaurants, and office buildings. Conservation means 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 supply is conserved and made available for future or alternative
uses. Customer means any person, company, or organization using water supplied by the city. Domestic water use means water use for personal needs or for household or sanitary purposes
such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address means street addresses, box numbers, or
rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use means the use ofwater in processes designed to convert materials of lower
value into forms having greater usability and value. Landscape irrigation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned,
including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use means water uses that are not essential nor required
for the protection ofpublic, health, safety, and welfare, including: Doounent #: 952201 2
(a) Irrigation of landscape areas, including parks, atWetic fields, and golf courses, except as otherwise provided under this Plan; (b) Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle; (c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (d) Use of water
to wash down buildings or structures for purposes other than immediate fire protection; (e) Flushing gutters or permitting water to run or accumulate in any gutter or street; (t) Use
of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (g) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary
to support aquatic life; (h) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) Use ofwater
from hydrants for construction purposes or any other purposes other than fire fighting. Odd Odd rmmbered address means street addresses, box numbers, or rural postal route numbers ending
in 1, 3, 5, 7, or 9. Sec. 34-177. Triggering criteria for initiation and termination of drought response stages. The city purchases 100 percent of its potable water from the City of
Dallas. Therefore, the emergency water management triggering measures will be the same as those of the City of Dallas. Also, triggering criteria may be initiated as a result of short
term deficiencies and or emergencies specific to the Town ofAddison. Following are the triggering criteria for initiation and termination of drought response stages: Stage 1: Water Wftteh
Awareness Triggering criteria: Total raw water supply in connected lakes drops below 55 percent of total conservation storage, demand exceeds 90 percent of deliverable capacity for three
consecutive days, or short term deficiencies in distribution system limit supply capability. DoClllDent iI: 952201 3
Below are examples of the types of triggering criteria that might be used in a drought contingency plan. One or a combination of such criteria may be defined for each drought response
stage: Example 1: When, pursuant to requirements specified in the city wholesale water purchase contract with the City of Dallas, notification is received requesting initiation of sStage
1 ofthe drought contingency plan. Example 2: Continually falling treated water reservoir levels which do not refill above 50 percent overnight (e.g., based on an evaluation of minimum
treated water storage required to avoid system outage). Actions available (applied to all customers as necessary). • The city manager or designee requests voluntary reductions in water
use. • Accelerate public information efforts to teach and encourage reduced water use. • Staffwill begin a review ofthe problems which initiated the Stage 1 actions. • NotifY major water
users and work with them to achieve voluntary water use reduction. • Prohibit city government use of water for street washing, vehicle washing, operation of ornamental fountains and
all other nonessential use. • Request a reduction in landscape watering by city government. Termination criteria: All initiated actions will remain in effect until the conditions which
triggered Stage 1 have been alleviated. If Stage 1 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they
were triggered, or until the Director of Dallas Water Utilities determines that these measures are no longer required. Stage 2: Water Warning Watch Triggering Criteria: Total raw water
supply in connected lakes drops below 50 percent of total conservation storage or demand exceeds 95 percent of deliverable capacity for two consecutive days. Stage 2 actions will not
ordinarily be taken until Stage 1 actions have first been implemented. Actions available (applied to all customers, as necessary). • Continue public information efforts regarding water
supply conditions and conservation efforts. • Begin mandatory water use restrictions as follows: Do<:ume:nt #: 952201 4
• Prohibit hosing off of paved areas, 􀁢􀁵􀁩􀁬􀁤􀁩􀁮􀁧􀁾 or windows; operation of ornamental fountains, swimming pool draining followed by refilling... washing or rinsing vehicles by
hose; using water in such a manner as to allow runoff or other water wastes. Exceptions: Vehicles may be washed or rinsed with a hose at commercial car washes; vehicles may be washed
at any location with a bucket or other container. • Limit landscape watering at each service address to once every five days based on the last digit ofthe address per the schedule below.
Last Digit ofAddress oand 5 1 and 6 2 and 7 3 and 8 4 and 9 Allowed Water Dates No watering will be allowed on the 31st. Apartments, office building complexes or other property containing
multiple addresses will be identified by the lowest address number. Where there are no numbers, a number will be assigned by the director. These restrictions also apply to government
facilities. Exceptions: Foundations, azaleas, and new plantings (first year) of trees and shrubs may be watered with a hand-held or soaker hose on any day for up to two hours; nurseries
may water plant stock only without restrictions; public gardens, may water without restriction. Enforcement: Violations of restrictions will result in a warning, and then a citation
may be issued with a fine not to exceed $1,000.00 $2,000.00 per incident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered Stage
2 have been alleviated. If Stage 2 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered,
or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 2 actions. Stage 3: Water Emergeoey Warning Triggering criteria: Total
raw water supply in connected lakes drops below 35 percent of total conservation storage or demand exceeds 95 percent of deliverable capacity for five consecutive days. Stage 3 actions
will not ordinarily be taken until Stage 2 actions have first been implemented. .Documenl #: 952201 5
Actions Available (applied to all customers, as necessary). • Implement recommended engineering alternatives. • Continue implementation of all restrictions from previous stages. • Prohibit
residential or commercial lawn watering and car washing between the hours of 9 a.m. and 9 p.m. • Foundations, shrubs, and trees may be watered with soaker or hand-held hose on the same
five-day rotational basis and landscapes for up to two hours. • Public gardens may water only between the hours of9 p.m. and 9 a.m. • Nurseries may water plant stock only between the
hours of9 p.m. and 9 a.m. Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $1,000.00 $2,000.00 per incident.
Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 3 have been alleviated. If Stage 3 is initiated because of excessive demands,
all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until the Director of Dallas Water Utilities determines that conditions
exist which will allow removal of Stage 3 actions. Stage 4: Water Qisis Emergency Triggering Criteria: Total raw water supply in connected lakes drops below 20 percent of total conservation
storage or demand exceeds 100 percent of deliverable capacity for two consecutive days. Stage 4 actions will not ordinarily be taken until Stage 3 actions have first been implemented.
Actions Available (applied to all customers, as necessary). • Continue implementation ofall restrictions from previous stages. • Prohibit all commercial and residential landscape watering
including golf courses with the following exceptions: • Nurseries' plant stock may be watered between the hours of 9 p.m. and 9 a.m. once every five days based on the last digit oftheir
address per the schedule in Stage 2. • Public gardens, may water between the hours of 9 p.m. and 9 a.m. once every five days based on the last digit oftheir address per the schedule
in Stage 2. • Foundations may be watered for a two hour period between the hours of 9 p.m. and 9 a.m. with a soaker or hand-held hose on the five-day rotational basis prescribed for
landscape watering in Stage 2. Docmnent #: 952201 6
• Any and all washing ofvehicles is prohibited. • All commercial water users may be required to reduce water consumption by a percentage determined by the director. Enforcement: Violations
of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $1,000.00 $2,000.00 per incident. Termination Criteria: All initiated actions will
remain in effect until the conditions which triggered Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in effect
through September 30 of the year in which they were triggered, or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 4 actions.
