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12082018 International Energy Conservation Code ORDINANCE NO. 1208 AN ORDINANCE ADOPTING THE INTERNATIONAL ENERGY CONSERVATION CODE, 2018 EDITION, REGULATING THE DESIGN OF BUILDING ENVELOPES FOR ADEQUATE THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER - HEATING AND ILLUMINATION SYSTEMS AND EQUIPMENT IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance governing the design of building envelopes for adequate thermal resistance and low air leakage and the design of mechanical electrical, service water - heating and illumination systems and equipment, in order to protect the health, safety and welfare of the citizens of the City of Southlake. WHEREAS, beginning in the spring of 2018, NCTCOG's Regional Codes Coordinating Committee (RCCC) and its five advisory boards conducted open review meetings over a one-year period to review the 2018 editions of the International Codes and to develop regional amendments. Their review and recommendations were completed and endorsed by NCTCOG's Executive Board in September 27, 2018. Now NCTCOG encourages jurisdictions in North Central Texas to adopt the 2018 International Energy Conservation Code along with its respective regional amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 Adoption That the International Energy Conservation Code, 2018 Edition, published by the International Code Council, including the standards referenced therein, is hereby adopted as the Energy Conservation Code of the City of Southlake regulating the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water -heating and illumination systems and equipment in the City of Southlake. A True and correct copy of this document is referenced in Exhibit "A." Section 2 Amendments That the 2018 International Energy Conservation Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance. The City of Southlake, Texas may from time to time determine that additional local modifications to the Energy Conservation Code are necessary and appropriate to meet the unique needs of the City of Southlake, Texas. To effectuate these local modifications, the City Council shall enact individual ordinances amending this Ordinance, fully setting forth the change to be made in the Energy Conservation Code. These amendments shall be consolidated as Exhibit "B" to this Ordinance. Section 3 Recording The material contained in Exhibits "A" and "B" to this ordinance shall not be included in the formal municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary and/or the office of Building Inspections and will be available for public inspection and copying during regular business hours. Section 4 Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 5 Severability 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, and 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 6 Penalty 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 not more than Two Thousand Dollars ($ 2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate offense. Section 7 Saving Clause All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation of the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical service water -heating and illumination systems and equipment within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all 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 Publication The City Secretary of the City of Southlake 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. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10 Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law but not before May 1, 2019. APPROVED ON FIRST READING THIS 2 DAY OF APRIL, 2019. r MAYOR -Co CITY SECRETARY APPROVED ON SECOND READING THIS 16 DAY OF APRIL, 2019. MAYOR \\111111111/// �PKE, EST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY PUBLISHED: "I(lgl(A EFFECTIVE: q Iv�'S EXHIBIT A 2018 International Energy Conservation Code Complete Edition Located in the Building Inspections Office 1400 Main St., Suite 250 City of Southlake, Texas 76092 EXHIBIT B Amendments to the 2018 International Energy Conservation Code The following sections, paragraphs, and sentences of the 2018 International Energy Conservation Code (IECC) are hereby amended as follows: Standard type is text from the IECC. Underlined type is text inserted. A double (**) asterisk at the beginning of a section identifies an amendment carried over from the 2015 edition of the code and a triple (***) asterisk identifies a new or revised amendment with the 2018 code. Section numbers in parenthesis represent the corresponding numbers of the energy provisions of the 2018 International Residential Code for parallel amendments. **Section C102/R102; add Section C102.1.2 and R102.1.2 to read as follows: C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energv efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of enerov code eouivalencv shall be considered in