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0662-D OFFICIAL RECORD ORDINANCE NO. 662-D AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE DROUGHT CONTINGENCY / EMERGENCY WATER MANAGEMENT PLAN FOR THE CITY OF SOUTHLAKE, TEXAS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES FOR LOCAL WATER DELIVERY LIMITATIONS AND COMPLIANCE WITH THE CITY OF FORT WORTH'S DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to Title 30, Texas Administrative Code (TAC), Chapter 288 - Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements effective on October 7th, 2004; and WHEREAS, the City entered into a Contract for Water Service with the City of Fort Worth on September 4th, 2002 to purchase treated water of potable quality and Section 2.3 of this Contract requires the City of Southlake, to institute and apply the same rationing, conservation measures, or restrictions to the use of water as Fort Worth in the event the City of Fort Worth implements such water conservation measures; and WHEREAS, the City of Southlake recognizes that there are local water system limitations which may require the City of Southlake to implement conservation or restriction measures based on these local limitations, and WHEREAS, as authorized under law, and in the best interests of the citizens of Southlake, the City Council deems it expedient and necessary to amend the existing regulations and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 Emergency Authority (a) Purpose and scope. The purpose of this ordinance is to establish the city's policy in the event of shortages or delivery limitations in the City's water supply and to establish water restrictions to be enforced in case of drought or emergency conditions. This Ordinance applies to all persons and premises within the City using water from the City's water system. (b) Drought Contingency / Emergency Water Management Plan. The City of Southlake, Texas, hereby adopts amendments to the Drought Contingency / Emergency Water Management Plan, (the "Plan"), as contained in Exhibit "A", attached hereto. SECTION 2 Violations and Penalties (a) A person commits an offense if the person knowingly makes, causes or permits a use of water contrary to the measures implemented by the City Manager as prescribed in the Plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent 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 exceeds that allowed by the Plan; or (3) the manner or amount used violates 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, disobeys, omits, neglects or refuses to comply with a measure implemented 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 violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water 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 convicted of violating, disobeying, omitting, neglecting 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. SECTION 3 Authority Under Other Laws Nothing in this Ordinance shall be construed to limit the authority of the Mayor, the City Council or the City Manager to seek emergency relief under the provisions of any state or federal disaster relief act. 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. Ordinance No. 662-C is hereby repealed. SECTION 5 Savings Clause 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 Publication Clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake, Texas. SECTION 7 Severability Clause All rights and remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 662-C or any other ordinances affecting 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 Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 7TH_ DAY OFAPRIL, 2009. fAayeF mQy~- °%%00VTH°L qA- ATTEST: ; ' • • _ • o City Secretary PASSED AND APPROVED ON SECOND READING ON THIS 21ST DAY OF APRIL, 2009. C 4r - ATTEST: ~,,,,,n►►► ► moo,,.®°8•,, ~`c ~o City Secretary o • AP O V D T R LEGALITY: 71 -,7 City Attorney Date: 5-5- 09 Adopted: ~ ~-M Effective: u-20.0q EXHIBIT "A" DROUGHT CONTINGENCY / EMERGENCY WATER MANAGEMENT PLAN March 2009 EXHIBIT "A" Drought Contingency / Emergency Water Management Plan 1 Drought Contingency l Emergency Water Management Plan This Drought Contingency / Emergency Water Management Plan (subsequently referred to as the Plan) outlines the triggers and actions associated with each of the respective water management stages. These stages are: • Stage 1 - Water Watch • Stage 2 - Water Warning • Stage 3 - Emergency Water Use Management These stages can be triggered by supply, distribution system, and treatment system constraints. They can also be triggered by the City of Fort Worth or Fort Worth's wholesale water provider, Tarrant Regional Water District (TRWD). The purpose of this Drought Contingency and Emergency Management Plan is as follows: • To conserve the available water supply in times of drought and emergency • To manage supplies for domestic water use, sanitation, and fire protection • To protect and preserve the public health, welfare and safety • To minimize the adverse impacts of water supply shortages • To minimize the adverse impacts of emergency water supply conditions 1.1 Texas Commission On Environmental Quality (TCEQ) Requirements TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.12 (4) defines drought contingency plan as "a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies." TCEQ rules governing development of and minimum requirements for drought contingency plans for municipal water suppliers and wholesale water suppliers 1 are contained in the Texas Administrative code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively. 