Stage 5: Emergency Water Shortage (a) System outage due to major water system components. Triggering Criteria: A system outage to one of the Town's two water pump stations, which are
located at each end of town. In the event of such outage, the second pump station will be used. In addition, the Town of Addison has four city of Dallas emergency stand-by meters connected
to the Town's distribution system that can be used to supplement the Town's supply after notification to the city ofDallas. Actions Available (applied to all customers). • Initiate or
continue implementation of all restrictions from previous stages as directed by the City Manager or his designee. • Prohibit all commercial and residential landscape watering. All commercial
water users will be required to reduce water consumption by a percentage determined by the City Manager or his designee. (b) Supply source contamination special precautions. Triggering
Criteria: Water system contamination caused by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine residuals.
In the event of such contamination, the affected area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with Subsection
(q), "Special Precautions," of Section 290.46, "Minimum Acceptable Operating Practices for Public Drinking Water Systems," of Subchapter D, "Rules and Regulations for Public Water Systems,"
of Chapter 290, "Public Drinking Water," of Part 1. "Texas Natural Resource Conservation Commission," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current
form and as it may hereafter be amended. Water customers in the affected area shall be notified immediately with a "Boil Water Notice," and a letter explaining the situation and containing
recommendations to the water customer regarding the use of bottled water. The "Flow chart" contained in Appendix H of Document #: 952201 7
Section 290.47, "Appendices," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking Water," of Part 1, "Texas Natural Resource Conservation
Commission," of Title 30. "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended, will be used to evaluate the response measures
necessary to correct the condition. Actions Available (applied to all affected customers). • Hand deliver Boil Water Notice to all water customers affected. • Prohibit all water usage
for human consumption for 24 to 36 hours, as determined by the City Manager or his designee. Enforcement: Violations of restrictions will result in a warning, and then a citation may
be issued with a fine not to exceed $2.000.00 per incident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered Stage 5 have been alleviated.
If Stage 5 is initiated because of Water Supply Contamination, all initiated actions will remain in effect until the City Manager or his designee determines that conditions exist which
will allow removal of Stage 5 actions. Sec. 34-178. Variances. The city manager (designated official), or his/her designee, may, in writing, grant temporary variance for existing water
uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or
fire protection for the public or the person requesting such variance and if one or more ofthe following conditions are met: (a) Compliance with this plan cannot be technically accomplished
during the duration ofthe water supply shortage or other condition for which the plan is in effect.. (b) Alternative methods can be implemented which will achieve the same level of reduction
in water use. Persons requesting an exemption fef from the provisions of this article shall file a petition for a variance with the city within 5 days after the plan or a particular
drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include the following: (a) (b) (c) Document
N: 952201 Name and address ofthe petitioner(s). Purpose ofwater use. Specific provision(s) ofthe 􀁰􀁾􀁬􀁡􀁮 from which the petitioner is requesting relief 8
(d) Detailed statement as to how the specific provision of the 􀁰􀁾􀁬􀁡􀁮 adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner
complies with this article. (e) Description ofthe relief requested. (t) Period oftime for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent ofthis 􀁰􀁾􀁬􀁡􀁮 and the compliance date. (h) Other pertinent information as may be required by the city manager or his designee. Variances
granted by the city manager or his designee shall be subject to the following conditions, unless waived or modified by the city manager (designated official) or his/her designee: • Variances
granted shall include a timetable for compliance. • Variances granted shall expire when the Plan is Bet no longer in effect, unless the petitioner has failed to meet specified requirements.
No variance shall be retroactive or otherwise justifY any violation of the pPlan occurring prior to the issuance ofthe variance. Sec. 34-179. Penalty. It shall be unlawful for any person
to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $1,000.00
$2000.00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. DOQIIJleIlt.JI:952101 9
Council Agenda Item: _ SUMMARY: This Item updates the Town's Drought Contingency Plan FINANCIAL IMPACT: None. BACKGROUND: In August, 1999 the Town passed a Drought Contingency Plan as
part of Chapter 34 of the Town's Code OfOrdinances. The purpose ofthe ordinance was to comply and run parallel with the City OfDallas' Drought Contingency Plan, since they are our water
supply provider. Dallas has recently made several changes to their Drought Contingency Plan, and to comply, and run parallel, changes are needed. Staffhas also added changes that are
required by the Texas Natural Resources Conservation Commission regarding "System outage due to major water system components", and "Supply source contamination special precautions"
which appears on page 7 ofthe proposed ordinance. Staff has also proposed to raise the fine for a violation from not to exceed $1,000, to not to exceed $2,000. Attached is a Council
resolution in the form of an Ordinance, authorizing amendment of the ordinance, as well as "Exhibit A!', a redlined copy of the existing Ordinance showing the proposed changes. All ofthis
information has been reviewed and approved by our City Attorney. RECOMMENDATION: Staffrecommends approval.
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM May 17,2001 Mr. Jim Pierce Town of Addison P.O.
