Loading...
0662-BORDINANCE NO. 662-B OFFICIAL RECORD AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE DROUGHT CONTINGENCY PLAN FOR THE CITY OF SOUTHLAKE, TEXAS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES IN 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, 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; WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 1 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 the portions of the City of Fort Worth's Drought Contingency/Emergency Water Management Plan, (the "Plan"), as has been revised to comply with the Texas Administrative Code JAC) Title 30, Chapter 288, as contained in Exhibit "A", attached hereto and incorporated as if fully set forth herein; provided however, the following sections of the plan are amended to read as follows: (1) Section 1.3, How the Plan is Initiated and Terminated, is amended to read: The City Manager, upon notification from the City of Fort Worth that drought conditions or a water emergency exists, or upon a determination that emergency conditions exist in the City of Southlake due to imminent or actual failure of a major component of the water system which may result in a safety hazard or reduction or lack of supply, shall order that the appropriate stage of the drought contingency/emergency water management plan be initiated. The City will provide notice that a stage has been initiated or terminated and that appropriate actions are required as follows: (1) public announcement to the news media; (2) publication on the City's website; and (3) publication in a newspaper of general circulation in the City."; WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 2 (2) Section 1.6.2.3 is amended by deleting the references to Section 1.5.1 of the Plan; and (3) Section 1.705 is added to the Plan which shall be and read as follows: "1.705 Process for Variance A person shall submit a request for a variance to the requirements of the Plan to the City Manager of the City of Southlake. The request shall contain the information required by Fort Worth. Should the City Manager determine that the variance will meet the requirements of the City of Fort Worth, the City Manager will forward the request for a variance to the City of Fort Worth, who shall process the request in accordance with the provisions of the Plan. The City of Fort Worth may also revoke the variance in accordance with Section 1.7." (c) Authority. The City Manager is authorized to implement measures prescribed when required by this Ordinance and by the Plan. The City Manager is authorized to enforce the measures implemented and to promulgate regulations not in conflict with this Ordinance or state and federal laws, in aid of enforcement. (d) Duration of stage. A stage will remain in effect until the City of Fort Worth notifies the City of Southlake that conditions exist that will allow termination of the stage before September 30. Upon notification from the City of Fort Worth, the City Manager may terminate, upgrade or downgrade the stage. Any such change must be made in the same manner prescribed in Section 1.3 of the Plan. If the stage is initiated because of imminent or actual failure of a major component of the Southlake water system, all initiated actions will remain in effect until the City Manager determines that conditions exist that will allow termination when the emergency has ended. WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 3 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 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. WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 4 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-A 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 WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 5 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-A 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 .2ga_ DAY OF 2006. Mayor ATTEST: '*,,itN 1$40#a"* � i o • e• •••• 'daa* wss AS Is etAU&IX • • City Secretary - '• _�: o ss o°Y °B•, ,,, WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 6 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2006. Mayor ATTEST: City Secretary 4k• ° , ,� O s • APPFQ,VED AS TO FORM AND LEGALITY: (z4a—Jl5z,z City Attorney Date: 2.7 Adopted: 1-17- OIP Effective: / - 2b , Ob WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 7 EXHIBIT "A" PORTIONS OF THE CITY OF FORT WORTH DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 8 FORT WORTH. Drought Contingency1 WAS Emergency dater Management Flan This Drought Contingeny / Emergency Water Management Plan (the "Plan") outlines the triggers and actions associated with each of the respective water management stages. These stages are: • Stage i - Dry Conditions • Stage 2 - Water Watch • Stage 3 - Water Warning • Stage 4 - Emergency Water Use Management These stages can be triggered by supply, distribution system, and treatment system constraints. They can also be triggered by Fort Worth's wholesale water provider, Tarrant Regional Water District. 