O323a; ~~c,AL CITY
SECRETARY'S COPY
ORDINANCE NO. 323
AN ORDINANCE OF THE CITY OF KENNEDALE ESTABLISHING A
YEAR-ROUND DROUGHT CONTINGEi~'CY AND WATER
EMERGENCY MANAGEMENT PLAN TO REDUCE WATER USAGE TO
ENSURE THE HEALTH AND SAFETY OF KENNEDALE CITIZENS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS OF THE PLAN; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Lccal Govenunent Code; and
WHEREAS, the City Council recognizes that the amount of water available to the City
and its eater utility customers is limited and subject to depletion during periods of extended
drought; and
WHEREAS, the City Council further recognizes tl~itjt natural limitations due to drought
conditions cannot guarantee an uninterrupted water supply for all purposes; and
~VHF.REAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas
Commission on Envirotnnental Quality require all public water supply systems in Texas to
prepare a drought contingency plan; and
WHEREAS, the City Council wishes to adopt a Drought Contingency and Water
Emergency Management Plan that provides for the reduction of water usage by customers of the
Kennedale water system and the implementation of emergency measures to reduce ?file demand
upon the Kennedale water system during drought conditions; and
W'HF.REAS, the City Council has determined that the adoption of the attached Drought
Contingency and Water Emergency Management Plan is necessary in order to promote and
preserve fire safety, and public health and sanitation.
NO~V, THERI?.FORE, BE IT ORDAINED P,Y" T'HE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEYAS, THAT:
SECTION 1.
The City of Kennedale hereby adopts a Drought Contingency and Water Emergency
Management Plan, as contained in Attachment "A," attached hereto and incorporated as if fully
set forth herein.
~V:`,Kennedale\ORDINANCU~ROUGHT.P1an.11.29.O5.doc Page 1
SECTION 2.
The City Manager, or his/her duly appointed representative, is hereby authorized to
declare the existence of the trigger conditions for dry conditions, water watch, water warning,
and water emergency conditions as detailed in the Drought Contingency and Water Emergency
Management Plan, to initiate the measures prescribed for such conditions, and to terminate the
conditions when the emergency has ended.
SECTION 3.
When the City Manager, or his/her duly appointed representative, is authorized to enact
any or all of the prescribed procedures, and to adopt and promulgate rules and regulations if
necessary to protect public health and safety in case of system failure.
SECTION 4.
Tlus authority established by this ordinance will remain in effect as long as the Texas
Commission on Environmental Quality requires a Drought Contingency and Water Emergency
Management Plan or until the ordinance has been repealed or amended by the City Council.
SECTION 5.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all other Ordinances of the City of Kemledale, and
shall. not repeal any of the provisions of such ordinances except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which. event the conflicting provisions of such ordinances are hereby repealed.
SECTION 6.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, acid if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 7.
SAVINGS CLAUSE
All rights and remedies of the City of Kemledale are expressly saved as to any and all
violations of the provisions of any ordinances affecting drought management which have accrued
at the time of the effective date of this ordinance; and, as to such accrued violations and all
\V:\Kennedale\ORDINANC\DROUGHT.PIan.11.29.O5.doc Page 2
pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 8.
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined, upon conviction, not more than Two Thousand Dollars ($2000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 9.
PAMPHLET FORM CLAUSE
The City Secretary of the City is hereby authorized to publish this ordinance in book or
pamphlet form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof than
the production thereof.
SECTION 10.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale.
SECTION 11.
EFFECTIVE DATE CLAUSE
Tlus ordinance shall be in fiill force and effect from and after its passage and publication
as required bylaw, and it is so ordained.
~,,~•~~~~~~~~~»,PASSED AND APPROVED this 8`~' day of December, 2005.
.,~F Nl
KEN ~ ,
'~ O
. •• y
•
G~ ; •;~=w
~ • li~~
~ •
_~' ~ :y" ayor
. ~Q`~
A,TT~S~~ .