1.2 Monitoring Information for the Plan System demands are currently monitored on a daily basis by the production staff of the City of Fort Worth and the City of Southlake Water Department. In addition, temperature and rainfall data are recorded by the National Weather Service. The Cities analyze this data to determine when implementation or termination of a stage is appropriate. 1.3 How the Plan is Initiated and Terminated The Public Works Director or his/her designee is responsible for initiating and terminating the respective stages of the Plan. The City will provide notice that a stage has been initiated or terminated and that appropriate actions are required as follows: • Public announcement to the news media; • Publication on the City's website; • Publication in a newspaper of general circulation; and • Notification of all relevant state agencies. Stages initiated by TRWD or the City of Fort Worth will be initiated in the same manner described above by the City of Southlake. The plan may be applied to the entire city or geographic portions of the city as necessary. If the plan is applied only to a portion of the city, the boundaries will be defined in terms of roadways, creeks and other easily distinguishable features. 1.4 Main Components of the Plan 1.4.1 Schedule of Watering The City has set voluntary schedule of watering guidelines as outlined in Table 1 below. These guidelines become mandatory if Stage 1 or Stage 2 is implemented. The prohibition of watering between the hours of 10 a.m. to 6 p.m. remains in place year-round, regardless of the stage. 2 Table 1: Schedule of Watering Stage 1 Property Designation Watering Days Residential addresses ending in an even number (0,2,4,6,or 8) Wednesday and Saturday Residential addresses ending in an odd number (1,3,5,7,or 9) Thursday and Sunday All non-residential locations (apartments, businesses, industries, HOA's, parks, medians, etc.) regardless of address Tuesday and Friday Stage 2 Property Designation Watering Days Residential addresses ending in an even number (0,2,4,6,or 8) Wednesday Residential addresses ending in an odd number (1,3,5,7,or 9) Thursday All non-residential locations (apartments, businesses, industries, HOA's, parks, medians, etc.) regardless of address Tuesday No watering will be allowed on Monday under either schedule. These restrictions also apply to government facilities. 1.4.2 Public Involvement/Education The Plan is presented to the public in a City Council workshop prior to first reading and a public hearing is included at the second reading of the ordinance. Southlake will inform and educate the public about the Drought Contingency/Emergency Water Management Plan by the following means: • Preparing fact sheet describing the plan and making these available online and at various city sites. • Posting a copy of the Plan on the city's website. 3 At any time that the Plan is activated or the stages change, customers will be notified via the local media, the city's website and other means as deemed necessary. 1,4.3 System Information - Baseline for Water Management Stage Triggers The City of Southlake purchases all of its treated water from the City of Fort Worth which in turn purchases water from the Tarrant Regional Water District (TRWD). This water is from four major sources, as seen in Figure 1.1. • The West Fork of Trinity River via Lake Worth, Eagle Mountain Lake, and Lake Bridgeport; • Clear Fork of the Trinity River via Lake Benbrook (A pipeline connects Lake Benbrook to the Rolling Hills Water Treatment Plant to supplement supply to that plant. A pump station on the Clear Fork of the Trinity River also supplies the Holly Water Treatment Plant.); • Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth; and • Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth. Figure 1. 1. Tarrant Regional Wafer District Supply Sources. Law min take A Li1~gYeA1~ s Cedar Creek Reservoir - rRWD Wolof S ,poly 5a rc@s RRichland eserv ~C tubers 20 • 20 MINs 4 System capacity with regards to the defined triggers in Section 1.5 for the City of Fort Worth are defined in the following table. The system capacity baseline for triggers is 460 million gallons per day (mgd). This trigger number will be evaluated each year to take into consideration improvements that may have been added to the system. Updating the information in the following tables does not require adoption of a new plan by the Fort Worth and/or Southlake City Councils. Treatment Plant Design Capacity Reliable Delivery MGD Capacity MGD Rollin Hills, est. 1972 200 190 North Holly, est. 1913 80 75 South Holly, est. 1952 100 95 Eagle Mountain, est. 1992 105 100 Total 485 460 (updated May 13, 2008) The system capacity for the City of Southlake with regards to the defined triggers in Section 