HomeMy WebLinkAboutOrdinance 6776113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6776
File Number: 2024-382
CHAPTER § 51.001 WATER SHORTAGES (AMENDMENT):
AN ORDINANCE TO AMEND § 51.001 WATER SHORTAGES TO CLARIFY THE POWER TO ISSUE
PROHIBITIONS AND MORATORIUMS OF CERTAIN TYPES OF WATER USAGE TO PREVENT WATER
SHORTAGES FROM IMPERILING PUBLIC HEALTH AND WELFARE AND TO PASS AN EMERGENCY
CLAUSE
WHEREAS, climate change is causing increased flooding issues for the City of Fayetteville, but also causing more
intense potential droughts and water shortages for our citizens; and
WHEREAS, population growth needing water supply has occurred faster than predicted in water plane districts in
southeastern Fayetteville to Elkins and in Goshen and the county area east of Fayetteville along Highway 45; and
WHEREAS, proposed solutions to this water supply issue need to be rapidly advanced, but will regardless take
substantial time as well as significant resources to enlarge certain water mains and to bring new water towers or storage
online; and
WHEREAS, § 51.001 Water Shortages needs to be amended to include increased powers to the Mayor and his
designee if a portion of the water district needs protective actions limiting irrigation and other measures to try to ensure
the City can maintain 25 p.s.i. for its customers throughout our water distribution system.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.001 Water Shortages by
repealing subsection (G) and enact a new (G) as follows:
"(G) In order to prevent a likely potential unhealthy loss of water pressure below 25 pounds per square inch
(p.s.i.) in our water system, the Mayor or designee may not only take all measures listed in (C) of this code section, but
may also issue a moratorium of up to six months for the water endangered areas:
1. to limit, regulate, or prohibit the provision of new water service to customers within a water endangered area
which have not already secured valid and enforceable development or building permits approval from the City
of Fayetteville;
2. to prohibit installation of yard and irrigation hydrants or meters and to regulate or prohibit the use of any
Page 1
Ordinance: 6776
File Number: 2024-382
existing yard or irrigation hydrants or meters; and
3. to limit customers' volume and usage of water through existing water meters by time of day and hours of
allowed use during a day, and by days of the week or month when usage is allowed;
4. to limit the total amount of water used daily, weekly or monthly by any customer beyond the city limits and to
terminate water service for a period of 24 hours to any customer exceeding the allowed volume and usage for
the first time;
5. to respond to subsequent failures of the customer to limit its usage to the amount allowed by the City to
preserve all other customers' needs for water, the City authorizes the denial of water services for two days for
the first repeat violation, three days for the next violation and so on during the moratorium period;
6. to lock out or remove the water meter when the City has reasonable grounds to believe that a water customer's
meter has been tampered with or turned back on without City authority;
7. the customer may seek a Due Process Hearing conducted by the Chief of Staff by filing with the City Clerk's
Office a written and signed request for such hearing within one week of the suspension of water service with
all reasons why such water meter should not be locked out or removed and water service should be restored;
8. notice of a new authorized moratorium shall be published in the NWA Democrat -Gazette as soon as possible;
9. the moratorium may be extended by City Council Resolution prior to its expiration date when determined
necessary by the City Council to protect citizens' peace, health and safety."
Section 2: Emergency Clause. The City is currently facing a possible water shortage delivery ability in our water
district east of Fayetteville toward Goshen and from eastern Fayetteville near Stonebridge to and including Elkins that
could result in water pressure falling below 25 p.s.i. which could endanger those residents' peace, health, safety and
welfare without prompt and necessary water conservation measures and other action. Therefore, the City Council of
the City of Fayetteville, Arkansas hereby declares an emergency exists requiring this ordinance to be effective
immediately upon its passage and approval.
PASSED and APPROVED on August 6, 2024
Attest: 0%I j ITRIIq
�`' Vx
'���AYETfEV1LLt =
Kara Paxton, Ci4CIer Treasurer �� •'��
iy'•-q'9KAt`t`'P'J
'CTO..%
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 6, 2024
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: ORDINANCE TO AMEND § 51.001 WATER SHORTAGES
RECOMMENDATION:
2024-382
Staff recommends amending § 51.001 Water Shortages to clarify the power to issue prohibitions and
moratoriums on certain types of water usage to prevent water shortages from imperiling public health and
welfare and to pass an emergency clause.