,~`'
.~e'~~l ~/~'
City Secrete
N:''Kennedale\ORDINANC\DROUGHT.P1an.11.29.O5.doc Page 3
APPROVED AS TO FORIv1 AND LEGALITY:
C~ ~k'~~-
City Attorney
Effective: l o~ - 02 9 - D ~
W:\Kennedale\ORDINANC\DROUGHT.P1an.11.29.O5.doc Page 4
UE~1C{AL CI1~Y
SECRETARY'S COPY
Drought Contingency /
'~YM~
Plan
November 2005
~~~ •~ R7 City Hall
i 405 Municipal Drive
W ~I~ItI@S ~MS1011 Phone 817-478-5418060
Table of Contents
Section 1 -Declaration of Policy, Purpose, and Intent .............1
Section 2 -Public Involvement .............................................. ...1
Section 3 -Public Education .................................................. ...2
Section 4 - Coordination with Regional Planning Groups ... ...2
Section 5 -Authorization ........................................................ ...2
Section 6 -Application ........................................................... ...2
Section 7 -Definitions ............................................................ ...3
Section 8 -Criteria for Initiation and Termination of the Plan ...4
Stage 1-Dry Conditions ........................................................................ .... 4
Stage 2 -Water Watch .......................................................................... .... 5
Stage 3 -Water Warning ....................................................................... .... 8
Stage 4 -- Water Emergency .................................................................. .... 9
Section 9- Variances to the Plan ........................................... .11
Grounds for Granting a Variance ............................................................ ..11
Information Required for a Variance Request ........................................ ..11
Revocation of a Variance ........................................................................ ..12
Section 10- Enforcement of the Plan ..................................... .12
Penafties ................................................................................................... ..13
Section 11- Severability ......................................................... .13
Section 12- Plan Update and Review .................................... .13
Drought Contingency /Water Emergency Plan
City of Kennedale, Texas Public Water System 2200017
In order to conserve the available water supply and protect the integrity of water supply
facilities, with particular regard for domestic water use, sanitation, and fire protection, and
to protect and preserve public health, welfare, and safety and minimize the adverse
impacts of water supply shortage or other water supply emergency conditions, the City of
Kennedale (the City) hereby adopts the following regulations and restrictions on the
delivery and consumption of water through an ordinance.
Water uses regulated or prohibited under this Drought Contingency /Water Emergency
Plan (the Plan) are considered to be non-essential and the 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 10 of this Plan.
The City will afford an opportunity for the public to provide input into the preparation and/or
amendment of the Plan by scheduling and providing notice of a public meeting and by
meeting with concerned citizens on an individual basis. Notices will be published in the local
newspaper and posted in the vestibule of City Hall located at 405 Municipal Drive,
Kennedale, Texas.
After the Plan is adopted and published, it will be available at City Hall, as well as the Public
Library located at 201 New Hope Road, Kennedale, Texas. In addition, the Plan will be
mailed to those who request a copy in writing. Written requests should be addressed to the
Community Development Director, City of Kennedale, 405 Municipal Drive, Kennedale,
Texas.
The City will periodically provide the public with information about the Plan, including when
a stage of the Plan has been initiated or terminated, 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 information may be provided
by publication in the local newspaper, press releases, utility bill inserts, and/or the City's
newsletter, website and public access channel. Information may also be collected from
City Hall and the Public Library at the addresses listed in Section 2.
The Texas Water Development Board established Regional Water Planning Groups
pursuant to Senate Bill 1 (75th Texas Legislature) and made these groups responsible for
the development of regional water management plans. The City has provided a copy of
this Plan to Region C of the Regional Water Planning Groups in which the City's service
area is located.
The Plan has also been submitted to the Texas Commission on Environmental Quality
and the City of Fort Worth.
The City Manager or his/her duly appointed representative is hereby authorized and
directed to implement the applicable provisions of this Plan upon determination that such
implementation is necessary to protect public health, safety, and welfare. The City
Manager or his/her duly appointed representative shall have the authority to initiate or
terminate drought or other water supply emergency response measures as described in
this Plan.
Section 6 -Application
The provisions of this Plan shall apply to all properties, persons and customers utilizing
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.
2
For the purposes of this Plan, the following definitions shall apply:
Aesthetic water use: water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
~: The City of Kennedale.
Commercial and institutional water use: 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: 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: any person, company, or organization using water supplied by the City.
Domestic water use: 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.
Industrial water use: the use of water in processes designed to convert materials of lower
value into forms having greater usability and value.
Landscape irrigation use: water that is 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: water uses that are neither essential nor required for the
protection of public, health, safety, and welfare, including:
a) irrigation of landscaped 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;
3
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.
Rationing: limiting the amount of water that can be used.
Restrictions: limitations on how and when water can be used.
System: The water distribution system, including pumps, storage tanks and piping.
The City Manager orhis/her duly appointed representative will monitor water supply and
City system demands on a daily basis and will determine when conditions warrant initiation
or termination of each stage of the Plan. This information shall be provided to the public
by some or all of the following methods: publication in the local newspaper, press
releases, utility bill inserts, and/or the City's newsletter, website and public access channel.
Although each stage of the Plan will generally be implemented sequentially, when specific
"triggers" are reached, the City Manager orhis/her duly appointed representative may
initiate the Plan beginning at any stage. Conversely, the City Manager orhis/her duly
appointed representative is not required to initiate the Plan simply because a "trigger" was
reached.