Box 9010 Addison, TX 75001-9010 RE: Drought Plan Ordinance Dear Jim: Enclosed is the final draft of the Drought Plan Ordinance with a clean copy of Exhibit "A" for scheduling on a council
agenda. Also enclosed is a redlined draft of Exhibit A. Please discard the earlier redlined draft forwarded to you, as the enclosed document includes amendments made to reflect cites
to the TNRCC rules, changes discussed with Keith Thompson and a number of non-substantive changes. Please let me know if the amended document meets with your approval. If you have any
questions, please give me a call. Sincerely, 􀁾􀁫􀀮􀁮􀀭􀀡􀁾 Angela K. Washington .... Enclosures 2. , ..,.T AKW/yjr c: Mr. Keith Thompson, w/Town Mr. Ken Dippel, w/firm Mr. John Hill,
w/firm D ALL A S DocumelltlF953314 T Y L E R McKINNEY 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 TEL 214.672.2000 FAX 214.672.2020
TOWN OF ADDISON, TEXAS ORDINANCE NO. _ AN ORDINANCE OF THE TOWN OF ADDISON, TEXAS AMENDING ARTICLE V, "DROUGHT CONTINGENCY PLAN," OF CHAPTER 34, "ENVIRONMENT," OF THE CODE OF ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas (the "City") is a home rule city
possessing the full powers oflocal self government pursuant to Article 11, Section 5, Texas Constitution and its Home Rule Charter; and WHEREAS, pursuant to such authority and in order
to protect the citizens of the City during drought conditions, the City has adopted certain regulations, otherwise known as a Drought Contingency Plan, which plan is contained in Chapter
34 of the City's Code of Ordinances; and WHEREAS, prior to the adoption of this ordinance, the public was given an opportunity to comment regarding the amended regulations adopted herein
at a public hearing held by the City Council; and WHEREAS, followingsuch public hearing, the City Council has determined that it is in the public interest to amend its Drought Contingency Plan as set forth herein in order to better conserve the available
water supply and better protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve
public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL
OF THE TOWN OF ADDISON, TEXAS: Section 1. Incorporation of Premises. That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for
all purposes. Section 2. Amendment. That Article V, "Drought Contingency Plan," of Chapter 34, "Environment," of the Code of Ordinances ofthe Town of Addison is hereby amended as set
forth in Exhibit A attached hereto and incorporated herein, and all other chapters, sections, subsections, paragraphs, sentences, phrases and words of the Code are not amended but are
hereby ratified, verified, approved and affirmed. Document #: 952162 1
Section 3. Savings. That this ordinance shall be cumulative of all other ordinances of the City affecting the water supply and shall not repeal any of the provisions of those ordinances
except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4. Severability. That the sections, paragraphs,
sentences, phrases, clauses and words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any
person or circumstance is held invalid or unconstitutional by a Court ofcompetent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance,
and the City Council hereby declares that it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force
and effect. Section 5. Penalty. That it shall be unlawful for any person to violate any provision of this ordinance, and any person violating or failing to comply with any provision
hereof shall be fined, upon conviction, in any amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues. Section 6. Effective Date. That this ordinance shall become effective from and after its date ofpassage as provided by law. PASSED AND APPROVED by the City Council
of the Town of Addison, Texas this the day of ,2001. R. Scott Wheeler, Mayor ATTEST: By: _ Carmen Moran, City Secretary APPROVED AS TO FORM: By: _ Kenneth C. Dippel, City Attorney Document
#: 952162 2
EXHIBIT A ARTICLE V. DROUGHT CONTINGENCY PLAN Sec. 34-171. Non-essential water uses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency
Plan" or the "Plan") are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute
a waste of water which subjects the offender(s) to penalties as defined in Section 34-179 of this Plan. Sec. 34-172. Public education & notification. (a) The city, by and through its
Department of Public Works, shall periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to
be initiated or terminated and the drought response measures to be implemented in each stage. (b) When drought contingency measures appear to be necessary, the public will be notified
through available news media, and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept
fully informed of the status of the drought condition through all available media. (c) When a trigger condition has been reached and the city of Dallas Water Utilities Department informs
the Town that drought contingency measures may be necessary, the city manager or duly appointed representative will order the initiation of a public notification process. The public
notification process will include, but is not limited to the following: (1) A notice of drought condition will be posted at Town Hall, the post office, Recreation Center, major supermarkets,
and shopping centers. (2) The notice will be circulated to local newspapers and radio stations via Public Service Announcement. Information regarding the contingency measures for the
drought condition will be mailed to all water customers by means of utility bill inserts and posted on the Town's web page. Sec. 34-173. Coordination with regional water planning groups.
The service area of the city is located within Texas Natural Resource Conservation Commission ("TNRCC") Region C and the Town of Addison, Texas has provided a copy of this plan to the
TNRCC, City ofDallas, and State Planning Region. Sec. 34-174. Authorization. The city manager, or his/her designee, is hereby authorized and directed to implement the applicable provisions
of the plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager or his/her designee, shall have the Document #: 95220
I 1
authority to initiate or terminate drought or other water supply emergency response measures as described in this plan. Sec. 34-175. Application. The provisions ofthis plan shall apply
to all persons, customers, and property using water provided by the city. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations,
and all other legal entities. Sec. 34-176. Definitions. For the purposes ofthis plan, the following definitions shall apply: Aesthetic water use means water use for ornamental or decorative
purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use means water use which is integral to the operations of commercial and non-profit
establishments and governmental entities such as retail establishments, hotels, and motels, restaurants, and office buildings. Conservation means 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 supply is conserved
and made available for future or alternative uses. Customer means any person, company, or organization using water supplied by the city. Domestic water use means water use for personal
needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address
means street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use means the use of water in processes
designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use means water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use means water
uses that are not essential nor required for the protection ofpublic, health, safety, and welfare, including: (a) Irrigation of landscape areas, including parks, athletic fields, and
golf courses, except as otherwise provided under this Plan; Document #: 952201 2
(b) vehicle; Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other (c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard-surfaced areas; (d) Use of water to wash down buildings or structures for purposes other than immediate fire protection; (e) Flushing gutters or permitting water
to run or accumulate in any gutter or street; (f) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (g) Use of water in a fountain or
pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) Failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s); and (i) Use of water from hydrants for construction purposes or any other purposes other than fire fighting. Odd numbered address means street
addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. Sec. 34-177. Triggering criteria for initiation and termination of drought response stages. The city
purchases 100 percent of its potable water from the City of Dallas. Therefore, the emergency water management triggering measures will be the same as those of the City of Dallas. Also,
triggering criteria may be initiated as a result of short term deficiencies and or emergencies specific to the Town of Addison. Following are the triggering criteria for initiation and
termination of drought response stages: Stage 1: Water Awareness Triggering criteria: Total raw water supply in connected lakes drops below 55 percent of total conservation storage,
demand exceeds 90 percent of deliverable capacity for three consecutive days, or short term deficiencies in distribution system limit supply capability. Below are examples of the types
of triggering criteria that might be used in a drought contingency plan. One or a combination of such criteria may be defined for each drought response stage: Document #: 952201 3
Example 1: When, pursuant to requirements specified in the city wholesale water purchase contract with the City of Dallas, notification is received requesting initiation of Stage 1 of
the drought contingency plan. Example 2: Continually falling treated water reservoir levels which do not refill above 50 percent overnight (e.g., based on an evaluation of minimum treated
water storage required to avoid system outage). Actions available (applied to all customers as necessary). • The city manager or designee requests voluntary reductions in water use.
• Accelerate public information efforts to teach and encourage reduced water use. • Staff will begin a review of the problems which initiated the Stage 1 actions. • Notify major water
users and work with them to achieve voluntary water use reduction. • Prohibit city government use of water for street washing, vehicle washing, operation of ornamental fountains and
all other nonessential use. • Request a reduction in landscape watering by city government. Termination criteria: All initiated actions will remain in effect until the conditions which
triggered Stage 1 have been alleviated. If Stage 1 is initiated because of excessive demands, all initiated actions will remain. in effect through September 30 of the year in which they
were triggered, or until the Director of Dallas Water Utilities determines that these measures are no longer required. Stage 2: Water Watch Triggering Criteria: Total raw water supply
in connected lakes drops below 50 percent of total conservation storage or demand exceeds 95 percent of deliverable capacity for two consecutive days. Stage 2 actions will not ordinarily
be taken until Stage 1 actions have first been implemented. Actions available (applied to all customers, as necessary). • Continue public information efforts regarding water supply conditions
and conservation efforts. • Begin mandatory water use restrictions as follows: • Prohibit hosing off of paved areas, buildings or windows; operation of ornamental fountains, swimming
pool draining followed by refilling, washing or rinsing vehicles by hose; using water in such a manner as to allow runoff or other water wastes. Document #: 952201 4
Exceptions: Vehicles may be washed or rinsed with a hose at commercial car washes; vehicles may be washed at any location with a bucket or other container. • Limit landscape watering
at each service address to once every five days based on the last digit of the address per the schedule below. Last Digit of Address oand 5 1 and 6 2 and 7 3 and 8 4 and 9 Allowed Water
Dates No watering will be allowed on the 31st. Apartments, office building complexes or other property containing multiple addresses will be identified by the lowest address number.