compliance. R102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2 -family dwelling shall be tested for air and duct leakage as prescribed in Section R402.4.1.2 (N1102.4.1.2) and R403.3.3 (N1103.3.3) respectively. (Reason: This amendment is added to allow alternative compliance in accordance with Texas HB 1365, 78th Legislature. Codified in Chapter 388 Texas Building Energy Performance Standards: §388.003(1). The last sentence to Section R102.1.2 was added to insure that every house is tested in accordance with the mandatory provisions of the code.) **Section R202; add the following definition: DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change its performance properties, including U -factor, solar heat gain coefficient (SHGC), or visible transmittance (VT) (Reason: This term is referenced in Section R402.3.2. This definition of DYMANIC GLAZING is also found in the Commercial provisions of the code.) **Section R202 Definitions; add the following definition: PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device. (Reason: The amendment to Section 402.3.2 Glazed fenestration SHGC was proposed by the TAB and ESL determined the proposal to be not less restrictive than the 2015 IECC. This added definition is necessary as part of that amendment. The amendment will provide additional options for SHGC selection.) ***Table 402.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT; the Fenestration U -factor for Climate Zone 3 is amended as follows: 2 CLIMATE ZONE FENESTRATION U -FACTOR 3 0-.320.35 (Reason. Carries forward the value in the 2015 IECC.) 'Table 402.1.4 EQUIVALENT U -FACTORS; the Fenestration U -factor for Climate Zone 3 is amended as follows: CLIMATE ZONE FENESTRATION U -FACTOR 3 0-.320.35 (Reason: Carries forward the value in the 2015 IECC.) 'Section R402.3.2 Glazed fenestration SHGC; amend by adding a paragraph and table following the exception to read as follows: Where vertical fenestration is shaded by an overhang, eave, or permanently attached shading device, the SHGC required in Table R402.1.2 shall be reduced by using the multipliers in Table R402.3.2 SHGC Multipliers for Permanent Projections. Table R402.3.2 SHGC Multipliers for Permanent Projections a Projection Factor SHGC Multiplier all Other Orientation SHGC Multiplier North Oriented 0-0.10 1.00 1.00 >0.10 - 0.20 0.91 0.95 >0.20 - 0.30 0.82 0.91 >0.30 - 0.40 0.74 0.87 >0.40 - 0.50 0.67 1 0.84 >0.50 - 0.60 0.61 0.81 >0.60 - 0.70 0.56 0.78 >0.70 - 0.80 0.51 0.76 >0.80 - 0.90 0.47 0.75 >0.90 -1.00 0.44 0.73 I North oriented means within 45 degrees of true north. (Reason: The amendment to Section 402.3.2 Glazed fenestration SHGC was proposed by the TAB and ESL determined the proposal to be not less restrictive than the 2009 and 2015 IECC. This added definition is necessary as part of that amendment. The amendment will provide additional options for SHGC selection.) *'k'k Section R402.4 Air leakage (Mandatory); add a new section to read as follows: R402.4.1.4 Testing options for R2 multifamily dwelling units. As an option to the air leakage rate set out in Section R402.4.1.2, multifamily dwelling units will be considered compliant when tested and verified as having an air leakage rate to the air leakage rate set out in either Section R402.4.1.4.1 or Section R402.4.1.4.2 when tested and reported in accordance with the testing standards and reporting criteria listed in Section R402.4.1.2 R402.4.1.4.1 Total air leakage rate for interior multifamily dwelling units. Interior multifamily dwelling units with a measured, "unguarded" total air leakage result of 5.3 ACH50 or less shall be considered compliant. 7 R402.4.1.4.2 Total air leakage rate for corner multifamily dwelling units. Corner multifamily units with a measured, "unguarded" total leakage result of less than 5.0 ACH50 shall be considered compliant. (Reason: The Mandatory Section R402.4 Air Leakage of the 2015 IECC requires that the building thermal envelope be tested and verified in accordance with R402.4.1.2. Measuring air leakage for multifamily buildings or dwelling units using an air leakage to outside test (i.e. guarded) can be costly and time prohibitive. This is because in order to isolate leakage only through the building thermal envelope, all leakage to adjacent units through adiabatic surfaces must be pressure neutralized. The methodology below therefore allows for the use of total air leakage testing for multifamily dwelling units that includes air leakage to the exterior and to adjacent units (i.e. unguarded) to show compliance with R402.4.1.2. This increases the flexibility of the code without affecting stringency. This methodology has been approved for use by ESL, and the methodology applies only to jurisdictions in the NCTCOG area.) *** Section R402.4 Air leakage (Mandatory); add a new section to read as follows: R402.4.1.5 Sampling options for R2 multifamily dwelling units. For buildings having three or more dwelling units, a minimum