Additional measures may be invoked whenever necessary, or if implementation of any
stage of the Plan does not reduce demand enough to allow proper management of the
system.
The City has a Wholesale Water Purchase Contract with the City of Fort Worth. Currently,
no connection exists between Fort Worth and Kennedale. However, should Kennedale
become connected to Fort Worth's system, then Kennedale would initiate water
restrictions at least as stringent as those initiated by the City of Fort Worth.
9tac~e 1-Dry Conditions
Trigger for initiation
Voluntarily, on a full time basis with particular emphasis beginning on May 1St
and ending on September 30th of each year.
Actions by the City:
4
• The City continues to reduce its own water use (e.g., fountains,
landscape irrigation).
• The City continues its ongoing public education efforts.
• The City will increase its public awareness program if requested by the
City of Fort Worth.
Reauested Actions:
• The City requests that customers voluntarily conserve water.
• The City requests that customers voluntarily irrigate lawns and
landscaping only once every five days.
• The City also requests that there be no irrigation between the hours of 10
a.m. and 6 p.m.
Goals:
• To achieve a voluntary reduction in water use.
Requirements for termination
Termination does not apply since this stage continually remains in effect.
Stage 2 -Water Watch
Stage 2 triggers are:
• Excessive demand; when the City's system meets or exceeds 95% of its
reliable pumping capacity for three consecutive days, or
• When notification is received requesting initiation of Stage 2 of the Plan
pursuant to requirements specified in the City's wholesale water
purchase contract with the City of Fort Worth (when a wholesale
connection exists), or
• When the system's capacity to pump, store or deliver water is reduced
due to an emergency.
Stage 2 Actions by the City:
• Further reduce its own water use by prohibiting street washing, washing
of City vehicles, operation of ornamental fountains and other non-
essential uses,
• Increase public information on efforts to conserve water,
• Identify the conditions which triggered this stage of the Plan,
• Immediately correct any condition within its control, and
• Monitor for triggers of subsequent stages.
5
Stage 2 Requested Actions:
• The City discourages the installation of any new landscaping until water
restrictions and prohibited actions are lifted.
Stage 2 Restrictions and Prohibited Actions:
• The unattended watering of any foundation, lawn or landscaping, unless
in accordance with the provisions listed in the Exceptions, below,
• Any watering between the hours of 10 a.m. and 6 p.m., regardless of
exceptions,
• Watering on the 31St of the month,
• The use of water to wash down pavement, sidewalks, walkways,
driveways, parking lots, tennis courts, or other hard-surfaced areas,
• The use of water to wash down buildings or structures for purposes other
than immediate fire protection,
• Any action that allows water to run or accumulate in any gutter or street,
• The washing of vehicles that does not occur at a commercial car wash,
• The washing of vehicles by hose,
• The use of water from fire hydrants for any purpose except fire fighting.
• The filling of any new swimming pools and/or Jacuzzi-type pools.
• The draining and refilling of any existing swimming pool already in use
before this stage of the Plan was initiated.
Stage 2 Exceptions:
• Water from fire hydrants may be used for activities necessary to maintain
public health, safety and/or welfare.
• Water taken from designated fire hydrants and used for construction may
be allowed under special permit from the City Manager or his/her duly
appointed representative
• An existing commercial, public, private, or community swimming pool in
use before this stage of the Plan was initiated may replace only the water
lost to evaporation or daily use.
• The unattended watering of foundations, lawns and landscaping will be
allowed once every five days between the hours of 6 p.m. and 10 a.m:
and only in accordance with the following table.
s
Stage 2 Exceptions (cont'd):
Locations where the May Water on the following
Last Numeric Digit of
the Address is: Days of the Month:
0 or 5 5~', 10~h, 15'", 20"', 25~h, and 30"'
1 orb 15~, 6"', 11"', 16"', 215, and 26~'
2 or 7 2"d, 7"', 12"', 17"', 22`x, and 27~'
3 or 8 3rd, 8"', 13t, 18~', 23`x, and 28"'
4 or 9 4~', 9~', 14"', 19"', 24w, and 29"'
Table: Five (5) Day Watering Schedule
Watering foundations, lawns or landscaping with ahand-held hose or
watering-can may be conducted any day between the hours of 6 p.m.
and 10 a.m. Hose must be attended anytime water is running.
Unattended watering at commercial plant nurseries may occur any day
between the hours of 6 p.m. and 10 a.m.
Restrictions do not apply to locations using water to irrigate from sources
other than the City's water system.