BACKGROUND:
Climate change is causing increased flooding issues for the City of Fayetteville, but also causing more intense
potential droughts and water shortages for our citizen Population growth needing water supply has occurred
faster than predicted in water plane districts in southeastern Fayetteville to Elkins and in Goshen and the
county area east of Fayetteville along Highway 45. Proposed solutions to this water supply issue need to be
rapidly advanced, but will regardless take substantial time as well as significant resources to enlarge certain
water mains and to bring new water towers or storage online.
DISCUSSION:
§ 51.001 Water Shortages needs to be amended to include increased powers to the Mayor and his designee if
a portion of the water district needs protective actions limiting irrigation and other measures to try to ensure the
City can maintain 25 p.s.i. for its customers throughout our water distribution system.
BUDGET/STAFF IMPACT:
None.
ATTACHMENTS: SRF (#3), Ord Amend 51.001 Water Shortage (#4), City Attorney Memo (5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2024-382
ORDINANCE TO AMEND § 51.001 WATER SHORTAGES
AN ORDINANCE TO AMEND § 51.001 WATER SHORTAGES TO CLARIFY THE POWER TO
ISSUE PROHIBITIONS AND MORATORIUMS OF CERTAIN TYPES OF WATER USAGE TO
PREVENT WATER SHORTAGES FROM IMPERILING PUBLIC HEALTH AND WELFARE AND
TO PASS AN EMERGENCY CLAUSE
WHEREAS, climate change is causing increased flooding issues for the City of Fayetteville, but also
causing more intense potential droughts and water shortages for our citizens; and
WHEREAS, population growth needing water supply has occurred faster than predicted in water plane
districts in southeastern Fayetteville to Elkins and in Goshen and the county area east of Fayetteville
along Highway 45; and
WHEREAS, proposed solutions to this water supply issue need to be rapidly advanced, but will
regardless take substantial time as well as significant resources to enlarge certain water mains and to
bring new water towers or storage online; and
WHEREAS, § 51.001 Water Shortages needs to be amended to include increased powers to the Mayor
and his designee if a portion of the water district needs protective actions limiting irrigation and other
measures to try to ensure the City can maintain 25 p.s.i. for its customers throughout our water
distribution system.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.001 Water
Shortages by repealing subsection (G) and enact a new (G) as follows:
"(G) In order to prevent a likely potential unhealthy loss of water pressure below 25 pounds per
square inch (p.s.i.) in our water system, the Mayor or designee may not only take all measures listed in
(C) of this code section, but may also issue a moratorium of up to six months for the water endangered
areas:
1. to limit, regulate, or prohibit the provision of new water service to customers within a water
endangered area which have not already secured valid and enforceable development or building
Page 1
Ordinance: 6776
File Number: 2024-382
permits approval from the City of Fayetteville;
2. to prohibit installation of yard and irrigation hydrants or meters and to regulate or prohibit the
use of any existing yard or irrigation hydrants or meters; and
3. to limit customers' volume and usage of water through existing water meters by time of day and
hours of allowed use during a day, and by days of the week or month when usage is allowed;
4. to limit the total amount of water used daily, weekly or monthly by any customer beyond the city
limits and to terminate water service for a period of 24 hours to any customer exceeding the
allowed volume and usage for the first time;
5. to respond to subsequent failures of the customer to limit its usage to the amount allowed by the
City to preserve all other customers' needs for water, the City authorizes the denial of water
services for two days for the first repeat violation, three days for the next violation and so on
during the moratorium period;
6. to lock out or remove the water meter when the City has reasonable grounds to believe that a
water customer's meter has been tampered with or turned back on without City authority;
7. the customer may seek a Due Process Hearing conducted by the Chief of Staff by filing with the
City Clerk's Office a written and signed request for such hearing within one week of the
suspension of water service with all reasons why such water meter should not be locked out or
removed and water service should be restored;
8. notice of a new authorized moratorium shall be published in the NWA Democrat -Gazette as soon
as possible;
9. the moratorium may be extended by City Council Resolution prior to its expiration date when
determined necessary by the City Council to protect citizens' peace, health and safety."