of 15% of the dwelling units in each building must be tested as required by Section R402.4.1.2. Prior to beginning sampling for testing, "Initial Testing" is required for each multifamily property. "Initial Testing" shall consist of the 3rd party testing contractor performing the required tests on at least three consecutive dwelling units. Test results from the "Initial Testing" must satisfy minimum code requirements before sampling is permitted. Dwelling units selected for the "Initial Testing" must be within the same building. Dwelling units selected for "Initial Testing" shall not be included in a "sample group" or counted toward the minimum 15% of dwelling units tested. The building official shall randomly select the three dwelling units for "Initial Testing." The building official may delegate the random selection to the designated 3rd party testing contractor. R402.4.1.5.1 Sample group Identification and Sampling. The builder shall identify a "sample group" which may be a building, floor, fire area or portion thereof. All of the dwelling units within the "sample group" must be at the same stage of construction and must be ready for testing. The building official shall randomly select at least 15% of dwelling units from each "sample group" for testing. The building official may delegate the random selection to the designated 3rd party testing contractor. If each tested dwelling unit within a "sample group" meets the minimum code requirements, then all dwelling units in the "sample group" are considered to meet the minimum code requirements. Before a building may be deemed compliant with the testing as required, each "sample group" must be deemed compliant with the minimum code requirements. The sum total of all of the tested dwelling units across all "sample groups" shall not be less than a minimum of 15% of the dwelling units in a building. R402.4.1.5.2 Failure to Meet Code Requirement(s). If any dwelling units within the identified "sample group" fail to meet a code requirement as determined by testing, the builder will be directed to correct the cause(s) of failure, and 30% of the remaining dwelling units in the "sample group" will be randomly selected for testing by the building official, or third -party testing contractor, regarding the specific cause(s) of failure. If any failures occur in the additional dwelling units, all remaining dwelling units in the sample group must be individually tested for code compliance. A multifamily property with three failures within a 90 -day period is no longer eligible to use the sampling protocol in that community or project until successfully repeating "Initial Testing." Sampling may be reinstated after at least three consecutive dwelling units are individually verified to meet all code requirements. U A Certificate of Occupancy may not may be issued for any building until testing has been performed and deemed to satisfy the minimum code requirements on the dwelling unit(s) identified for testing. (Reason: For many multifamily (R2 classifications) projects, it is very costly and time consuming to test each dwelling unit for projects where there maybe dozens of dwelling units in each building. Considering that the same tradesman generally constructs a building, it is reasonable to deem that construction practices are consistent and that if a reasonable sampling of units tested pass then all units would pass. These amendments are very similar to other ordinances/policies from Austin and San Antonio.) **Section C402.2.8/R402.2.14; Add Section C402.2.7 and R402.2.14 to read as follows: Section C402.2.8/R402.2.14 Insulation installed in walls. To insure that insulation remains in place, insulation installed in walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing, netting or other equivalent material approved by the building official. (Reason: This will increase the performance of the insulation by ensuring that the insulation stays in place.) **R402.4.1.2 Testing; Add a last paragraph to read as follows: R402.4.1.2 Mandatory testing shall only be performed by individuals that are certified to perform air infiltration testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (Reason: The 2012115 International Residential Code (IRC) and International Energy Conservation Code (IECC) includes enhanced emphasis on envelope infiltration and duct leakage. Significant changes in the residential energy requirements include more frequent requirement of performance testing for leakage. Residential Duct systems must be tested unless all ducts and equipment are located within the conditioned space. Envelope testing is required to demonstrate compliance with maximum allowable leakage rate. This language puts the regulatory authority on notice that the testing requires specialized credentials and establishes a conflict of interest baseline). **R403.3.3 Duct Testing (Mandatory). Add a last paragraph to read as follows: R403.3.3 Mandatory