A RESOLUTION OF THE TOWN OF SCOTTS HILL AUTHORIZING AND SETTING FORTH GUIDELINES FOR THE DECLARATION OF A WATER SHORTAGE EMERGENCY.

WHEREAS, it is necessary to impose certain restrictions on the use of water because of shortages which can occur for various reasons; and

WHEREAS, it is necessary to have a plan for implementation of measures which restrict the non-essential use of water during such emergencies for the greatest public benefit with particular regard to the public health, fire protection, and domestic use; and

WHEREAS, such implementation procedures must be of a form which can be enacted fairly and quickly to preserve the health and welfare of individuals.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMAN OF THE TOWN OF SCOTTS HILL ( HEREIN REFERRED TO AS THE SYSTEM ), AS FOLLOWS:

SECTION 1. Water being a finite resource the following situations are prohibited within the system = s service area.
a. Permitting unreasonable amounts of water to escape down a gutter, ditch, or other surface drain while using water for a legitimate purpose ;
b. Failure to repair a controllable leak of water; and
c. Failure to put to reasonable beneficial use any water withdrawn from the system

SECTION 2. The mayor or his designee is hereby authorized to declare a water shortage emergency to exist in accordance with the standards set out in Section 3. The declarer must immediately attempt to contact all Alderman to inform them of the emergency action. An end to a water shortage emergency must be declared by the Mayor and Board of Alderman

SECTION 3. That in declaring a water shortage emergency, such an emergency shall be designated Status 1 or Status 2 in accordance with conditions as determined by the Mayor or his designee.

Water Shortage Emergency Status 1 exists when the water system management informs the Mayor of a potential situation where either the water supply or the system= s capability to produce water could be drastically reduced. The system is not in a crisis, but it would be advisable for the system to take steps to protect it= s limited resources until the situation is resolved.

When the water supply reaches Water Shortage Emergency Status 1, the Mayor or his designee may declare any or all of the uses of the water identified as non-essential use Category 1 provided for in this Resolution as being prohibited and said prohibition shall remain in full force and effect until modified by the Mayor and Board of Alderman. The list of non-essential uses may be increased or decreased pending the next meeting of the Mayor and Board of Alderman.

Water Shortage Emergency Status 2 exists when it is determined by the management of the water system that the system cannot meet the normal demands of the water system. This is a major crisis for the system and the system must take steps to insure that essential water demands are met, i.e. fire protection and basic welfare needs of the population.

If Water Shortage Emergency Status 2 is reached, the Mayor or his designee may declare any or all of the non-essential uses provided for in this Resolution are prohibited and the same shall remain in full force and effect until modified by the Mayor and Board of Alderman. They may increase or decrease the number of prohibited non-essential uses based on recommendations of the management of the system.

SECTION 4. Non-Essential Uses During Water Shortage Emergency
a. Non-Essential Uses Category 1 - The following uses are declared to be Non-Essential Uses, Category 1:
1. Use of potable water for dust control or compacting during construction.
b. Washing sidewalks, driveways, parking areas, tennis courts, patios, or other exterior paved areas, except by the city for public safety.
c. Filling or re-filling a swimming pool.
d. Non-commercial washing of privately owned motor vehicles, trailers, and boats.
e. Watering of lawns, flower gardens, and ball fields.
f. Watering any portion of a golf course.
g. Other uses declared non-essential by the Mayor or Board of Alderman.
b. Non-Essential Use Category 2 - The following uses are declared to be Non-Essential Uses, Category 2:
1. Watering of trees, shrubs, and other plants, except by commercial nurseries, in which case item (3) below will apply.
b. Use by a motor vehicle washing facility except where wash water is recycled.
c. Additional uses may be declared non-essential by the Mayor or Board of Alderman
d. Water served for drinking purposes at restaurants or other public or non-public eating establishments unless such water is specifically requested by the patron or customer.
1. All uses designated under Category 1.

SECTION 5. Board of Alderman Action.
a. The Mayor and Board of Alderman may declare a water shortage emergency irrespective of whether the water supply has reached Water Shortage Emergency Status 1 or 2, and designate prohibited usages.
b. Only the Mayor or Board of Alderman may terminate or modify a water shortage emergency declared by the Mayor or Board of Alderman.
c. Any water shortage emergency described by the Mayor or Board of Alderman shall continue until the next meeting of the Mayor and Board of Alderman. Such meeting may be a called meeting for this purpose. If the Board of Alderman does not take action to terminate the water shortage emergency, the same shall continue in full force and effect. The Mayor or the Board of Alderman may terminate or modify any limitations on non-essential use of water.

SECTION 6. Upon the declaration of the existence of a water shortage emergency by the Mayor or his designee, the Mayor or designee shall notify the local media and furnish detailed information concerning the existence of the water shortage emergence and all prohibited uses. In addition, a legal notice shall be published once per week in any local newspapers, informing the public of the water shortage emergency and any prohibition concerning the non-essential uses. Every practical effort shall be made to keep the water-using public informed of conditions during any declared water shortage emergency.

SECTION 7.
a. Any failure of a customer to comply with the requirements of a declared water shortage may be reported to any official of the system and shall immediately be investigated by the mayor or his designated agency. If non-compliance is found to exist, the official shall request immediate compliance by the customer. Should the customer fail or refuse to immediately comply with the request, the system shall immediately discontinue water service to the customer in question.
b. Any customer whose service is disconnected because of a failure to comply with the requirements of a declared water shortage emergency shall have the right, after the first such disconnection, to have service reinstated upon payment to the system of its customary re-connection charge and upon execution of a written statement that the customer will comply with the requirements of the declared emergency. If service is disconnected because of a subsequent failure to comply, such customer shall have the right to reinstatement of service only after approval of the Mayor and Board of Alderman and subject to such terms and conditions as the Mayor and Board of Alderman shall impose.
c. The decision of the Mayor or his designee may be appealed for a hearing to the Board of Alderman. The disconnection shall remain in effect until the appeal is heard. A hearing shall be conducted within seventy-two (72) hours of the time the request for the hearing is made by the customer. In the event a hearing is not conducted within the seventy-two (72) hours, service shall be reinstated until the hearing is conducted. All requests for a hearing shall be made to the Mayor and Board of Alderman.

SECTION 8. That this Resolution shall take effect from and after its adoption, the general welfare of the system requiring it.