1.5 consists of the components in the following tables: Ground Storage Elevated Storage Elevated Storage (SERVING BOTH PRESSURE (HIGH PRESSURE PLANE) (LOW PRESSURE PLANE) PLANES 2 @ 5 MG (PUMP STA. #1) 1 @ 1.5 MG (FLORENCE) 3 @ 1.5 MG (PARK, DOVE, MIRON Pump Capacity - High Pressure Plane Pump Capacity - Low Pressure Plane 3 2,250 Gallons Per Minute 4 3,472 Gallon Per Minute 1.4.4 Utilization of Alternate Water Sources The City of Southlake has two delivery points from the City of Fort Worth but does not but does not have another source of treated water. The Fort Worth Water System does not have alternate water sources outside its current reservoirs. The City of Fort Worth does not have alternative external delivery mechanisms, and does have the ability to distribute water throughout its system from any of its treatment plants. 5 1.5 Drought and Emergency Water Management Stages 1.5.1 Stage 1 - Water Watch 1.5.1.1 Initiation This stage is activated by the Director of Public Works if there is a water system failure including pumping equipment, supply lines, distribution lines, power failure, or storage facilities, or: • The tank level in the three (3) elevated tanks of the low pressure plane fall below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three (3) consecutive days. • The tank level in the single elevated tank in the high pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three (3) consecutive days. Or the City of Fort Worth activates this stage if: • One or more sectors of the City of Fort Worth reaches or exceeds 90% of reliable delivery capacity for three consecutive days. • Fort Worth's water treatment or distribution system becomes contaminated • Fort Worth's water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. • Forth Worth's water supply system is unable to deliver water due to the failure or damage of major water system components. Or the TRWD activates this stage if: • Total raw water supply in TRWD western and eastern division reservoirs drops below 75% (25% depleted) of conservation storage. • Water demand for all or part of the TRWD delivery system exceeds delivery capacity because the delivery system is inadequate. • Water demand is projected to approach the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. • TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. 6 • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 1 drought. 1.5.1.2 Actions by City • When this stage is initiated, the City will further reduce its own water use. The City will prohibit its own use of water for street washing, vehicle washing, operation of ornamental fountains, and all other non-essential uses. • The City will increase public information efforts on water conservation. • The City will increase enforcement efforts. • Intensify leak detection and repair efforts. • An internal working group will analyze the conditions which triggered the stage and will monitor for subsequent stages. • Installation of new landscaping will be discouraged. • Identify and encourage voluntary reduction measures by high volume water users through water use audits. 1.5.1.3 Prohibited Actions (See Exceptions 1.5.1.4) • Watering, except on the schedule of twice a week as outlined in Section 1.4.1 of this plan for Stage 1. • Watering between the hours of 10 a.m. and 6 p.m. • Hosing off paved areas, buildings, or windows other than in preparation to paint. • Actions which create water running into the street, or otherwise waste water, including failure to repair a controllable leak, operating a irrigation system with a broken head, and allowing irrigation systems to spray on to streets, parking lots and other paved surfaces. • Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare. • All users are encouraged to reduce the frequency of draining and refilling swimming pools. • All users are encouraged to use native and adapted drought tolerant plants in landscaping. • Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of hand-held bucket or a hand-held hose equipped with a positive pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial car wash or commercial service station. Companies with an automated on-site vehicle washing facility may 7 wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. 1.5.1.4 Exceptions • Foundations may be watered up to two hours on any day using a handheld hose, soaker hose or drip irrigation system placed within 24-inches of the foundation that does not produce a spray above the ground.. • Newly installed shrubs (first year) and trees (two years) may be watered up to two hours on any day by handheld hose, drip irrigation, a soaker hose or tree bubbler. Tree watering is limited to an area not to exceed the drip line of the tree. • Outdoor watering that takes place at services addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the Director of Public Works, if the Director determines that a property can not be completely irrigated with an average of three-quarters of an inch of water in a single day and that the property should be divided into sections to be irrigated on different days. • Establishing new turf is discouraged. If hydro mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering set forth in this stage apply. (This does NOT include over seeding with rye since turf already exists.) • Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Public Works Department. • Golf courses may water greens and tee boxes without restrictions, however watering must be done before 10 a.m. and after 6 p.m. Fairways are restricted to twice a week as outlined in Section 1.4.1 of this Plan. Golf course rough is restricted to once per week watering. • Skinned areas of sports fields may be watered as needed for dust control. • Professional sports fields (playing fields within a stadium only - not surrounding landscaping) may be watered as needed to maintain league standards. • Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions. • Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "on demand" basis. 8 • Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels. • Water use provided by a private well or from a pond or other impoundment not filled using potable water. All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions. 1.5.1.5 Goal The goal for water use reduction under Stage 1 is five percent (5%). If circumstances warrant or if required by TRWD, the Public Works Director or his designee can set a goal for greater water use reduction. 1.5.1.6 Termination of Stage 1: All initiated actions will remain in effect until the conditions that triggered the stage have been eliminated. If the order is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the Director of Public Works determines conditions exist which allow termination of this stage before September 30. 1.5.2 Stage 2: Water Warning: 1.5.2.1 Initiation This stage is activated by the Director of Public Works if there is a water system failure including pumping equipment, supply lines, distribution lines, power failure, or storage facilities, or if Stage 1 water watch has been initiated and in effect for two (2) weeks, and: • The tank level in the three (3) elevated tanks of the low pressure plane fall below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three (3) consecutive days. • The tank level in the single elevated tank in the high pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three (3) consecutive days. 9 Or the City of Fort Worth activates this stage based on the following conditions: • One or more sectors of the City of Fort Worth reaches or exceeds 95% of reliable delivery capacity for three consecutive days. • Fort Worth's water treatment or distribution system becomes contaminated • Fort Worth's water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. • Forth Worth's water supply system is unable to deliver water due to the failure or damage of major water system components. Or the TRWD activates this stage if: • Total raw water supply in TRWD western and eastern division reservoirs drops below 60% (40% depleted) of conservation storage. • Water demand for all or part of the TRWD delivery system exceeds delivery capacity because the delivery system is inadequate. • Water demand is projected to approach the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. • TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 2 drought 1.5.2.2 Actions by City • Continue any actions available under Stages 1 • The City will further reduce its own water use. The City will prohibit its own use of water for street washing, vehicle washing, operation of ornamental fountains, and all other non-essential uses. • The City will discontinue its landscape watering except as needed to prevent foundation damage, to preserve new plantings, save rare plantings, and to keep golf greens and tee boxes alive. The daily watering restrictions will be enforced for these exceptions. • The City will increase public information efforts on the water supply. More information will be available on the Water Department website. • An internal working group will analyze the conditions which triggered the stage and will monitor for subsequent stages. 10 1.5.2.3 Prohibited Actions (See Exceptions 1.5.2.4) Continue or initiate any actions available under Stage 1 and: • Watering, except on the schedule of once a week as outlined in Section 1.4.1 of this plan for Stage 2. • Watering between the hours of 10 a.m. and 6 p.m. • Watering for dust control except as required to protect public health. • Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains are equipped with a recirculating system. • Prohibit filling of swimming pools with automatic valves. 