Where there are no numbers, a number will be assigned by the director. These restrictions also apply to government facilities. Exceptions: Foundations, azaleas, and new plantings (first
year) of trees and shrubs may be watered with a hand-held or soaker hose on any day for up to two hours; nurseries may water plant stock only without restrictions; public gardens may
water without restriction. Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination
Criteria: All initiated actions will remain in effect until the conditions which triggered Stage 2 have been alleviated. If Stage 2 is initiated because of excessive demands, all initiated
actions will remain in effect through September 30 of the year in which they were triggered, or until the Director of Dallas Water Utilities determines that conditions exist which will
allow removal of Stage 2 actions. Stage 3: Water Warning Triggering criteria: Total raw water supply in connected lakes drops below 35 percent of total conservation storage or demand
exceeds 95 percent of deliverable capacity for five consecutive days. Stage 3 actions will not ordinarily be taken until Stage 2 actions have first been implemented. Actions Available
(applied to all customers, as necessary). • Implement recommended engineering alternatives. Document #: 952201 5
• Continue implementation of all restrictions from previous stages. • Prohibit residential or commercial lawn watering and car washing between the hours of 9 a.m. and 9 p.m. • Foundations,
shrubs, and trees may be watered with soaker or hand-held hose on the same five-day rotational basis and landscapes for up to two hours. • Public gardens may water only between the hours
of 9 p.m. and 9 a.m. • Nurseries may water plant stock only between the hours of 9 p.m. and 9 a.m. Enforcement: Violations of restrictions will result in a warning, and then a citation
may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 3 have been
alleviated. If Stage 3 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until
the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 3 actions. Stage 4: Water Emergency Triggering Criteria: Total raw water supply
in connected lakes drops below 20 percent of total conservation storage or demand exceeds 100 percent of deliverable capacity for two consecutive days. Stage 4 actions will not ordinarily
be taken until Stage 3 actions have first been implemented. Actions Available (applied to all customers, as necessary). • Continue implementation of all restrictions from previous stages.
• Prohibit all commercial and residential landscape watering including golf courses with the following exceptions: • Nurseries' plant stock may be watered between the hours of 9 p.m.
and 9 a.m. once every five days based on the last digit of their address per the schedule in Stage 2. • Public gardens may water between the hours of 9 p.m. and 9 a.m. once every five
days based on the last digit of their address per the schedule in Stage 2. • Foundations may be watered for a two hour period between the hours of 9 p.m. and 9 a.m. with a soaker or
hand-held hose on the five-day rotational basis prescribed for landscape watering in Stage 2. • Any and all washing of vehicles is prohibited. Document #: 952201 6
• All commercial water users may be required to reduce water consumption by a percentage determined by the director. Enforcement: Violations of restrictions will result in a warning,
and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered
Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered,
or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 4 actions. Stage 5: Emergency Water Shortage (a) System outage due
to major water system components. Triggering Criteria: A system outage to one of the Town's two water pump stations, which are located at each end of town. In the event of such outage,
the second pump station will be used. In addition, the Town of Addison has four city of Dallas Dallas emergency stand-by meters connected to the Town's distribution system that can be
used to supplement the Town's supply after notification to the city of Dallas. Actions Available (applied to all customers). • Initiate or continue implementation of all restrictions
from previous stages as directed by the City Manager or his designee. • Prohibit all commercial and residential landscape watering. All commercial water users will be required to reduce
water consumption by a percentage determined by the City Manager or his designee. (b) Supply source contamination special precautions. Triggering Criteria: Water system contamination
caused by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine residuals. In the event of such contamination,
the affected area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with Subsection (q), "Special Precautions," of Section
290.46, ""Minimum Acceptable Operating Practices for Public Drinking Water Systems," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking
Water," of Part 1, "Texas Natural Resource Conservation Commission," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter
be amended. Water customers in the affected area shall be notified immediately with a "Boil Water Notice" and a letter explaining the situation and containing recommendations to the
water customer regarding the use of bottled water. The "Flow chart" contained in Appendix H of Section 290.47, "Appendices," of Subchapter D, "Rules and Regulations for Public Water
Systems," of Chapter 290, "Public Drinking Water, of Part 1, "Texas Natural Resource Document #: 952201 7
Conservation Commission," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended, shall be used to evaluate the
response measures necessary to correct the condition. Actions Available (applied to all affected customers). • Hand deliver Boil Water Notice to all water customers affected. • Prohibit
all water usage for human consumption for 24 to 36 hours, as determined by the City Manager or his designee. Enforcement: Violations of restrictions will result in a warning, and then
a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered Stage
5 have been alleviated. If Stage 5 is initiated because of Water Supply Contamination, all initiated actions will remain in effect until the City Manager or his designee determines that
conditions exist which will allow removal of Stage 5 actions. Sec. 34-178. Variances. The city manager (designated official), or hislher designee, may, in writing, grant temporary variance
for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health,
sanitation, or fire protection for the public or the person requesting such variance and ifone or more ofthe following conditions are met: (a) Compliance with this plan cannot be technically
accomplished during the duration ofthe water supply shortage or other condition for which the plan is in effect. (b) Alternative methods can be implemented which will achieve the same
level of reduction in water use. Persons requesting an exemption from the provisions ofthis article shall file a petition for a variance with the city within 5 days after the plan or
a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or hislher designee, and shall include the following: (a) (b)
(c) (d) (e) Document #: 952201 Name and address ofthe petitioner(s). Purpose ofwater use. Specific provision(s) ofthe Plan from which the petitioner is requesting relief Detailed statement
as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article.