Stage 2 Goal:
The City anticipates a 5% reduction in system demand by the end of the first
week after initiation of this stage.
Stage 2 Requirements for termination:
All initiated actions will remain in effect until the conditions that triggered the
stage have been eliminated. If the Stage is initiated because of excessive
demand, the stage and all actions will remain in effect through September 30tH
of the year in which they were triggered, or until the City Manager orhis/her duly
appointed representative determine that conditions exist which allow termination
of this stage. Upon termination of Stage 2, Stage 1 becomes effective.
Stage 3 -Water Warning
Stage 3 triggers:
Excessive capacity; when the City's system meets or exceeds 98% of its
reliable pumping capacity for three consecutive days or a reduction in the
available water supply up to a repeat of the drought of record, or
When notification is received requesting initiation of Stage 3 of the Plan
pursuant to requirements specified in the City's wholesale water
purchase contract with the City of Fort Worth (when a wholesale
connection exists), or
When the system's capacity to pump, store or deliver water is seriously
reduced due to an emergency.
Stage 3 Actions by the City:
In addition to actions listed in Stage 2, the City will also discontinue its
landscape watering, except as needed to prevent foundation damage to City
buildings and only per the Five (5) Day Watering Schedule.
Stage 3 Requested Actions:
The City strongly discourages the installation of any new landscaping.
Installations should be delayed until water restrictions and prohibited
actions are lifted.
Stage 3 Restrictions and Prohibited Actions:
All restrictions and prohibited actions initiated in Stage 2, plus:
• The operation of ornamental fountains,
• The filling, draining, refilling, or adding any water to any new or existing
swimming pools or Jacuzzi-type pools, unless as provided in Stage 3
Exceptions, below,
• The unattended watering of foundations, lawns or landscaping,
• Watering of foundations, lawns or landscaping by hand-held hose,
unless as provided in Stage 3 Exceptions, below,
• The washing of any vehicle, unless as provided in Stage 3 Exceptions,
below.
Stage 3 Exceptions:
• Only existing commercial, public, or community swimming pools in use
before Stage 2 of the Plan was initiated may replace only the water lost
s
due to evaporation or daily use.
• The watering of foundations, lawns or landscaping may be done by
hand-held hose or watering-can, only if adhering to the Five (5) Day
Watering Schedule. Hose must be attended anytime water is running
and watering done only between the hours of 6 p.m. and 10 a.m.
• Vehicles may be washed for health, sanitation, or safety reasons (e.g.
food carriers), only if the washing occurs at a commercial car wash that
uses a recirculating water system.
• Water from fire hydrants may be used for activities necessary to
maintain public health, safety and/or welfare.
• Water used for construction and taken from designated fire hydrants
may be allowed under special permit from the City Manager or his/her
duly appointed representative.
• Commercial plant nurseries may water stock with ahand-held hose or
watering-can any day between the hours of 6 p.m. and 10 a.m. Hose
must be attended anytime the water is running.
• Restrictions do not apply to locations using water to irrigate from
sources other than the City's water system.
Stage 3 Goal:
The City anticipates a 10% reduction in system demand by the end of the first
week after the initiation of Stage 3.
Stage 3 Requirements for termination:
All initiated actions will remain in effect until the conditions that triggered the
stage have been eliminated. If the Stage is initiated because of excessive
demand, the stage and all actions will remain in effect through September 30tH
of the year in which they were triggered, or until the City Manager orhis/her duly
appointed representative determines that conditions exist which allow
termination of this stage. Upon termination of Stage 3, the City Manager or
his/her duly appointed representative will determine whether Stage 2 or Stage 1
will become effective.
Stage 4 -Water Emergency
Stage 4 triggers:
• When demand exceeds 100% of the system's reliable pumping capacity,
or
When notification is received
pursuant to requirements
purchase contract with the
exists),or
requesting initiation of Stage 4 of the Plan
specified in the City's wholesale water
City of Fort Worth, (when a connection
9
• When major water line breaks, pumping failures, system failures, or other
emergencies cause unprecedented loss of the system's capacity to
pump, store or deliver water, or
• Contamination of the water supply.
Stage 4 Actions by the City:
In addition to actions listed in Stage 2 and Stage 3, the City will also:
• Discontinue all its watering, except by hand-held hose as needed to
prevent foundation damage to City buildings and only as prescribed
in the Five (5) Day Watering Schedule, and
• Discontinue all non-essential water use.
Stage 4 Restrictions and Prohibited Actions:
All restrictions and prohibited actions initiated in Stage 2 and Stage 3, plus:
• Installation of new landscaping.
• Landscape watering.
• Foundation watering, unless as provided in Stage 4 Exceptions, below.