1.5.2.4 Exceptions • Foundations may be watered up to two hours on any day using a handheld hose, soaker hose or drip irrigation system placed within 24-inches of the foundation that does not produce a spray above the ground.. • Newly installed shrubs (first year) and trees (two years) may be watered up to two hours on any day by handheld hose, drip irrigation, a soaker hose or tree bubbler. Tree watering is limited to an area not to exceed the drip line of the tree. • Outdoor watering that takes place at services addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the Director of Public Works, if the Director determines that a property can not be completely irrigated with an average of three-quarters of an inch of water in a single day and that the property should be divided into sections to be irrigated on different days. • Establishing new turf is discouraged until the drought or current emergency situation has passed. If hydro mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering set forth in this stage apply. (This does NOT include over seeding with rye since turf already exists.) • Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Public Works Department. • Golf courses may water greens and tee boxes as needed to keep them alive, however watering must be done before 10 a.m. and after 6 p.m. Fairways are restricted to once a week as outlined in Section 1.5.2.3 above. Golf course rough can not be watered. • Skinned areas of sports fields may not be watered for dust control. 11 • Professional sports fields (playing fields within a stadium only - not surrounding landscaping) may be watered as needed to maintain league standards. • Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Public Works Department. • Water use provided by a private well or from a pond or other impoundment not filled using potable water. 1.5.2.5 Requested Actions • Installation of new landscapes should be delayed until all watering restrictions are lifted. • Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "on demand" basis. • Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels. 1.5.2.6 Goal • The goal for water reduction under Stage 2 is 10%. If circumstances warrant or if required by TRWD, The Public Works Director or his designee can set a goal for greater water use reduction. 1.5.2.7 Termination All initiated actions will remain in effect until the conditions that triggered the stage have been eliminated. If the stage is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the Director of Public Works determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 2, Stage 1 may become effective. This shall be determined by the Director of Public Works in consultation with the Water Division. 1.5.3 Stage 3: Emergency Water Use Management: 1.5.3.1 Initiation This stage is activated by the Director of Public Works if there is a water system failure including pumping equipment, supply lines, distribution lines, power failure, or storage facilities, or if Stage 2 water watch has been initiated and in effect for two (2) weeks, and: 12 • The tank level in the three (3) elevated tanks of the low pressure plane fall below twelve (12) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three (3) consecutive days. • The tank level in the single elevated tank in the high pressure plane falls below twelve (12) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three (3) consecutive days. Or the City of Fort Worth activates this stage based on the following conditions: • One or more sectors of the City of Fort Worth reaches or exceeds 98% of reliable delivery capacity for one (1) day. • Fort Worth's water supply sources or distribution system becomes contaminated • Fort Worth's water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. • Forth Worth's water supply system is unable to deliver water due to the failure or damage of major water system components. Or the TRWD activates this stage if: • Total raw water supply in TRWD western and eastern division reservoirs drops below 45% (55% depleted) of conservation storage. • Water demand for all or part of the TRWD delivery system exceeds delivery capacity because the delivery system is inadequate. • Water demand is projected to approach the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. • TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 3 drought 1.5.3.2 Actions by City • Continue any actions available under Stages 1 and 2. • Implement any viable alternative water supply strategies. 13 • When this stage has been triggered, the City will discontinue its landscape watering except as needed to prevent foundation damage and to save rare plantings. • The City will increase public information efforts on the water supply. More information will be available on the Water Department website. • An internal working group will analyze the conditions which triggered the stage and will continue to monitor the situation. • Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction ma be completed and filled with water. 1.5.3.3 Prohibited Actions (See Exceptions 1.5.3.4) In addition to the prohibitions available under Stages 1 and 2 the following is prohibited. • Landscape watering is prohibited • Installation of new landscaping. • Operation of ornamental fountains or ponds except to support aquatic life. • Draining, filling, refilling swimming pools, wading pools and/or Jacuzzi type pools. Existing private and public pools may ad water to maintain pool levels; however they my not be refilled using automatic fill valves. • Washing of vehicles is restricted to commercial car wash, commercial service station or a private on-site vehicle washing facility and can only be done as necessary for health, sanitation and safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing is prohibited.. • Use of water from hydrants for any purpose other than firefighting related activities, or other activities necessary to maintain public health, safety and welfare. 