testing shall only be performed by individuals that are certified to perform duct testing leakage testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (Reason: The 2015 International Residential Code (IRC) and International Energy Conservation Code (IECC) includes enhanced emphasis on envelope infiltration and duct leakage. Significant changes in the residential energy requirements include more frequent requirement of performance testing for leakage. Residential Duct systems must be tested unless all ducts and equipment are located within the conditioned space. Envelope testing is required to demonstrate compliance with maximum allowable leakage rate. This language puts the regulatory authority on notice that the testing requires specialized credentials and establishes a conflict of interest baseline). *** Section R403.3 Ducts; add a new section to read as follows: R403.3.4.1 Sampling options for R2 multifamily dwelling units. For buildings having three or more dwelling units, a minimum of 15% of the dwelling units in each building must be tested as required by Section R403.3.3. Prior to beginning sampling for testing, "Initial Testing" is required for each multifamily property. "Initial Testing" shall consist of the 3rd party testing contractor performing the required tests on at least three consecutive dwelling units. Test results from the "Initial Testing" must 9 satisfy minimum code requirements before sampling is permitted. Dwelling units selected for the "Initial Testing" must be within the same building. Dwelling units selected for "Initial Testing" shall not be included in a "sample group" or counted toward the minimum 15% of dwelling units tested. The building official shall randomly select the three dwelling units for "Initial Testing." The building official may delegate the random selection to the designated 3rd party testing contractor. R403.3.4.1.1 Sample group Identification and Sampling. The builder shall identify a "sample group" which may be a building, floor, fire area or portion thereof. All of the dwelling units within the "sample group" must be at the same stage of construction and must be ready for testing. The building official shall randomly select at least 15% of dwelling units from each "sample group" for testing. The building official may delegate the random selection to the designated 3rd party testing contractor. If each tested dwelling unit within a "sample group" meets the minimum code requirements, then ail dwelling units in the "sample group" are considered to meet the minimum code requirements. Before a building may be deemed compliant with the testing as required, each "sample group" must be deemed compliant with the minimum code requirements. The sum total of all of the tested dwelling units across all "sample groups" shall not be less than a minimum of 15% of the dwelling units in a building. R403.3.4.1.2 Failure to Meet Code Requirement(s). If any dwelling units within the identified "sample group" fail to meet a code requirement as determined by testing, the builder will be directed to correct the cause(s) of failure, and 30% of the remaining dwelling units in the "sample group" will be randomly selected for testing by the building official, or third -party testing contractor, regarding the specific cause(s) of failure. If any failures occur in the additional dwelling units, all remaining dwelling units in the sample group must be individually tested for code compliance. A multifamily property with three failures within a 90 -day period is no longer eligible to use the sampling protocol in that community or project until successfully repeating 'Initial Testing." Sampling may be reinstated after at least three consecutive dwelling units are individually verified to meet all code requirements. A Certificate of Occupancy may not may be issued for any building until testing has been performed and deemed to satisfy the minimum code requirements on the dwelling unit(s) identified for testing. (Reason: For many multifamily (R2 classifications) projects, it is very costly and time consuming to test each dwelling unit for projects where there may be dozens of dwelling units in each building. Considering that the same tradesman generally constructs a building, it is reasonable to deem that construction practices are consistent and that if a reasonable sampling of units tested pass then all units would pass. These amendments are very similar to other ordinances/policies from Austin and San Antonio.) ***Section C403.7.4 Energy recovery ventilation systems (Mandatory); add exception #12 to read as follows: 12. Individual ventilation systems that serve an individual dwelling unit or sleeping unit. (Reason: This will clarify the intent of the section without requiring the user or the code official to analyze the numbers in the table. So a ventilation system that serves only an individual dwelling unit or sleeping unit does not require an energy recovery system.) 