Section 2: Emergency Clause. The City is currently facing a possible water shortage delivery ability in
our water district east of Fayetteville toward Goshen and from eastern Fayetteville near Stonebridge to
and including Elkins that could result in water pressure falling below 25 p.s.i. which could endanger
those residents' peace, health, safety and welfare without prompt and necessary water conservation
measures and other action. Therefore, the City Council of the City of Fayetteville, Arkansas hereby
declares an emergency exists requiring this ordinance to be effective immediately upon its passage and
approval.
Page 2
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2024-382
Item ID
8/6/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/19/2024 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends amending § 51.001 Water Shortages to clarify the power to issue prohibitions and moratoriums
on certain types of water usage to prevent water shortages from imperiling public health and welfare and to pass
an emergency clause.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
ORDINANCE NO.
AN ORDINANCE TO AMEND § 51.001 WATER SHORTAGES TO CLARIFY THE POWER
TO ISSUE PROHIBITIONS AND MORATORIUMS OF CERTAIN TYPES OF WATER
USAGE TO PREVENT WATER SHORTAGES FROM IMPERILING PUBLIC HEALTH AND
WELFARE AND TO PASS AN EMERGENCY CLAUSE
WHEREAS, climate change is causing increased flooding issues for the City of Fayetteville, but
also causing more intense potential droughts and water shortages for our citizens; and
WHEREAS, population growth needing water supply has occurred faster than predicted in water
plane districts in southeastern Fayetteville to Elkins and in Goshen and the county area east of
Fayetteville along Highway 45; and
WHEREAS, proposed solutions to this water supply issue need to be rapidly advanced, but will
regardless take substantial time as well as significant resources to enlarge certain water mains and
to bring new water towers or storage online; and
WHEREAS, § 51.001 Water Shortages needs to be amended to include increased powers to the
Mayor and his designee if a portion of the water district needs protective actions limiting irrigation
and other measures to try to ensure the City can maintain 25 p.s.i. for its customers throughout our
water distribution system.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.001
Water Shortages by repealing subsection (G) and enact a new (G) as follows:
"(G) In order to prevent a likely potential unhealthy loss of water pressure below 25 pounds
per square inch (p.s.i.) in our water system, the Mayor or designee may not only take all measures
listed in (C) of this code section, but may also issue a moratorium of up to six months for the water
endangered areas:
(1) to limit, regulate, or prohibit the provision of new water service to customers
within water endangered area which have not already secured valid and
enforceable development or building permits approval from the City of
Fayetteville;
(2) to prohibit installation of yard and irrigation hydrants or meters and to regulate
or prohibit the use of any existing yard or irrigation hydrants or meters; and
(3) to limit customers' usage of water through existing water meters by time of day
and hours of allowed use during a day, and by days of the week or month when
usage is allowed;
(4) to limit the total amount of water used daily, weekly or monthly by any
customer beyond the city limits and to terminate water service for a period of
24 hours to any customer exceeding the allowed usage for the first time;
(5) to respond to subsequent failures of the customer to limit its usage to the amount
allowed by the City to preserve all other customers' needs for water, the City
authorizes the denial of water services for two days for the first repeat violation,
three days for the next violation and so on during the moratorium period;
(6) to lock out or remove the water meter when the City has reasonable grounds to
believe that a water customer's meter has been tampered with or turned back
on without City authority;
(7) the customer may seek a Due Process Hearing in front of the Chief of Staff by
filing with the City Clerk's Office a written and signed request for such hearing
within one week of the suspension of water service with all reasons why such
water meter should not be locked out or removed and water service should be
restored;
(8) notice of a new authorized moratorium shall be published in the NWA
Democrat -Gazette as soon as possible;
(9) the moratorium may be extended by City Council Resolution prior to its
expiration date when determined necessary by the City Council to protect
citizens peace, health and safety."