1.5.3.4 Exceptions • Foundations may be watered up to two hours on any day using a handheld hose, soaker hose or drip irrigation system placed within 24-inches of the foundation that does not produce a spray above the ground.. 14 • Trees may be watered up to two hours on any day by handheld hose, drip irrigation, a soaker hose or tree bubbler. Tree watering is limited to an area not to exceed the drip line of the tree. • Golf course greens only may be watered by hand-held hose as needed to keep them alive, however watering must be done before 10 a.m. and after 6 p.m. • Professional sports fields (playing fields within a stadium only - not surrounding landscaping) may be watered as needed to maintain league standards. • Water use provided by a private well or from a pond or other impoundment not filled using potable water. 1.5.3.5 Requested Actions • Installation of new landscapes should be delayed until all watering restrictions are lifted. • Hotels, restaurants, and bars are required to serve drinking water to patrons on an "on demand" basis. • Hotels are required to implement laundry conservation measures by encouraging patrons to reuse linens and towels. • Stock at commercial plant nurseries may be watered only with a hand-held hose, hand-held watering can, or drip irrigation. • Commercial and industrial water users are required to reduce water use by a set percentage determined by the Director of Public Works. 1.5.3.6 Goal The goal for water reduction under Stage 3 is 20%. If circumstances warrant or if required by TRWD, The Public Works Director or his designee can set a goal for greater water use reduction. 1.5.3.7 Termination All initiated actions will remain in effect until the conditions that triggered the stage have been eliminated. If the stage is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the Director of Public Works determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 3, Stage 2 or Stage 1 may become effective. This shall be determined by the Director of Public Works in consultation with the Water Director. 15 1.6 Granting Variances to the Plan 1.6.1 Procedures for Granting Variances The Director of Public Works may grant temporary variances for water uses otherwise prohibited under this Plan only if one or more of the following conditions are met: 1. Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person requesting the variance. 2. Compliance with this plan cannot be accomplished due to technical or other limitations. 3. Alternative methods that achieve the same level of reduction of water use can be implemented. 1.6.2 Information Required for Variance Request Variances shall be granted or denied at the discretion of the Director of Public Works. All applications for variances shall be in writing and shall include the following information: 1. Name and address of applicant(s); 2. Purpose of water use; 3. Specific provisions from which relief is requested; 4. Detailed statement of the adverse effect of the provision from which relief is requested; 5. Description of the relief requested; 6. Period of time for which the variance is sought; 7. Alternative measures that will be taken to reduce water use; and 8. Other pertinent information. Direct application to the following address: Department of Public Works City of Southlake 1400 Main Street Southlake, Texas 76092 ATTN: Drought Variance Request 1.6.3 Revocation of Variances The Director may revoke a variance when he or she determines that: 1. The conditions set out in Section 1.6.1 are not being met or are no longer applicable; 16 2. The terms of the compliance agreement have been violated; or 3. Revocation is advisable to protect the health, safety, or welfare of the public or any person. 1.7 Procedures for Enforcing Mandatory Water Use Restrictions Mandatory water use restrictions will be imposed during the following stages: Water Watch, Water Warning, and Emergency Water Use Management. These water use restrictions will be enforced in the following manner: First Offense: Written Warning Subsequent Offenses: Citation, with fines established by ordinance or the installation of a flow restricting device After three violations, the City may cut off water service to the customer. 1.8 Review and Update of Emergency Water Management Plan As required by TCEQ rules, the City of Southlake will review this Plan at least every five years. The plan may be updated as appropriate based on new or updated information. 