Description ofthe relief requested. 8
(f) Period of time for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this
Plan and the compliance date. (h) Other pertinent information as may be required by the city manager or his designee. Variances granted by the city manager or his designee shall be subject
to the following conditions, unless waived or modified by the city manager (designated official) or hislher designee: • Variances granted shall include a timetable for compliance. •
Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify
any violation of the Plan occurring prior to the issuance of the variance. Sec. 34-179. Penalty. It shall be unlawful for any person to violate any provision of this article, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $2000.00, and a separate offense shall be deemed committed
each day during or on which a violation occurs or continues. Document #: 952201 9
EXHIBIT A ARTICLE V. DROUGHT CONTINGENCY PLAN Sec. 34-171. lBeoFpoFfttioB of pFemises; !!Mon-essential water uses. The abo'le and foregoiftg premises are we and correet I:H'l:d are ineorporated
hereia aad made a part hereof for all pWjloses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency Plan" or the "Plan") are considered
to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the
offender(s) to penalties as defined in seetion 34 177 Section 34-179 of this p;elan. Sec. 34-172. Public education '" notification. W The city, by and through its Department of Public
Works, shall periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated
and the drought response measures to be implemented in each stage. This informatioa may be pro:vided hy meaas of utility hill iaserts and press releases or such other meaas as the Director
of Puhlic 'S.Vorks may determiae. (b) When drought contingency measures appear to be necesswy, the public will be notified through available news media, and additional information on
water conservation methods will be distributed In the event that a trigger condition is reachedj the public will be kept fully informed ofthe status of the drought condition through
all available media. (c) When a trigger condition has been reached and the city of Dallas Water Utilities Department informs the Town that drought contingency measures may be necessary,
the city manager or duly appointed representative will order the initiation of a public notification process. The public notification process will include, but is not limited to the
following: (l) A notice of drought condition will be posted at Town HalL the 􀁰􀁯􀁾􀁴 office, Recreation Center, major supennarkets, and shopping centers. (2) The notice will be circulated
to local newspapers and radio stations via Public Service Announcement. Information regarding the contingency measures for the drought condition will be mailed to all water customers
by means of utility bill inserts and posted op the Town's web ooge. Sec. 34-173. Coordination with regional water planning groups. The service area of the city is located within Texas
Natural Resource Conservation Commission ("TNRCC") Region C and the Town of Addison, Texas has provided a copy of this plan to the TNRCC, City ofDallas, and State Planning Region. 1
Sec. 34-174. Authorization. The city manager, or hislher designee, is hereby authorized and directed to implement the applicable provisions of the plan upon determination that such implementation
is necessary to protect public health, safety, and welfare. The city manager or hislher designee, shall have the authority to initiate or terminate drought or other water supply emergency
response measures as described in this plan. Sec. 34-175. Application. The provisions of this plan shall apply to all persons, customers, and property utilizing using water provided
by the city. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. Sec. 34-176. Definitions.
For the purposes ofthis plan, the following definitions shall apply: Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and
water gardens. Commercial and institutional water use means water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as
retail establishments, hotels, and motels, restaurants, and office buildings. Conservation means 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 supply is conserved and made available for future or alternative
uses. Customer means any person, company, or organization using water supplied by the city. Domestic water use means water use for personal needs or for household or sanitary purposes
such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address means street addresses, box numbers, or
rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use means the use of water in processes designed to convert materials of lower
value into forms having greater usability and value. Landscape irrigation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned,
including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use means water uses that are not essential nor required
for the protection of public, health, safety, and welfare, including: 2
(a) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; (b) Use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle; (c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (d) Use of water
to wash down buildings or structures for purposes other than immediate fire protection; (e) Flushing gutters or permitting water to run or accumulate in any gutter or street; (f) Use
of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (g) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary
to support aquatic life; (h) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (0 Use of water
from hydrants for constructionpurposes or any other purposes other than fire fighting. Odd numbered address means street addresses, box numbers, or rural postal route numbers ending in 1,3, 5, 7, or 9. Sec. 34-177.
Triggering criteria for initiation and termination of drought response stages. The city purchases 100 percent of its potable water from the City of Dallas. Therefore, the emergency water
management triggering measures will be the same as those of the City of Dallas. Also, triggering criteria may be initiated as a result of short term deficiencies and or emergencies specific
to the Town ofAddison. Following are the triggering criteria for initiation and termination of drought response stages: Stage 1: Water Widell Awareness Triggering criteria: Total raw
water supply in connected lakes drops below 55 percent of total conservation storage, demand exceeds 90 percent of deliverable capacity for three consecutive days, or short term deficiencies
in distribution system limit supply capability. 3
Below are examples of the types of triggering criteria that might be used in a drought contingency plan. One or a combination of such criteria may be defined for each drought response
stage: Example 1: When, pursuant to requirements specified in the city wholesale water purchase contract with the City of Dallas, notification is received requesting initiation of s,Stage
1 ofthe drought contingency plan. Example 2: Continually falling treated water reservoir levels which do not refill above 50 percent overnight (e.g., based on an evaluation of minimum
treated water storage required to avoid system outage). Actions available (applied to all customers as necessary). • The city manager or designee requests voluntary reductions in water
use. • Accelerate public information efforts to teach and encourage reduced water use. • Staff will begin a review of the problems which initiated the Stage 1 actions. • Notify major
water users and work with them to achieve voluntary water use reduction. • Prohibit city government use of water for street washing, vehicle washing, operation of ornamental fountains
and all other nonessential use. • Request a reduction in landscape watering by city government. Termination criteria: All initiated actions will remain in effect until the conditions
which triggered Stage 1 have been alleviated. If Stage 1 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which
they were triggered, or until the Director of Dallas Water Utilities determines that these measures are no longer required. Stage 2: Water '''sFBiBg Watch Triggering Criteria: Total
raw water supply in connected lakes drops below 50 percent of total conservation storage or demand exceeds 95 percent of deliverable capacity for two consecutive days. Stage 2 actions
will not ordinarily be taken until Stage 1 actions have first been implemented. Actions available (applied to all customers, as necessary). • Continue public information efforts regarding
water supply conditions and conservation efforts. • Begin mandatory water use restrictions as follows: 4
• Prohibit hosing off of paved areas, building§ or windows; operation of ornamental fountains, swimming pool draining followed by 􀁲􀁥􀁦􀁩􀁬􀁬􀁩􀁮􀁧􀁾 washing or rinsing vehicles by
hose; using water in such a manner as to allow runoff or other water wastes. Exceptions: Vehicles may be washed or rinsed with a hose at commercial car washes; vehicles may be washed
at any location with a bucket or other container. • Limit landscape watering at each service address to once every five days based on the last digit ofthe address per the schedule below.
Last Digit of Address oand 5 1 and 6 2 and 7 3 and 8 4 and 9 Allowed Water Dates 2nd, 7th, 12th, 17th, 22nd, 27th 3rd, 8th, 13th, 18th, 23rd, 28th No watering will be allowed on the
31st. Apartments, office building complexes or other property containing multiple addresses will be identified by the lowest address number. Where there are no numbers, a number will
be assigned by the director. These restrictions also apply to government facilities. Exceptions: Foundations, azaleas, and new plantings (first year) of trees and shrubs may be watered
with a hand-held or soaker hose on any day for up to two hours; nurseries may water plant stock only without restrictions; public gardens; may water without restriction. Enforcement:
Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $1,000.00 $2,000.00 per incident. Termination Criteria: All initiated
actions will remain in effect until the conditions which triggered Stage 2 have been alleviated. If Stage 2 is initiated because of excessive demands, all initiated actions will remain
in effect through September 30 of the year in which they were triggered, or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of
Stage 2 actions. Stage 3: Water EmeFgeBey Warning Triggering criteria: Total raw water supply in connected lakes drops below 35 percent of total conservation storage or demand exceeds
95 percent of deliverable capacity for five consecutive days. Stage 3 actions will not ordinarily be taken until Stage 2 actions have first been implemented.