Section 2: Emergency Clause. The City is currently facing a possible water shortage delivery
ability in our water district east of Fayetteville toward Goshen and from Stonebridge to Elkins that
could result in water pressure falling below 25 p.s.i. which could endanger those residents' peace,
health, safety and welfare without prompt and necessary water conservation and other action.
Therefore, the City Council of the City of Fayetteville, Arkansas hereby declares an emergency
exists requiring this ordinance to be effective immediately upon its passage and approval.
ICA
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor
City Council
Kara Paxton, City Clerk/ Treasurer
CC: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
Corey Granderson, Utilities Engineer
.� FROM: Kit Williams, City Attorney
DATE: July 19, 2024
Kit Williams
City Attorney
Blake Pennington
Senior Assistant City Attorney
Hannah Hungate
Assistant City Attorney
Stacy Barnes
Paralegal
RE: Two Areas of East Fayetteville, Eastern Unincorporated Land, Goshen,
and Elkins Are Facing Water Problems
I have been informed by Utilities Director Tim Nyander, Utilities Engineer
Corey Granderson, Water and Sewer Operations Manager Aaron Watkins, and
Assistant Water and Sewer Operations Manager Cody Ashworth that some parts
of East Fayetteville, Goshen, Elkins and unincorporated land near Highways 45
and 16 East have grown faster than expected in population and water usage
demands. This rapid growth in both population and water usage have outpaced
our efforts to fully and constantly supply all homes and businesses in the
affected areas during some Summer periods with sufficient volume of water
delivered at a minimum water pressure of 25 p.s.i. as recommended to ensure
the most healthful potable water is supplied to all customers.
Plans to increase water delivery capabilities for this area are underway,
but constructing new pump stations or water towers and installing and replacing
existing water mains with larger mains to provide sufficient water flow are
difficult, expensive, and lengthy construction projects. Our water department is
also still suffering from slow delivery of some necessary parts.
Therefore, to best ensure the safety of our citizens and customers, the
Water and Sewer Department needs the authority to issue a moratorium with
limitations and regulations to reduce or even prohibit new water meters and taps
for proposed projects that have not yet received their necessary development
approvals. The Fayetteville Code is currently silent regarding the City Water and
Sewer Department's authority to issue such temporary moratorium to limit new
water taps and take other significant measures in areas with insufficient water
delivery facilities to ensure our water customers' health and safety. The attached
ordinance seeks to provide the necessary authority so that Utilities Director Tim
Nyander with the approval of Mayor Jordan can take the' necessary temporary
actions until the City can successfully increase its water delivery abilities in these
areas.
This late summer period with normally hotter temperatures and less
rainfall that we are entering is when these water conservation measures would
be most needed in our two water capacity endangered areas. This ordinance
needs to be passed quickly to avoid safety issues from too low pressurized water
during this most critical time of the year. That is also why the proposed
ordinance contains an emergency clause to provide our Utilities Director Tim
Nyander with the Mayor's permission to timely issue a moratorium for new taps
and any necessary restrictions on irrigation and large volume water uses to
ensure sufficient safely pressurized water for domestic use for our current
customers in these endangered areas.