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 Water Department. In addition, temperature and rainfall data are recorded by the National Weather Service. The City analyzes this data to determine when termination of a stage is appropriate. 1.3 Hover the Plan is Initiated and Terminated The City Manager 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; • Notification of the City's wholesale customers; and • Notification of all relevant state agencies: 1.4 System Capacity Baseline for Water Management Stage Triggers System capacity with regards to the defined triggers is the total reliable pumping capacity. Therefore the system capacity baseline for triggers is 400 million gallons per day (mgd). See Table 1 below for more details of the yields of each of the treatment plants. This trigger number will be evaluated each year to take into consideration improvements that may have been added to the system. City of Fort Worth Foxes I'�var_li 4-2 Drought Contingency/Emergency Water Management Plan Table 1: Treatment Plant Capacities � Treatment: Plant Design.-. Reliable Pumping �n million. ailo6s per. -day) ( 9 P Yi ,: Capacity P LY Capacity . (mgd) : (m9d) Rolling .Hills, .est. °1972 . 200 : .. .155' '. 'North .Holly, est. 1:922 ..80 . 70. South Hally, es.tI962:.-..- < : -100,:_.` :SQ. Eagle' Mountain, est. 1992.. Total 450..:: .; :::: 400 Source: Fort bYorth Water Department Mater Master Plan, 2005 1.5.4 System information The City 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 ofthe 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. 1.5.5 Utilization of Alternate Water Sources The Fort Worth Water System does not have alternate water sources outside its current reservoirs. The City does not have alternative external delivery mechanisms, but does have the ability to distribute water throughout its system from any of its treatment plants. Citv of Fort Worth 1.6 Drought and Emergency Water Management Stages City;Wide 1.6.1 Stage 1 - Dry Conditions (City -Wide) he 15 1.6.1.1 Initiation This stage is currently implemented full-time on a voluntary basis. TRIGGERS Not Applicable OR 1.6.1.2 Actions by City TRWD TRIGGERS emands greater than 25% above antic pated for two consecutive months, or West Fork at 50% capacity projected within three months • The City continues to reduce its own water use (e.g., fountains, landscape watering). • The City notifies its wholesale customers that conservation is ongoing and that appropriate actions are required. • The City continues its ongoing public education efforts. • If TRWD initiates Stage 1, the City will increase its public awareness programs. • If TRWD initiates Stage 1, the City will reduce diversions from the TRWD West Fork reservoirs and increase pumpage from the Eastern Division reservoirs as requested by TRWD. 1.6.1.3 Requested Actions • The City requests that residents voluntarily water only once every five days. The City also requests that there be no watering between the hours of 10 am. and 6 p.m. • The City requests that golf courses voluntarily water fairways only once every five days. The City also requests that there be no watering between the hours of 10 a.m. and 6 p.m. 1.6.1.4 Goal The goal is to achieve a voluntary reduction in water use. 1.6.1.5 Termination of Stage: Not Applicable (ongoing) This stage remains continually in effect. City of Fort Worth FaRrta Drought Contingency/Emergency Water Management Plan 1-5 sectorized 1,6.2 Stage 2: Water Watch (Sectorized or City -Wide) >. 1.6.2.1 Initiation City -Wide This stage can be applied to sections of the city (refer to Section 1.5.2) to reduce impact on the *_0 entire city. If more than two sectors are affected, it immediately goes into effect for the entire city. This stage is activated when one or more sectors of the city are at 95% of reliable pumping capacity for three consecutive days. The stage is also activated if TRWD projects that water in storage in the West Fork reservoirs will decline to less than 50% capacity within two weeks and that water in storage for all the TRWD reservoirs has declined to 60% of capacity. TRIGGERS 95% of reliable pumping capacity for three consecutive days 1.6.2.2 Actions by City OR TRWD TRIGGERS East Texas system pipeline demands at 90% of capacity for three consecutive days, or West Fork projected to reach 50% capacity within two weeks, and total system at 60% capacity 1 • 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. • 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. 