• Any and all washing of vehicles is prohibited. • All commercial water users may be required to reduce water consumption by a percentage determined by the director. Enforcement: Violations
of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $1,000.00 $2,000.00 per incident. Termination Criteria: All initiated actions will
remain in effect until the conditions which triggered Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in effect
through September 30 of the year in which they were triggered, or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 4 actions.
Stage 5: EmergencI Water Shortage (a) System outage due to major water system components. Triggering Criteria: A system outage to one of the Townfs two water pumP stations, which are
located at each end of town. In the event of such outage, the second pump station will be used. In addition, the Town of Addison has four city of Dallas emergency stand-by meters connected
to the Town's distribution system that can be used to supplement the Town's supply after notification to the city ofDallas. Actions Available (applied to all customers). • Initiate or
continue implementation of all restrictions from previous stages as directed by the City Manager or his designee. • Prohibit all commercial and residential landscape watering. All commercial
water users will be required to reduce water consumption by a percentage determined by the City Manager or his designee. (b) Supply source contamination special 􀁰􀁲􀁾􀁣􀁡􀁹􀁴􀁩􀁯􀁮􀁳􀀮
Triggering Criteria: Water system contamination caused by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine
residuals. In the event of sych contamination, the affegted area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with
Subsection (q), "Special Precautions/' of Section 290.46, "Minimum Acceptable Operating Practices for Public Drinking Water Systems," of Subchapter D, "Ru1es and Regulations for Public
Water Systems," of Chapter 290, "Public Drinking Water," of Part 1, "Texas Natural Resource Conservation Commission," of Title 30, "Environmental Quality," of the Texas Administrative
Code, in its current form and as it may hereafter be amended. Water customers in the affected area shall be notified immediately with a "Boil Water Notice," and a letter explaining the
situation and containing recommendations to the water customer regarding the use of bottled water. The "Flow chart" contained in Appendix H of 7
Section 290.47, "Appendices," of Subchapter D, "Rules and Regylations for Public Water Systems," of Chapter 290, "Public Drinking Water," of Part 1, "Texas Natural Resource Conservation
Commission," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended, will be used to evaluate the response measures
necessary to correct the condition. Actions Available (applied to all affected customers). • Hand deliver Boil Water Notice to all water customers affected. • Prohibit all water usage
for human consumption for 24 to 36 hours, as determined by the City Manager or his designee. EnfOrcement: Violations of restrictions will result in a warning, and then a citation may
be issued with a fine not to exceed $2,000.00 per incident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered Stage 5 have been alleviated.
If Stage 5 is initiated because of Water Supply Contamination, all initiated actions will remain in effect until the City Manager or his designee determines that conditions exist which
will allow removal of Stage 5 actions. Sec. 34-178. Variances. The city manager (designated official), or his/her designee, may, in writing, grant temporary variance for existing water
uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or
fire protection for the public or the person requesting such variance ang if one or more ofthe following conditions are met: (a) Compliance with this plan cannot be technically accomplished
during the duration ofthe water supply shortage or other condition for which the plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction
in water use. Persons requesting an exemption fef from the provisions ofthis article shall file a petition for a variance with the city within 5 days after the plan or a particular drought
response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include the following: (a) Name and address ofthe petitioner(s).
(b) Purpose ofwater use. (c) Specific provision(s) ofthe fl:elan from which the petitioner is requesting relief.
(d) Detailed statement as to how the specific provision of the 􀁾􀁾􀁬􀁡􀁮 adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner
complies with this article. (e) Description ofthe relief requested. (f) Period oftime for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent ofthis 􀁾􀁾􀁬􀁡􀁮 and the compliance date. (h) Other pertinent information as may be required by the city manager or his designee. Variances
granted by the city manager or his designee shall be subject to the following conditions, unless waived or modified by the city manager (designated official) or hislher designee: • Variances
granted shall include a timetable for compliance. • Variances granted shall expire when the Plan is Ret no longer in effect, unless the petitioner has failed to meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of the 􀁾􀁾􀁐􀁬􀁡􀁮 occurring prior to the issuance ofthe variance. Sec. 34-179. Penalty. It shall be unlawful for
any person to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than
$1,000.00 $2000.00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 9
EXHIBIT A ARTICLE V. DROUGHT CONTINGENCY PLAN Sec. 34-171. lneOFjJOmiOB ofpFemises; BNon-essential water uses. The aeO¥e and foregoing premises are true aDd eorrect aad are ineorporated
herem and made a part hereof for aR pw-poses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency Plan" or the "Plan") are considered
to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the
offender(s) to penalties as defined in sectioa 34 177 Section 34-179 ofthis 􀁰􀁾􀁬􀁡􀁮􀀮 Sec. 34-172. Public education & notification. Uti The city, by and through its Department of
Public Works, shall periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated
or terminated and the drought response measures to be implemented in each stage. This iflformatiofl iflformatiofl may be provided by means of uti:l:ity bill inserts aad press releases
or Slieh other means as the Director of Publie ')lorks may detenmae. (b) When drought contingency measures appear to be necessary, the public will be notified through available news
media, and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed ofthe status
ofthe drought condition through all available media. (c) When a trigger condition has been reached and the city of Dallas Water Utilities Department informs the Town that drought contingency
measures may be necessary, the city manager or duly appointed representative will order the initiation of a public notification process. The public notification process will include,
but is not limited to the following: (1) A notice of drought condition will be posted at Town HalL the post office, Recreation Center, major supermarkets, and shopping centers. (2) The
notice will be circulated to local newspapers and radio stations via Public Service Announcement. Information regarding the contingency measures for the drought condition will be mailed
to all water customers by means of utility bill inserts and posted on the Town's web page. Sec. 34-173. Coordination with regional water planning groups. The service area of the city
is located within Texas Natural Resource Conservation Commission ("TNRCC") Region C and the Town of Addison, Texas has provided a copy of this plan to the TNRCC, City ofDallas, and State
Planning Region. Dowment #: 952201 1
Sec. 34-174. Authorization. The city manager, or hislher designee, is hereby authorized and directed to implement the applicable provisions of the plan upon determination that such implementation
is necessary to protect public health, safety, and welfare. The city manager or hislher designee, shall have the authority to initiate or terminate drought or other water supply emergency
response measures as described in this plan. Sec. 34-175. Application. The provisions of this plan shall apply to all persons, customers, and property utiliziag using water provided
by the city. The terms "personll and IIcustomerll as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. Sec. 34-176. Defmitions.