Please find attached the enacting ordinance providing the authority and
requirements for the Mayor or designee to issue a temporary moratorium. Any
moratorium cannot exceed six months in duration unless it is renewed by the
City Council by passing a Resolution to continue the moratorium in effect.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND § 51.001 WATER SHORTAGES TO CLARIFY THE POWER
TO ISSUE PROHIBITIONS AND MORATORIUMS OF CERTAIN TYPES OF WATER
USAGE TO PREVENT WATER SHORTAGES FROM IMPERILING PUBLIC HEALTH AND
WELFARE AND TO PASS AN EMERGENCY CLAUSE
WHEREAS, climate change is causing increased flooding issues for the City of Fayetteville, but
also causing more intense potential droughts and water shortages for our citizens; and
WHEREAS, population growth needing water supply has occurred faster than predicted in water
plane districts in southeastern Fayetteville to Elkins and in Goshen and the county area east of
Fayetteville along Highway 45; and
WHEREAS, proposed solutions to this water supply issue need to be rapidly advanced, but will
regardless take substantial time as well as significant resources to enlarge certain water mains and
to bring new water towers or storage online; and
WHEREAS, § 51.001 Water Shortages needs to be amended to include increased powers to the
Mayor and his designee if a portion of the water district needs protective actions limiting irrigation
and other measures to try to ensure the City can maintain 25 p.s.i. for its customers throughout our
water distribution system.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.001
Water Shortages by repealing subsection (G) and enact a new (G) as follows:
"(G) In order to prevent a likely potential unhealthy loss of water pressure below 25 pounds
per square inch (p.s.i.) in our water system, the Mayor or designee may not only take all measures
listed in (C) of this code section, but may also issue a moratorium of up to six months for the water
endangered areas:
(1) to limit, regulate, or prohibit the provision of new water service to customers
within a water endangered area which have not already secured valid and
enforceable development or building permits approval from the City of
Fayetteville;
(2) to prohibit installation of yard and irrigation hydrants or meters and to regulate
or prohibit the use of any existing yard or irrigation hydrants or meters; and
(3) to limit customers' volume and usage of water through existing water meters
by time of day and hours of allowed use during a day, and by days of the week
or month when usage is allowed;
(4) to limit the total amount of water used daily, weekly or monthly by any
customer beyond the city limits and to terminate water service for a period of
24 hours to any customer exceeding the allowed volume and usage for the first
time;
(5) to respond to subsequent failures of the customer to limit its usage to the amount
allowed by the City to preserve all other customers' needs for water, the City
authorizes the denial of water services for two days for the first repeat violation,
three days for the next violation and so on during the moratorium period;
(6) to lock out or remove the water meter when the City has reasonable grounds to
believe that a water customer's meter has been tampered with or turned back
on without City authority;
(7) the customer may seek a Due Process Hearing conducted by the Chief of Staff
by filing with the City Clerk's Office a written and signed request for such
hearing within one week of the suspension of water service with all reasons why
such water meter should not be locked out or removed and water service should
be restored;
(8) notice of a new authorized moratorium shall be published in the NWA
Democrat -Gazette as soon as possible;
(9) the moratorium may be extended by City Council Resolution prior to its
expiration date when determined necessary by the City Council to protect
citizens' peace, health and safety."
Section 2: Emergency Clause. The City is currently facing a possible water shortage delivery
ability in our water district east of Fayetteville toward Goshen and from eastern Fayetteville near
Stonebridge to and including Elkins that could result in water pressure falling below 25 p.s.i. which
could endanger those residents' peace, health, safety and welfare without prompt and necessary
water conservation measures and other action. Therefore, the City Council of the City of
Fayetteville, Arkansas hereby declares an emergency exists requiring this ordinance to be effective
immediately upon its passage and approval.
Form v1.52
NV\
AN
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE,AR 72701 AUG 13 2024
Ad number#: 428369
PO#: CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
Matter of: ORD 6776
AFFIDAVIT•STATE OF ARKANSAS
I, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that 1 was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6776
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$332.88.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 08/11/24;NWA nwaonline.com 08/11/24
rWW \ { BRAS 0/
J Legal Clerk `� `'G•< SICr,• <`..2
State of ARKANSAS,County of Sebastian _ °`OTAR y s�.