17 INVOICE Preview Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 303962101 FORT WORTH, TX 76102 Invoice Date: 4/3/2009 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2009 Bill To: PO Number: PO#20900115-000. CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30396210 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 4/3/2009 Deseription Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 174 174 LINE $0.81 $140.94 Sales Discount Misc Fee -" F Z MAY _ 4 2009 THE STATE OF TEXAS County of Tarrant ($5.00) $5.00 Net Amount: $140.94 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid 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 publish e 'n the above named paper on the listed dates: BIDS &LEGAL DEP R TELEGRAM (817) 390-7501 ,�\N NotM1A R T ( ` J4 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, April 09, 2009. o � t o Notary Public �(�(;, t l c_ Thank You For Your Payment Remit TO: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 0.;O riMf Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 303962101 Invoice Amount: $140.94 PO Number: PO#20900115-000. Amount Enclosed: $ Legal Notices CITY O F SOUIHLAKE Notice is hereby giv of the en by the CitCity of y Council Out lake, Texas that a public hearing will be held on April 21, 2009, at 5:00 p, m, or immediately fol- lowing the Work Session, during the Regular ity Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the sec - 3nd reading of the `ollowing ordinance: OF OF NS EME Violations aOnd Penal- ties .a) A person commits an offense if the person knowingly makes causes or Permits a use of water contrary to the measures im- plemented by +ti- prescribedJin the Plan. For purposes of this subsection, it is presumed that a person has know- ingly made, caused or permitted a use of water contrary to the measures im- plemented if the mandatory mea- sures have been formally ordered consistent 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 exceeds that allowed by the Plan; or (3) the manner or amount used vio- lates the terms and conditions of a compliance agree- ment made pursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, disobeys, omits, neglects or refuses to comply with a measure im- plemented in accor- dance with this or- dinance and the Plan shall be fined not more than two thousand dollars ($2,000.00) for each offense. In addition, the following penal- ties shall apply: (1) It a Person is convicted of violat- ing, disobeying, omitting, neglecting or refusing to comply With a measure im- plemented in accor- dance with this section and the droughtcontingency/ emergency Water management plan two times, the City tray issue a citation or install a flow restrictor in the water line to the premises where the to Iaim Itntheoamount of water that may meter in rau9Wentye four-hour period; and (2) If a person is convicted of violat- Ing, disobeying, omitting, neglecting r orefusing to comply With a measure im- plemented in im- dance with this section and the droughtcontingency/ emergency water management plan three times, the City may discontinue Legal Notices water service to the premises where the violation occurred. city of Southlake Lori Payne city Secretary INVOICE Preview Star -Telegram Customer ID: CIT57 400 ,W. 7TH STREET Invoice Number: 304320121 FORT WORTH, TX 76102 Invoice Date: 4/24/2009 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2009 Bill To: PO Number: no po CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30432012 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 4/24/2009 Description Location Col 'Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 161 161 LINE $0.81 $130.41 Sales Discount Misc Fee MAY 1 7 2009 Net Amount: ($5.00) $5.00 $130.41 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid 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: BIDS & LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed � �- ��� 'y". _. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, April 27, Notary • q�OF:I Thank You For Your Payment Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304320121 Invoice Amount: $130.41 PO Number: no po Amount Enclosed: $ OF OF TEX- THE DATE. SECTION 2 Violations and Penal- ties (a) A person commits an offense if the person knowingly makes, causes or permits a se contrary to r the measures im- plemented by the City Manager as Legal Notices prescribed in the Plan. For purposes of this subsection, it is person suma th at a hasknow- ingly made, caused or permitted a use of water contrary to the measures im- the man mandatory ted if mea- sures have been formally ordered consistent with the terms of Section 1 and: (hashbeennprohibited by the Plan; or (w)atereused exceedount s that allowed by the Plan; or (3) the manner or amount used vio- lates the terms and conditions of a compliance agree- ment made pursuant to a variance grantee by the City- of Fori Worth pursuant tc Section 3 hereof. (b) Any person whc violates, disobeys omits, neglects of refuses to compli with a measure im nicmonted in actor shall be fined no more than two thousand dollar: ($2,000.00) for eacl offense. In addition the following penal ties shall apply: ;1) If a person i convicted of violat ing, disobeying omitting, neglecting or refusing to comp) with a measure im plemented in accoi dance with thi section and th droughtcontingency emergency watt management pla two times, the Cit may issue a citatio or install a floc restrictor in th water line to th violations where urre to limit the amour of water that me passmeter inrautwe t four-hour period; ar (2) If a person convicted of viola ing, disobeyin omitting neglectir or refusing to comp with a measure it plemented in acco dance with th section and tl droughtcontingenc emergency wat management Pli three times, the Ci. may discontini water service to tl nremises where tl Payne,