• The use of water from fire hydrants for any purpose except fire fighting or
as needed to protect public health.
• Any non-essential water use.
Stage 4 Exceptions:
• The watering of foundations may be done by hand-held hose or
watering can only if adhering to the Five (5) Day Watering Schedule.
Hose must be attended anytime water is running and watering done
only between the hours of 6 p.m. and 10 a.m.
• Commercial plant nurseries may water plant stock if done by hand-held
hose or watering can and only if adhering to the Five (5) Day Watering
Schedule. Hose must be attended anytime water is running
Stage 4 Goal:
The city will reduce system demand enough to rectify the emergency situation
as soon as possible.
Stage 4 Requirements for termination:
All initiated actions will remain in effect until the conditions that triggered the
stage have been eliminated. If the Stage is initiated because of excessive
demand, the stage and all actions will remain in effect through September 30tH
of the year in which they were triggered, or until the City Manager or his/her duly
10
appointed representative determines that conditions exist which allow
termination of this stage. Upon termination of Stage 4, the City Manager or
his/her duly appointed representative will determine whether Stage 3, Stage 2
or Stage 1 will become effective.
Variances granted from any particular stage of the Plan will automatically expire when that
particular stage is terminated and is no longer in effect.
A variance is not automatically renewable; a subsequent re-initiation of a stage from which
an applicant was previously granted a variance will require a new application and a new
variance.
A variance will not be re-issued to an applicant simply because that applicant had previously
been granted that variance. Each application will be evaluated based on the conditions in
place at the time that application is received, regardless of any previously granted variance.
No variance will be retroactive or otherwise exempt an applicant from a violation of the Plan
occurring prior to the issuance of the variance.
Grounds for Grarrtinc~ a Variance
The City Manager or his/her duly appointed representative may grant temporary
variances for water uses otherwise prohibited under this Plan only if all of the
following conditions are met:
Granting the variance would not cause an immediate, significant
reduction in the City's water supply;
2. Failure to approve the variance would result in an extreme hardship or
need relating to health, safety or welfare of the applicant;
3. Granting the variance would not adversely affect the health, safety and
welfare of other persons; and
4. The applicant signs a compliance agreement provided by the City
Manager or his/her duly appointed representative agreeing to use water
only in the amount and manner approved by the variance.
Information Required for a Variance Request
Any application for variances must be in writing and must include the following
information:
1. Name and address of applicant(s);
11
2. Purpose of water use and the amount of daily use;
3. Specific provisions from which relief is requested;
4. A detailed statement of the adverse effect of the provision from which relief
is requested
5. A description of the relief requested;
6. The period of time for which the variance is sought;
7. Alternative measures that will be taken. to reduce water use;
8. Methods of measurement and reporting to confirm water use reductions (if
applicable); and
9. Any other pertinent information requested.
Applications for a variance to the Plan are available at the City Hall located at 405
Municipal Drive in Kennedale. Completed applications may be directed to the
following address:
Director of Public Works
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Revocation of a Variance
The City Manager or his/her duly appointed representative may revoke a
variance when he or she determines that:
• The conditions set out in Grounds for Granting a Variance, above, are not
being met or are no longer applicable;
• The terms of the compliance agreement have been violated; or
• Revocation is advisable to protect the health, safety, or welfare of the
public or any person.
Mandatory water use restrictions may be imposed by the City Manager or hislher duly
appointed representative, beginning at any stage of the Plan.
72
Water use contrary to any provision of this Plan, or in an amount in excess of that permitted
by the stage of the Plan in effect at the time shall constitute a violation.
Each day that one or more of the provisions in this Plan is violated shall constitute a
separate offense.
A police officer or any other City employee designated by the City Manager may issue a
citation to a person he or she reasonably believes to be in violation of the Plan.
Penalties
First Offense: Written Warning
Subsequent Offenses: Citation, with fines established by ordinance.
After three violations, the City may cut off water service to the customer. Water
service discontinued under these circumstances will only be restored upon
payment of a reconnection fee and any outstanding fines.
It is hereby declared to be the intent of the City that the sections, paragraphs, sentences,
clauses and phrases of this Plan are severable, and if any section, paragraph, sentence,
clause or phrase of this Plan is declared unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining sections, paragraphs, sentences, clauses or phrases of this Plan, since the same
would not have been enacted by the City without the incorporation into the Plan of any such
unconstitutional section, paragraph, sentence, clause or phrase.
The City will review the Plan at least every five years, as required by Texas Commission on
Environmental Quality rules. The Plan, or its sections, may be amended, revised or updated
anytime it is appropriate to include new information.
13