10 ***Section C403.11.1 Duct and Plenum Insulation and Sealing (Mandatory); is amended by adding a second paragraph to read as follows: C403.11.1 Environmental ducts and plenums installed in vertical chases, both supply and exhaust, where the ducts or plenums will not be accessible after construction completion, shall be leak tested in accordance with the SMACNA HVAC Air Leakage Test Manual to the installed ductwork class and pressure requirements. Documentation shall be furnished demonstrating that representative sections totaling not less than 25 percent of the duct area have been tested and that all tested sections comply with the requirements of this section. (Reason: Ductwork installed in chases is not accessible after construction completion. Leakage in these ducts will increase the energy use of the buildings and systems for the life of the building and reduce the system performance. Since the leakage in the chase enclosed ductwork would be difficult if not impossible to locate and correct, testing at the time of installation would assure that the ducts are properly installed and efficient.) ***Section R404.1; revised in its entirety to read as follows: Section R404.1 Lighting equipment (Mandatory). Not less than 75 percent of the lamps in permanently installed lighting fixtures or not less than 99 75 percent of the permanently installed lighting fixtures shall contain only high -efficacy lamps. (Reason: This retains the 2015 language will allow for more flexibility.) ***Section R405.2; add the exception to read as follows: Section R405.2 Mandatory requirements. Compliance with the section requires that the mandatory provisions identified in Section R401.2 be met. Supply and return ducts not completely inside the building thermal envelope shall be insulated to an R -value of not less than R-6. Exceptions: 1. For one and two family dwellings the maximum envelope leakage of 4 ACH50 is permitted provided the envelope leakage in the Standard Reference Design is 3 ACH50 and all other requirements of Section R405 are met, including all other mandatory measures. The annual energy cost or source energy usage of the Proposed Design must be equal to or less than that of the Standard Reference Design. 2. For multifamily or townhomes and buildings classified as Group R2 and Group R4 of three stories or less the maximum envelope leakage of less than 5 ACH50 is permitted provided the envelope leakage in the Standard Reference Design is 3 ACH50 and all other requirements of Section R405 are met, including all other mandatory measures. The annual energy cost or source energy usage of the Proposed Design must be equal to or less than that of the Standard Reference Design. (Reason: This ACH tradeoff is approved by ESL and will require additional energy efficiencies to be implemented. This tradeoff is incorporated in ESL's IC3 Code Compliance Calculator as the 2015 NCTCOG path in the code drop down menu. Builders using IC3 will receive a code compliant notification if their designs meet the requirements of this tradeoff and all other energy code requirements. Other compliance software products have not incorporated this tradeoff into their compliance reports. Building Officials receiving Section R405 submittals from software other than IC3 may approve a R405 compliance report that designates the building as not in compliance due to noncompliance with the 3 ACH50 envelope leakage mandatory measure, provided the report also states that the envelope leakage is no greater than 4 ACH50 for single family homes. REScheckTM does not have the flexibility to accommodate this tradeoff.) **Section R405.6.2; Specific approval. Add the following sentence to the end of paragraph: 11 R405.6.2 Acceptable performance software simulation tools may include, but are not limited to, REM Rate TM, Energy Gauge and IC3. Other performance software programs accredited by RESNET BESTEST and having the ability to provide a report as outlined in R405.4.2 may also be deemed acceptable performance simulation programs and may be considered by the building official. (Reason: These performance software tools are accredited by RESNET at the time of recommendation.) ***Section C405.9. Voltage drop in feeders; deleted in its entirety. (Reason: There are similar provisions in the NEC where this type of requirement is best managed.) **TABLE R406.4 MAXIMUM ENERGY RATING INDEX; amend to read as follows: TABLE R406.4' MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 65 This table is effective until August 31, 2019 TABLE R406.42 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 63 2 TL. 4. k! :ff—M4,e f...m Con4. hem 1 7!110 f A cf 41 ')WY) TABLE R406.43 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 59 3 TL.:., a.. L. i,. ..ii....a:.... .. ..A... CL.... 1 '1!1'1,7 (Reason: The tables reflect the values and time table set forth in HB 1736.) ***Section C408.3.1 Functional Testing; amend