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Item 4I - Memo and ResolutionCITY OF SOUTHLAKE MEMORANDUM February 26, 2021 To: Shana Yelverton, City Manager From: Daniel Cortez, Director of Economic Development & Tourism Subject: Item 41: Resolution No. 21-010, Approving a Resolution of the City of Southlake, Texas to the Texas State Legislature in Support of Legislation that Prohibits Utility Providers from Selectively Turning Off Power or Natural Gas Supply to Critical Public Infrastructure Such as Municipal Emergency Response Buildings, Regional Water Districts, Water Treatment Plants, and Sewer Lift Stations. Action Requested: Approval of Resolution 21-010, approving the support of state legislation that prohibits utility providers from selectively turning off power or natural gas supply to critical public infrastructure. Background Information: In the early morning hours of February 15, 2021 the City of Southlake, along with most other communities across the state of Texas experienced what was referred to by public utility companies as "rolling blackouts" which continued largely until the end of the week on February 19th and resulted in long-term power outages lasting several days. While city buildings specifically did not experience any power outages, parts of the City's critical infrastructure did. Due to loss of power, several of the City's infrastructure systems such as the City's supervisory control and data acquisition (SCADA) systems went offline which required City crews to manually inspect sanitary sewer lift stations, water pumps and towers. In addition to the emergency manual operation of infrastructure systems, city crews experienced various equipment challenges due to the low temperatures and the extended periods of power loss made it difficult to keep infrastructure equipment functioning. In addition to these local challenges, the City and its residents were impacted further by regional challenges due to the loss of power and its effects on the water distribution system from the City of Fort Worth that feeds water into the City of Southlake. These challenges resulted in the City having insufficient water for its residents or even emergency operations, such as fire services, and a boil water notice that lasted five days. Resolution 20-041, if approved, is to support legislation in the Texas Legislature to immediately pass legislation that would prohibit ERCOT, ONCOR, TriCounty Electric Cooperative, Atmos Energy or any other electric or natural gas service provider from discontinuing service to critical municipal, water, and sewer infrastructure. Financial Considerations: None Strategic Link: This item is specifically linked to the City's Strategy Map through 132: Collaborate with select partners to implement service solutions Citizen Input/ Board Review: None required Legal Review: The City Attorney has prepared the proposed resolution for consideration by the City Council Alternatives: Deny the resolution which would result in the City of Southlake taking no formal position on legislation that could be drafted by the Texas State Legislature. Supporting Documents: Resolution No. 21-010 Staff Contact: Daniel Cortez (817) 748-8039 RESOLUTION NO. 21-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, TO THE TEXAS STATE LEGISLATURE IN SUPPORT OF LEGISLATION THAT PROHIBITS UTILITY PROVIDERS FROM SELECTIVELY TURNING OFF POWER OR NATURAL GAS SUPPLY TO CRITICAL PUBLIC INFRASTRUCTURE SUCH AS MUNICIPAL EMERGENCY RESPONSE BUILDINGS, REGIONAL WATER DISTRICTS, WATER TREATMENT PLANTS, AND SEWER LIFT STATIONS. WHEREAS, the City of Southlake, Texas ("City") recognizes the importance of protecting the infrastructure that generates and delivers power to homes and businesses in Texas, which may from time to time require the implementation of rolling blackouts across the region and/or the State; and, WHEREAS, the City also recognizes the importance of maintaining public health and safety to the community it serves, which simply cannot happen without the provision of safe drinking water and adequate sanitary sewer services; and, WHEREAS, the City wishes to express its disbelief and disappointment that the Energy Reliability Council of Texas (hereinafter referred to as "ERCOT"), ONCOR Electric Delivery (hereinafter referred to as "ONCOR"), or any other service provider would so much as consider discontinuing electric service to critical water and sewer infrastructure during a global pandemic, particularly when proper hygiene has proven to be one of the most effective methods of preventing the spread of a deadly virus; and, WHEREAS, the City is acutely aware that many of the water suppliers that serve the Dallas Fort Worth area were forced to issue Boil Water Notices as a result of an interruption in electric or other utility service; and, WHEREAS, the City recognizes that almost all of the methods of communicating the need to boil water prior to using it for hygiene or consumption require access to electricity and that boiling water also requires access to electricity or natural gas; and, WHEREAS, the City wishes to request the passage of legislation that prohibits ERCOT, ONCOR, or any other utility service provider from interrupting or discontinuing electric or essential utility service to critical water and sewer infrastructure as a means of reducing load on the system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That That the Texas Legislature immediately pass legislation that prohibits ERCOT, ONCOR, or any other electric or critical utility service provider from discontinuing service to critical water and sewer infrastructure. the findings set forth in this Resolution are hereby in all things approved. Section 2. That the City Manager is hereby authorized and directed to make this Resolution available to all members of the Senate and House of Representatives on behalf of the City of Southlake, Texas. Section 3. The resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this day of , 2021. ATTEST: CITY SECRETARY MAYOR APPROVED AS TO FORM: CITY ATTORNEY