Subscribed and sworn to before me on this 12th day of August, 2024 EN i 2 N.• r a
•
NO Y PUBLIC
Ordinance:6776 riod;
File Number: 2024-382 6.to lock out or remove the
CHAPTER §51.001 WATER water meter when the City has
SHORTAGES(AMENDMENT): reasonable grounds to believe
AN ORDINANCE TO AMEND§ that a water customer's meter
51.001 WATER SHORTAGES TO has Deen tampered with or
CLARIFY THE POWER TO ISSUE turned back on without City au-
PROHIBITIONS AND MORATORI- thority;
UMS OF CERTAIN TYPES OF 7.the customer may seek a
WATER USAGE TO PREVENT Due Process Hearing conducted
WATER SHORTAGES FROM IM- by the Chief of Staff by filing
PERILING PUBLIC HEALTH AND with the City Clerk's Office a
WELFARE AND TO PASS AN written and signed request for
EMERGENCY CLAUSE such hearing within one week of
WHEREAS,climate change is the suspension of water service
causing increased flooding is- with all reasons why such water
sues for the City of Fayetteville, meter should not be locked out
but also causing more intense or removed and water service
potential droughts and water should be restored:
shortages for our citizens;and 8.notice of a new authorized
WHEREAS,population growth moratorium shall be published
needing water supply has oc- in the NWA Democrat-Gazette
curred faster than predicted in as soon as possible:
water plane districts in south- 9.the moratorium may be ex-
eastern Fayetteville to Elkins tended by City Council Resolu-
and in Goshen and the county lion prior to its expiration date
area east of Fayetteville along when determined necessary by
Highway 45;and the City Council to protect citi-
WHEREAS, proposed sotu- zero peace,hearth and safety.'
Lions to this water supply issue Section 2: Emergency
need to be rapidly advanced, Clause. The City is currently
but will regardless take sub- facing a possible water short-
stantial time as well as signiti- age delivery ability in our water
cant resources to enlarge district east of Fayetteville to-
certain water mains and to ward Goshen and from eastern
bring new water towers or slor- Fayetteville near Stonebridge to
age online;and and including Elkins that could
WHEREAS,§51.001 Water result in water pressure falling
Shortages needs to be amended below 25 p.s.i.which could en-
to include increased powers to danger those residents'peace,
the Mayor and his designee if a health,safety and welfare with-
portion of the water district out prompt and necessary water
needs protective actions limiting conservation measures and
irrigation and other measures to other action.Therefore,the City
try to ensure the City can main- Council of the City of Fayet-
tain 25 p.s.1.for its customers teville, Arkansas hereby de-
throughout our water distribu- dares an emergency exists
tion system. requiring this ordinance to be
NOW THEREFORE,BE IT OR- effective immediately upon its
DAINED BY THE CITY COUNCIL passage and approval.
OF THE CITY OF FAYETTEVILLE, PASSED and APPROVED on
ARKANSAS: August 6,2024
Section 1: That the City Approved:
Council of the City of Fayet- Lioneld Jordan,Mayor
teville,Arkansas hereby amends Attest:
§51.001 Water Shortages by Kara Paxton,City Clerk Trees-
repealing subsection (G) and urer
enact a new(G)as follows: This publication was paid for
'(G)In order to prevent a by the City Clerk-Treasurer of
likely potential unhealthy loss of the City of Fayetteville.
water pressure below 25 Arkansas.
pounds per square inch(p.s.i.) Amount Paid:S332.88
in our water system,the Mayor August 11.2024 428369
or designee may not only take
all measures listed in(C)01 this
code section,but may also issue
a moratorium of up to six
months for the water endan-
gered areas:
1.to limit,regulate,or pro-
hibit the provision of new water
service to customers within a
water endangered area which
have not already secured valid
and enforceable development or
building permits approval from
the City of Fayetteville:
2.to prohibit installation o1
yard and irrigation hydrants or
meters and to regulate or pro-
hibit the use of any existing yard
or irrigation hydrants or meters;
and
3.to limit customers'volume
and usage of water through ex-
isting water meters by time of
day and hours of allowed use
during a day,and by days of the
week or month when usage is
allowed;
4.to limit the total amount of
water used daily, weekly or
monthly by any customer be-
yond the city limits and to ter-
minate water service for a
period of 24 hours to any cus-
tomer exceeding the allowed
volume and usage for the first
time;
5.to respond to subsequent
failures of the customer to limit
its usage to the amount allowed
by the City to preserve all other
customers'needs for water,the
City authorizes the denial of
water services for Iwo days for
the first repeat violation,three
days for the next violation and
so on during the moratorium pe-