to read as follows: C408.3.1 Functional Testing. Prior to passing final inspection, the registered design professional or approved acrency shall provide evidence that the lighting control systems have been tested to ensure that control hardware and software are calibrated, adjusted, programmed, and in proper working condition in accordance with the construction documents and manufacturer's instructions. Functional testing shall be in accordance with Sections C408.3.1.1 through C408.3.1.3 for the applicable control type. (Reason: The addition of `or approved agency' will make the lighting systems requirements match the mechanical system requirements in C 408.2.1. This will facilitate and add flexibility to the enforcement of the commissioning requirements.) END 12 Star=,Telegram MEDIA Arlington Citizen -Journal I The Yeller Citizen I La Estrella p;31 t'1 e t Mansfield News -Mirror l Star -Telegram Northeast i Weatherford Star -Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102-6315 *** MEMO INVOICE *** Fed ID# 26-2674582 TOTAL AMOUNT E $321.88 SALES REP 1241 ADVERTISER INFORMATION Christine Lopez 11 SILUNG PERIOD 6 BILLED ACCOUNTNUMBER ADVERTISERICUENT NUMBER 2 ADVERnSERICLIENT NAME 04/19/2019 600637 600637 1 CITY OF SOUTHLAKE MAKE CHECKS PAYABLE TO Star -Telegram CITY OF SOUTHLAKE Star -Telegram -Advertising 1400 MAIN ST PO BOX 51847 STE 440 Livonia, MI 48151 SOUTHLAKE, TX 76092-7604 Billing: Contact Sales Rep. Credit: Email ssccreditandcoffertions@mcclatchy.com Payment is due upon receipt. Sa'TM LJ NEWSPAPER11 START STOP REFERENCE 21141 DESCRIPTION L.2i PRODUCT 16 1E BILLED SAU SIZE UNITS U TIMES LJ 19 RUN RATE AMOUNT 04/19 04/19 0004180405 PO # 21900309, PO # 21900309 Telegram 1 x 759 L 759 1 $0.42 $316.88 04/19 04/19 0004180405 PO # 21900309, PO # 21900309 Upsell ST.Com 1 x 759 L 759 1 $0.01 $5.00 D t �► 4 Invoice Total $321.88 Star -Telegram MEDIA Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 *** MEMO INVOICE *** Star -Telegram Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE B. -NG PERIOD 2 1 ADVERTISERICUENT NAME 04/19/2019 CITY OF SOUTHLAKE 3 TOTAL AMOUNT DUE 3 TERMS OF PAYMENT $321.88 Upon Receipt 4 1 PAGE N 5 1 &LUNG DATE 1 04/19/2019 11 NEWSPAPER REFERENCE 0004180405 6 BILLED ACCOUNT NUMBER 600637 ADVERTISERICLIENT NUMBER 600637 �eD i20ko D(� 10.10 (Zb Q� OkD ego-7� 8 D t �► 4 THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. Star -Telegram MEDIA Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 *** MEMO INVOICE *** Star -Telegram Star -Telegram - Advertising PO BOX 51847 Livonia, MI 48151 PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE B. -NG PERIOD 2 1 ADVERTISERICUENT NAME 04/19/2019 CITY OF SOUTHLAKE 3 TOTAL AMOUNT DUE 3 TERMS OF PAYMENT $321.88 Upon Receipt 4 1 PAGE N 5 1 &LUNG DATE 1 04/19/2019 11 NEWSPAPER REFERENCE 0004180405 6 BILLED ACCOUNT NUMBER 600637 ADVERTISERICLIENT NUMBER 600637 Star -Telegram MEDIA Arlington Citizen-:ournal I The Keller Citizen ! La Estrella Mansfield News -Mirror i Star -Telegram Northeast I Weatherford Star-Teiegram star-telegram.com 1 808 Throckmorton St. I Ft Worth, Tx. 76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number I Identification PO I Amount I Cols I Depth 600637 0004180405 ORDINANCE NO. 1208 AN ORDINANCE ADOP PO # 21900309 $321.88 1 759.00 Li Attention: Amy Shelley CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 760927604 --- ------ - - ------ - -- -- THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA., Rid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Insertion(s) Published On: April 19, 2019 'k�L_Z_' (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 19th day of April in the year of 2019 Extra charge for lost or duplicate affidavits. Legal document please do not destroy! STEFANI SCOTT BEARD My Notary ID # 131763951 TrFF+" Expires October 23, 2022 t !s THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA., Rid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Insertion(s) Published On: April 19, 2019 'k�L_Z_' (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 19th day of April in the year of 2019 Extra charge for lost or duplicate affidavits. Legal document please do not destroy! ORDINANCE NO. 1208 AN ORDINANCE ADOPTING THE INTERNATIONAL ENERGY CON- SERVATION CODE, 2018 EDI- TION, REGULATING THE DE- SIGN OF BUILDING ENVELOPES FOR ADEQUATE THERMAL RE- SISTANCE AND LOW AIR LEAK- AGE AND THE DESIGN AND SE- LECTION OF MECHANICAL, ELECTRICAL, SERVICE WATER - THE CITY OF SOU PROVIDING FOR THE CORDING Of SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION IN THE OFFICIAL. NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of °:this ordinance shall be fined not amore than Two Thousand Dol- rs ($ 2,000.00) for all viola - ons involving zoning, fire safe - or public health and samta- on, including dumping or re - se, and shall be fined not e than five hundred dollars 500) for all other violations of is ordinance each day that a �rlolation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO.1209 AN ORDINANCE ADOPTING THE INTERNATIONAL BUILDING CODE, 2018 EDITION, REGU- LATING THE ERECTION, CON- STRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOV- ING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUC- TURES. EXCEPT ONE- AND AL ELECTRICAL CODE AS REF- ERENCED HEREIN, IN THE CITY FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PRO- VIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RE- CORD: PROVIDING THAT THIS INGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 1210 AN ORDINANCE ADOPTtN( INTERNATIONAL RESIDE CODE, 2018 EDITION FOP AND TWO-FAMILY D INGS, REGULATING THE TION, CONSTRUCTION, LARGEMENT, ALTERATIC PAIR, MOVING, REM DEMOLITION, CONVEI OCCUPANCY, EQUIPMEN' HEIGHT, AREA AND M4 NANCE OF ALL ONE- TWO -FAMILY DWELLING MULTIPLE SINGLE -F DWELLINGS (TOWNHOi IN THE CITY OF SOUTi PROVIDING FOR THE TION OF LOCAL AMENDf THERETO; PROVIDING F( CORDING OF SUCH COD( PUBLIC RECORD; PRO' THAT THIS ORDINANCE BE CUMULATIVE OF ALL NANCES; PROVIDING i PENALTY FOR VIOL HEREOF; PROVIDINE SEVERABILITY CLAUSE VIDING A SAVINGS CI ING FOR PUBLICATION iN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMEND- ING CHAPTER 15, ARTICLE 111, "FIRE CODE" OF THE CODE OF s ORDINANCES OF THE CITY OF SOUTHLAKE TEXAS BY ADOPTING fHE 2018 EDITION OF THE INTERNATIONAL FIRE CODE; REPEALING ORDINANCE NUMBER 1144 AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PRESCRIBING REG- ULATIONS GOVERNING CONDI- AND r0; PRO - CLAUSE; ULATIVE JG A E; PRO - PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. SECTION 2. PENALTY. ANY PERSON, FIRM OR CORPO- RATION WHO VIOLATES, DISO- BEYS, OMITS, NEGLECTS OR REFUSES TO COMPLY WITH OR WHO RESISTS THE ENFORCE- MENT OF ANY OF THE PROVI- SIONS OF THIS ORDINANCE SHALL BE FINED NOT MORE THAN TWO THOUSAND DOL- LARS ($2,000.00) FOR ALL VIO- LATIONS INVOLVING ZONING, FIRE SAFETY OR PUBLIC HEALTH AND SANITATION, IN- CLUDING DUMPING OR RE- FUSE, AND SHALL BE FINED NOT MORE THAN FIVE HUN- DRED DOLLARS ($500) FOR ALL OTHER VIOLATIONS OF P(14 -S A nUbliC n0 THIS ORDINANCE. EACH DAY THAT A VIOLATION IS PERMIT- TED TO EXIST SHALL CONSTI- TUTE A SEPARATE OFFENSE, ORDINANCE NO. 1212 AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 2018 EDITION, REGU- LATING THE ERECTION, IN- STALLATION, ALTERATION, REPAIRS, RELOCATION, RE- PLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEM IN THE CITY OF SOUTHLAKE; PROVID- ING FOR THE ADOPTION OF LO- CAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE.; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation Is permitted to exist shall constitute a separate of- fense. ORDINANCE NO.1213 AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2018 EDITION, REGU- LATING THE DESIGN, INSTAL- LATION, MAINTENANCE, AL- TERATION AND INSPECTION OF PERMANENT MECHANICAL SYSTEMS EXCEPT ONE- AND TWO-FAMILY DWELLINGS AND MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES), IN THE CITY OF SOUTHLAKE; CODE AS A PROVIDING NCE SHALL ' ALL ORDI- JG FOR A /IOLATIONS DING A ,USE; PRO- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, Including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. AN o THE GAS REGU- FUEL GAS APPLIANCES, GAS- EOUS HYDROGEN SYSTEM AND RELATED ACCESSORIES EXCEPT ONE- AND TWO- FAMILY DWELLINGS AND MUL- TIPLE SINGLE-FAMILY DWELL- INGS (TOWNHOUSES). IN THE CITY OF SOUTHLAKE; PROVID- ING FOR THE ADOPTION OF LO- CAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVID- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not larse($han Two 2,00000)Tfor aildviola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 1215 AN ORDINANCE ADOPTING THE N OF EXISTING BUIL 'EPT ONE- AND TW )WELLINGS AND MI. NGLE-FAMILY DWEI )WNHOUSES), IN TI SOUTHLAKE' PROVI THE ADOPTIbN OF L ENDMENTS THEREi NG FOR RECORDII 4 CODE AS A PUBI DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 1216 AN ORDINANCE ADOPTING THE INTERNATIONALSWIMMING TION RE8 ED- GULATING THEICON- GTRUCTION. ALTERATION, OR F SPAS IN RECORDING OF AS A PUBLIC RE- inINr, THAT THIS - FREW AFK"2419 •r. LATIVE OF ALL ORDINANCES; PROVIDING FOR A PFNai TV A CATION IN THE OFF NEWSPAPER; AND PROM AN EFFECTIVE DATE. Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more .than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita- tion, including dumping or re- fuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate of - AN ORDINANCE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 ED- ITION REGULATING ALL EXIST- ING RESIDENTIAL AND NON- RESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES; PROVIDING FOR THE ADOP- TION OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RE- CORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION PROVIDING AN EFFECTIVE DATE. Section 5 Penalty Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforce. ment of any of the provisions of this ordinance shall be fined not more than Two Thousand Dol- lars ($ 2,000.00) for