For the purposes ofthis plan, the following definitions shall apply: Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and
water gardens. Commercial and institutional water use means water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as
retail establishments, hotels, and motels, restaurants, and office buildings. Conservation means 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 supply is conserved and made available for future or alternative
uses. Customer means any person, company, or organization using water supplied by the city. Domestic water use means water use for personal needs or for household or sanitary purposes
such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address means street addresses, box numbers, or
rural postal route numbers ending in 0,2,4,6, or 8 and locations without addresses. Industrial water use means the use ofwater in processes designed to convert materials of lower lower
value into forms having greater usability and value. Landscape irrigation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned,
including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use means water uses that are not essential nor required
for the protection ofpublic, health, safety, and welfare, including: 􀁾􀁥􀁮􀁴 #: 952201 2
(a) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; (b) Use ofwater to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle; (c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (d) Use of water
to wash down buildings or structures for purposes other than immediate fire protection; (e) Flushing gutters or permitting water to run or accumulate in any gutter or street; (f) Use
of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (g) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary
to support aquatic life; (h) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair ofsuch leak(s); and (i) Use of water
from hydrants for construction purposes or any other purposes other than fire fighting. Odd Odd numbered address means street addresses, box numbers, or rural postal route numbers ending
in 1, 3, 5, 7, or 9. Sec. 34-177. Triggering criteria for initiation and termination of drought response stages. The city purchases 100 percent of its potable water from the City of
Dallas. Therefore, the emergency water management triggering measures will be the same as those of the City of Dallas. Also, triggering criteria may be initiated as a result of short
term deficiencies and or emergencies specific to the Town ofAddison. Following are the triggering criteria for initiation and termination of drought response stages: Stage 1: Water Wateh
Awareness Triggering criteria: Total raw water supply in connected lakes drops below 55 percent of total conservation storage, demand exceeds 90 percent of deliverable capacity for three
consecutive days, or short term deficiencies in distribution system limit supply capability. Document #; 9522Ql 3
Below are examples of the types of triggering criteria that might be used in a drought contingency plan. One or a combination of such criteria may be defined for each drought response
stage: Example 1: When, pursuant to requirements specified in the city wholesale water purchase contract with the City of Dallas, notification is received requesting initiation of s£tage
1 ofthe drought contingency plan. ' Example 2: Continually falling treated water reservoir levels which do not refill above 50 percent overnight (e.g., based on an evaluation of minimum
treated water storage required to avoid system outage). Actions available (applied to all customers as necessary). • The city manager or designee requests voluntary reductions in water
use. • Accelerate public information efforts to teach and encourage reduced water use. • Staffwill begin a review ofthe problems which initiated the Stage 1 actions. • NotifY major water
users and work with them to achieve voluntary water use reduction. • Prohibit city government government use of water for street washing, vehicle washing, operation of ornamental fountains
and all other nonessential use. • Request a reduction in landscape watering by city government. Termination criteria: All initiated actions will remain in effect until the conditions
which triggered Stage 1 have been alleviated. If Stage 1 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which
they were triggered, or until the Director of Dallas Water Utilities determines that these measures are no longer required. Stage 2: Water WftFoiog Watch Triggering Criteria: Total raw
water supply in connected lakes drops below 50 percent of total conservation storage or demand exceeds 95 percent of deliverable capacity for two consecutive days. Stage 2 actions will
not ordinarily be taken until Stage 1 actions have first been implemented. Actions available (applied to all customers, as necessary). • Continue public information efforts regarding
water water supply conditions and conservation efforts. • Begin mandatory water use restrictions as follows: D_enl#: 952201 4
• Prohibit hosing off of paved areas, 􀁢􀁵􀁩􀁬􀁤􀁩􀁮􀁧􀁾 or windows; operation of ornamental fountains, swimming pool draining followed by 􀁲􀁥􀁦􀁩􀁬􀁬􀁩􀁮􀁧􀁾 washing or rinsing vehicles
by hose; using water in such a manner as to allow runoff or other water wastes. Exceptions: Vehicles may be washed or rinsed with a hose at commercial car washes; vehicles may be washed
at any location with a bucket or other container. • Limit landscape watering at each service address to once every five days based on the last digit ofthe address per the schedule below.
Last Digit ofAddress oand 5 1 and 6 2 and 7 3 and 8 4 and 9 Allowed Water Dates No watering will be allowed on the 31 st. Apartments, office building complexes or other property containing
multiple addresses will be identified by the lowest address number. Where there are no numbers, a number will be assigned by the director. These restrictions also apply to government
facilities. Exceptions: Foundations, azaleas, and new plantings (first year) of trees and and shrubs may be watered with a hand-held or soaker hose on any day for up to two hours; nurseries
may water plant stock only without restrictions; public gardens, may water without restriction. Enforcement: Violations of restrictions will result in a warning, and then a citation
may be issued with a fine not to exceed $1,000.00 $2,000.00 per incident. Termination Criteria: All initiated actions will remain in effect until the conditions which triggered Stage
2 have been alleviated. If Stage 2 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered,
or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 2 actions. Stage 3: Water EmeFgeoey Warning Triggering criteria: Total
raw water supply in connected lakes drops below 35 percent of total conservation storage or demand exceeds 95 percent of deliverable capacity for five consecutive days. Stage 3 actions
will not ordinarily be taken until Stage 2 actions have first been implemented. Do<:IIl1Ient #; 952201 5
Actions Available (applied to all customers, as necessary). • Implement recommended engineering alternatives. • Continue implementation of all restrictions from previous stages. • Prohibit
residential or commercial lawn watering and car washing between the hours of 9 a.m. and 9 p.m. • Foundations, shrubs, and trees may be watered with soaker or hand-held hose on the same
five-day rotational basis and landscapes for up to two hours. • Public gardens may water only between the hours of9 p.m. and 9a.m. • Nurseries may water plant stock only between the
hours of9 p.m. and 9 a.m. Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $1,000.00 $2,000.00 per incident.
Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 3 have been alleviated. If Stage 3 is initiated because of excessive demands,
all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until the Director of Dallas Water Utilities determines that conditions
exist which will allow removal of Stage 3 actions. Stage 4: Water (;flsis Emergency Triggering Criteria: Total raw water supply in connected lakes drops below 20 percent of total conservation
storage or demand exceeds 100 percent of deliverable capacity for two consecutive days. Stage 4 actions will not ordinarily be taken until Stage 3 actions have first been implemented.
Actions Available (applied to all customers, as necessary). • Continue implementation ofall restrictions from previous stages. • Prohibit all commercial and residential landscape watering
including golf courses with the following exceptions: • Nurseries' plant stock may be watered between the hours of 9 p.m. and 9 a.m. once every five days based on the last digit oftheir
address per the schedule in Stage 2. • Public gardens, may water between the hours of9 p.m. and 9 a.m. once every five days based on the last digit oftheir address per the schedule in
Stage 2. • Foundations may be watered for a two hour period between the hours of 9 p.m. and 9 a.m. with a soaker or hand-held hose on the five-day rotational basis prescribed for landscape
watering in Stage 2. Docmnenl #; 951191 6
• Any and all washing ofvehicles is prohibited. • All commercial water users may be required to reduce water consumption by a percentage detennined by the director. Enforcement: Violations
of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $1,000.00 $2.000.00 per incident. Termination Criteria: All initiated actions will
remain in effect until the conditions which triggered Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in effect
through September 30 of the year in which they were triggered, or until the Director of Dallas Water Utilities determines that conditions exist which will allow removal of Stage 4 actions.
