ORD NO 10-1981 ORDINANCE NO. /6•79//
AN ORDINANCE ADOPTING A WATER CONSERVATION AND RATIONING PLAN
FOR THE CITY OF VAN BUREN, ARKANSAS
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
0 THE CITY OF VAN•BUREN,•ARKANSAS,'THAT:
SECTION 1: The Fort Smith water supply is critically
low. The ordinary and,requir'ements of water consumers
of the Fort Smith and Van Buren•area cannot satisfied
without depleting the: water supply of the Fort Smith lake,
impoundments to the extent that there would be insufficient
water for human consumption, sanitation, and fire protection.
It is the purpose and intent of this ordinance to decrease
the water demand on the available water supplies of Van
Buren by limiting water consumption, thus insuring the safety
and well -being of the citizens of Van Buren.
SECTION 2: For the purpose of this'Ordinance, the
following terms, phrases and words shall have the meaning
given herein. When not inconsistent with the context,
words used in the present tense include the future and words
in the singular include the plural and vice versa: The
word "shall" is always mandatory.
Definitions p'-
Industr'ial=- anufacturing or processing establishments
where the, water ts,used principally in the manufacturing
or processing function (factories,, refineries, bottling
plants', food processing plants',, nurseries, etc.)
Non- Industrial Business or manufacturing companies
where the water is not used•principally in the manu-
facturing or processing function. This would include
professional offices, churches, cultural and social
organizations, restaurants, motels, hotels, public and
private schools. In addition, this classification
includes•residential dwellings of Van Buren residents.
Contract Users This. classification includes all
public entities that purchase water for use outside
'the City of Van Buren. Contract Users include the
following entities: Oak Grove Water Users Association;
•Cedarville Water Users Association; and the Dora Water
Users Association.
0
SECTION 3: The-intent of Phase I Voluntary conservation
is to alert all users of city- owned water that the supply levels
are reduced to the point that all users are urged to undertake
voluntary measures to reduce water consumption. Further deteri-
oration in water supplies would be detrimental to the•future
economic•well -being of the community'. The .goal of this section
is to reduce water consumption to an average, usage: of 2,000,000
gallons per day.
a. Phase I commence when the total useable water
storage a (above.'lowest intake values) in the Fort
Smith impoundment;lakes• decreases to a combined
level of 12,000'acre feet of water usage remaining.
This shall be, implemented when the lake levels
remain below these.levels'fo±.3 consecutive days.
b. Proceed to use the Lee Creek Supply as much as possible.
c. Using water from fire hydrants is restricted.
d. Residential customers are asked to restrict themselves
to no lawn watering, garden watering, car washing or
.filling swimming pools. Residential water usage will
be monitored for leaking plumbing and if significant
leaks are detected the meter will be turned off until
the leaks are repaired. Residential users showing
increase usage may face restricted flows at. the water
meter.
e. Voluntary commercial and industrial restrictions
includes no lawn watering, floor,wasihing,or parking
lot washing. Car washing facilities are asked not
to use water to clean wash bays at this time.
Industrial and Commercial establishments water usage
will be monitored closely and those not showing
reduced water usage may be asked individually to
cut back or face restricted water flows at the water
meter.
f. Watering of golf course fairways, baseball. fields,
and football fields is restricted.
g. The communities of Dora, Cedarville and Oak Grove
are asked to restrict themselves to the same re-
quirements as Van Buren users. Water usage will be
monitored closely and those not showing a reduction
in water usage may face restricted water flows at
the water master meters.
h. Citizens are asked to be watchfull and report any
water waste to the.Water,Department.
i
i. Van Buren water%line:service crews are directed to
give water leaks first priority.
j. Water usage by' city facilities is restricted to
that amount of water necessary for health and
safety purposes.
k. This phase shall be removed when the lake levels
remain above 13,000 acre feet for 10 consecutive
days.
SECTION 4: The objectives in Phase I have not been accom-
plished, in as much as the water supply levels have further
deteriorated; therefore, it becomes necessary to prohibit
the uses of city water for certain specific purposes. The
intent of this phase mandatory restrictions is to minimize
the adverse impact of mandatory restrictions on all water
users and not to impose an economic hardship on any commercial
or industrial water user. The goal of this phase is to reduce
water consumption to an average usage of 1,700,000 gallons
per day.
a. Phase II shall commence when the total useable
water storage (above lowest intake values)i.in
the Fort Smith impoundment lakes decreases to a
storage capacity of 10,800 acre feet of water
usage remaining. This phase shall be implemented
when the lake levels remain below these levels
for 3 consecutive days.
b. Continue to implement all conditions of Phase I.
c. Direct a letter to each contract user advising
them of the implementation of Phase II and require
that they take similar action.
j
d. The watering.of shrubs, plants, trees, and gardens
is permitted by ..hand -held hose only and should be
limited,',to the: minimumamounts .necessary to sub-
stainplant,life. All lawn watering by hose or
sprinklers f.r-om1 city sources is- prohibited.
r?
0 :e. Golf courses shall.prohibit all waterin from city
sources.within.45 days of the, enactment of this
phase. During the 45 days interim period, only
the•watering of. greens by,hand -held hose is
permitted,
f. The wasing of,sidewalks, walkways,' driveways,
patios; parking lots, tennis courts and other
hard surfaced areas by hosing or by use of. water
directly from faucets or other city sources is
prohibited.
g. The washing of motor vehicles, trailers,
or boats by hosing or by use of water directly from
faucets is,-prohibited (not applicable to commercial
car washes).:
h. The use of water from fire hydrants at anytime,
for construction purposes,'fire drills,.or flushing
of fire' lines is prohibited.' Only.non- potable
water may be used for dirt compaction, earth
moving operations, or street base course construction.
i. Discourage water users from filling swimming
pools 'or fountains.
j. No water service shall be provided .to restaurant
patrons except by request.
k. Drinking cans•and paper'cups must be furnished
at all constructionjob sites.
1. Provide an intensified public. education program.
m. Contract users shall institute a 5.00 /m penalty
against their customers when usage is above 90%
of their past,winter average for.November, December,
January, February, and March. The goal being not
to exceed 90% of "total•winter average per contract
user. Failure to institute'penalties and or' bring
usage down below winter time average will result in
reduced flow at the master meters.
n. This phase shall be removed when the lake levels
remain above :12,000 acre feet for 10 .:consecutive
days.
fA4
.iyt
4
SECTION 5: The failure to comply with any requirements
contained in this Ordinance for any person, business or industry
is hereby declared to be unlawful; and any person, business
or industry convicted of such unlawful act shall be deemed
guilty of a misdemeanor and shall be fined in a sum of not
less than $25 and not to exceed $100 for the first offense
committed; and not less than $100 and not to exceed $500 for
each additional offense committed. The Police•Department shall
not issue warning notices to persons failing to comply with
the provisions of this Ordinance.
SECTION 6: If any section, subsection, sentence,, clause
or phrase of this Ordinance or any 'application hereof is
for any reason held illegal, invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining parts hereof.
SECTION 7.: All and parts of ordinances in
conflict herewith are hereby repealed.
.SECTION 8: Emergency Clause; It is hereby found and
determined by the City Council that an emergency exists
in. the City of Van Buren resulting from.a shortage of water
and this Ordinance being necessary for the immediate preservation
of the publiezhealth,� safetyiandiwehfare shall be immediately
effective as of :the date'.of -:its "ad "option.
PASSED AND APPROVED this @!L-- day of f 661_ 1981.
APPROV
Mayor
ATTEST
410
City Clerk