all viola- tions involving zoning, fire safe- ty or public health and sanita. tion, including dumping or re- fuse, and shall be fined not uiu uruinance earn aay that a violation is permitted to exist shall constitute a separate of- fense. ORDINANCE NO. 480-758 V ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED THE COMPREHENSIVE ZONR ORDINANCE OF THE CiTY OF SOUTHLAKE TEXAS; GRANT- ING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LE- GALLY DESCRIBED AS 1R AND 2R, BLOCK 1, BAKER ESTATES ADDITION, CITY OF SOUTHLAKE, TARRANT COUN- TY, TEXAS, BEING APPROXI- MATELY 9.80 ACRES, AND MORE FULLY AND COMPLETE- LY DESCRIBED IN EXHIBIT "A" FROM "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT AND "RE -5", RESIDENTIAL ESTATE DISTRICT TO "R -PUD" RESI- DENTIAL PLANNED UNIT DE- VELOPMENT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE- DETER- MINING THAT THE P613LIC IN - AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVID- ING A SEVERABILR7 CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this ordinance shall be fined not more than Two Hundred Dollars ($2000.00) for each offense. Each day that a violation isper mitted to exist shall constitute a Separate offense. ING THE WATER CONSERVA- TION PLAN FOR THE CITY OF CERTAIN WATER USES; ES- TABLISHING REQUIREMENTS FOR IRRIGATION SYSTEMS; ESTABLISHING BEST MAN- AGEMENT PRACTICES; ES- TABLISHING PENALTIES FOR THE VIOLATION OF AND PRO- VISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ES- TABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. SECTION 2 Violations and Penalties (a) A person commlts an offense if the causeseoropermits mase ofawa- ter contrary to the measures Implemented by the City Man- ager as prescribed in the Plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or per- mitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consis- tent with the terms of Section 1 and: (1) the manner of use has been prohibited by the Plan; or (2) the amount of water used ex- ceeds that allowed by the Plan; or (3) the manner or amount used vi- olates the terms and conditions of a compliance agreement made pursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, diso- beys, omits, neglects or refuses to comply with a measure im- plemented in accordance with this ordinance and the Plan shall be fined not more than two thousand dollars ($2,000.00) for each offense. In addition, the following penalties shall apply: (1) If a person 1s convicted of vio- lating, disobeying, omitting, ne- glecting or refusing to comply with a measure implemented in accordance with this section and the drnunht the City may issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty -four-hour period; and (2) If a person is convicted of vio- lating, disobeying, omitting, ne- glecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan three times, the City may discontinue water service to the premises where the violation occurred. FRIDAY APK"ZQ19 ORDAN ORDINAN EC OF THE CITY OF SOUTHLAKE, TEXAS, AMEND- ING _THE DROUGHT CONTIN C BLISHING CRITERIA FOR INITIATION_AND TERMI- WATER DELIVERYv `LIMP TIONS AND COMPLIANCE WI THE CITY OF FORT WORTI CDONTIN ENCY/ERGEN, WATER AAAK 1: 11 ni UN CERTAIN WATER TABLISHING PENAL THE VIOLATION OF VISIONS FOR ENFC OF THESE RESTRICT TABLISHINr prznrGn AND AND NGS DATE. - .... �.. SECTION 2 Violations and Penalties (a) A person commits an offense if the Person knowingly makes, causes or permits a use of wa- ter contrary to the measures implemented by the City Man- ager as prescribed in the Plan.. For purposes of this subsection, it is presumed that a person has knowingly made, caused or per- mitteda use of water contrary to the measures implemented if the mandatory measures have been formally ordered consis- tent with the terms of Section 1 and: (1) the manner of use has been (2)prohibited am amount ofewater used ex- ceeds that allowed by the Plan; or (3) the manner or amount used vi- olates the terms and conditions Of a Compliance agreement made pursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, diso. beys, omits, neglects or refuses to Comply with a measure im- plemented in accordance with this ordinance and the Plan shall be fined not more than two thousand dollars ($2,000.00)for each offense, In addition, the following penalties shall apply: (1) If a person is convicted of vio- lating, disobeying, omitting, ne- glecting or refusing -to comply with a measure implemented in accordance with this section contingency/emergency nd eought management plan two times, the City may Issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty -four-hour period; and (2) If a person is convictedof vio lating, disobeying, omitting, ne- glecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan three times, the City may discontinue water service to the premises where the PASSEDoANDnAPPROVED on the 2nd reading ON THE 16TH DAY OF APRIL 2019, MAYOR: LAURA HILL ATTEST: AMY SHELLEY, CITY SECRETARY