Stage 5: Emergency Water Shortage (a) System outage due to major water system components. Triggering Criteria: A system outage to one of the Town's two water pump stations, which are
located at each end of town. In the event of such outage. the second pump station will be used. In addition" the Town of Addison has four city of Dallas emergency stand-by meters connected
to the Town's distribution system that can be used to supplement the Town's supply after notification to the city ofDallas. Actions Available (applied to all customers). • Initiate or
continue implementation of all restrictions from previous stages as directed by the City Manager or his designee. • Prohibit all commercial and residential landscape watering. All commercial
water users will be required to reduce water consumption by a percentage determined by the City Manager or his designee. (b) Supply source contamination special precautions. Triggering
Criteria: Water system contamination caused by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine residuals.
In the event of such contamination, the affected area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with Subsection
(0), "Special Precautions," of Section 290.46. "Minimum Acceptable Operating Practices for Public Drinking Water Systems," of Subchapter D, "Rules and Regulations for Public Water Systems,"
of Chapter 290, "Public Drinking Water," of Part L "Texas Natural Resource Conservation Commission," of Title 30. "Environmental Quality," of the Texas Administrative Code, in its current
form and as it may hereafter be amended. Water customers in the affected area shall be notified immediately with a "Boil Water Notice." and a letter explaining the situation and containing
recommendations to the water customer regarding the use of bottled water. The "Flow chart" contained in Appendix H of Docwnonl #: 9522()J 7
Section 290.47, "Appendices,II of Subchapter D, IIRules and Regulations for Public Water Systems, II of Chapter 290, IIpublic Drinking Water,1I of Part L "Texas Natural Resource Conservation
Commission," of Title 30, "Environmental Quality,1I of the Texas Administrative Code, in its current form and as it may hereafter be amended, will be used to evaluate the response measures
necessary to correct the condition. Actions Available(applied to all affected customers). • Hand deliver Boil Water Notice to all water customers affected. • Prohibit all water usage for human consumption for 24 to 36 hours, as determined
by the City Manager or his designee. Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident.
Termination Criteria: All initiated actions will remain in effect until the conditions which triggered Stage 5 have been alleviated. If Stage 5 is initiated because of Water Supply Contamination,
all initiated actions will remain in effect until the City Manager or his designee determines that conditions exist which will allow removal of Stage 5 actions. Sec. 34-178. Variances.
The city manager (designated official), or hislher designee, may, in wntmg, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined
that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance
and if one or more ofthe following conditions are met: (a) Compliance with this plan cannot be technically accomplished during the duration ofthe water supply shortage or other condition
for which the plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption fef from the
provisions of this article shall file a petition for a variance with the city within 5 days after the plan or a particular drought response stage has been invoked. All petitions for
variances shall be reviewed by the city manager, or hislher designee, and shall include the following: (a) (b) (c) DOCIIIDent #: 9522Ql Name and address ofthe petitioner(s). Purpose
ofwater use. Specific provision(s) ofthe p;e,lan from which the petitioner is requesting relief. 8
(d) Detailed statement as to how the specific provision of the pflan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies
with this article. (e) Description ofthe relief requested. (f) Period oftime for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent ofthis pf1an and the compliance date. (h) Other pertinent infonnation as may be required by the city manager or his designee. Variances
granted by the city manager or his designee shall be subject to the following conditions, unless waived or modified by the city manager (designated official) or hisfher designee: • Variances
granted shall include a timetable for compliance. • Variances granted shall expire when the Plan is net no longer in effect, unless the petitioner has failed to meet specified requirements.
No variance shall be retroactive or otherwise justifY any violation of the pPlan occurring prior to the issuance ofthe variance. Sec. 34-179. Penalty. It shall be unlawful for any person
to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $1,000.00
$2000.00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Document II: 952201 9
TOWN OF ADDISON, TEXAS ORDINANCE NO. _ AN ORDINANCE OF THE TOWN OF ADDISON, TEXAS AMENDING ARTICLE V, "DROUGHT CONTINGENCY PLAN," OF CHAPTER 34, "ENVIRONMENT,n OF THE CODE OF ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WIDCH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas (the "City") is a home rule city
possessing the full powers of local self government pursuant to Article 11, Section 5, Texas Constitution and its Home Rule Charter; and WHEREAS, pursuant to such authority and in order
to protect the citizens of the City during drought conditions, the City has adopted certain regulations, otherwise known as a Drought Contingency Plan, which plan is contained in Chapter
34 of the City's Code of Ordinances; and WHEREAS, prior to the adoption of this ordinance, the the public was given an opportunity to comment regarding the amended regulations adopted
herein at a public hearing held by the City Council; and WHEREAS, following such public hearing, the City Council has determined that it is in the public interest to amend its Drought
Contingency Plan as set forth herein in order to better conserve the available water supply and better protect the integrity of water supply facilities, with particular regard for domestic
water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply
emergency conditions; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. Incorporation of Premises. That the above and foregoing premises are
true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Amendment. That Article V, "Drought Contingency Plan," of Chapter 34, "Environment,"
of the Code of Ordinances of the Town of Addison is hereby amended as set forth in Exhibit A attached hereto and incorporated herein, and all other chapters, sections, subsections, paragraphs,
sentences, phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed. Document#: 952162 1
Section 3. Savings. That this Ordinance shall be cumulative of all other ordinances of the City affecting the disposal of surplus property and shall not repeal any of the provisions
of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions ofthis Ordinance. Section 4. Severability. That the
sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application
thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain
in full force and effect. Section 5. Penalty. That it shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with
any provision hereof shall be fined, upon conviction, in any amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or
on which a violation occurs or continues. Section 6. Effective Date. That this Ordinance shall become effective from and after its date ofpassage as provided by law. PASSED AND APPROVED
by the City Council of the Town of Addison, Texas this the day of , 2001. R. Scott Wheeler, Mayor ATTEST: By: _ Cannen Moran, City Secretary APPROVED AS TO FORM: By: _ Kenneth C. Dippel,
City Attorney Document #: 952102 2
Jim Pierce From: Sent: To: Cc: Subject: Jim Pierce Friday, April 06, 2001 3:34 PM Kenneth C. Dippel (E-mail) Chris Terry; Michael Murphy; Keith Thompson Drought Contingency Plan Ordinance
Ken: Attached is an update to our existing Drought Contingency Plan Ordinance. Please look over. We need to revise this ordinance to be in compliance with Dallas' Drought Contingency
Plan (which they just revised). This needs to go to Council as soon as practible. Thanks, UPDATED DROUGHT PLAN.hlm Jim Pierce, P.E. Assistant Public Works Director PO Box 9010 Addison,
TX 75001-9010 972-450-2879 1