1.6.2.3 Prohibited Actions (See Exceptions 1.6.2.4) FKatering Schedule • Watering, except on the schedule of once every five days, as outlined in Section 1.5.1 of See Section.1.5.1 this plan. Page DI -.3 • Watering between the hours of 10 am. and 6 p.m. • Hosing off paved areas, buildings, or windows. • Actions which create water running into the street, or otherwise waste water. • Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare. • Non-commercial vehicle washing that does not occur at a commercial car wash or commercial service station which uses a recirculating water system. 1.6.2.4 Exceptions • Watering using hand-held hose or bucket can be conducted any day. City of Fort Worth FnerT �3r�i 1-6 Drought Contingency/Emergency Water Management Plan • Newly planted landscaping (planted in the spring of the current year),commercial plant nurseries, and public gardens may water on any day. • Use of water from designated fire hydrants for construction purposes may be allowed under a special pen -nit from the Fort Worth Water Department. - All landscape watering exceptions must still abide by the 10 a.m. to 6 pm. water restrictions. 1.6.2.5 Requested Actions • The City requests that installation of new landscapes should be delayed until all watering restrictions are lifted. 1.6.2.6 Goal By the end of the first week after initiation of the stage, the City anticipates a 5% reduction in system demand. 1.6.2.7 Termination 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 City Manager determines conditions exist which allow termination of this stage before September 30. Upon termination of Stage 2, Stage 1 becomes effective. City of Fort Worth V°—!cm Drought Contingency/ Emergency Water Management Plan 1-7 sectorized 1.6.3 Stage 3: Water Warning (Sectorized or City-wide) This stage can be applied to sections of the city (refer to Section 1.5.2) to reduce impact on the entire lZi , . city. If more than two sectors are affected, it immediately goes into effect for the entire city. CiFWide 1.6.3.1 Initiation t This stage is initiated when one or more sectors of the city are at 98% of reliable supply for three consecutive days. The stage is also initiated if TRWD projects that water in storage in all the TRWD reservoirs has declined to 50% of capacity. TRIGGERS 98% of retiable pumping capacity for three consecutive days 1.6.3.2 Actions by City TRWD TRIGGERS East Texas system pipeline demands exceed capacity for 24 hours, or total system at 50% capacity • When this stage is triggered, 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. 1.6.3.3 Prohibited Actions (See Exceptions 1.6.3.4) Of the following restrictions, only the scheduling and time -of --day watering limits apply to those using treated effluent. Watering Schedule . Watering, except on the schedule of once every five days, as outlined in Section 1.5.1 of See Section 1.5.1 this plan. Page DI-3 • Watering between the hours of 10 am. and 6 p.m. • Hosing off paved areas, buildings, or windows. • Operation of ornamental fountains. • Draining, filling, refilling or adding water to swimming pools and/or jacuzzi type pools. • Foundation watering, except done by hand-held hose or watering cans, using the five-day schedule. • Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare. • Vehicle washing. • Actions which create water running into the street or otherwise waste water. City of Fort Worth Drought Contingency /Emergency Water Management Plan 1.6.3.4 Exceptions • Watering using a hand-held bucket or hose can be conducted on any day. • Newly planted landscaping (planted in the spring of the current year), commercial plant nurseries and public gardens may water on any day. • Vehicles that need to be washed for health, sanitation, or safety reasons (e.g., food carriers) are excepted. Any vehicle washing must occur at a commercial car wash or commercial service station which uses a recirculating water system. • Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Fort Worth Water Department. All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions. 1.6.3.5 Requested Actions • Installation of new landscapes should be delayed until all watering restrictions are lifted. 1.6.3.6 Goal By the end of the first week after initiation of the stage, the City anticipates a 10% reduction in system demand. 1.6.3.7 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 City Manager determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 3, Stage ? or Stage I may become effective. This shall be determined by the City Manager in consultation with the Water Director. City of Fort Worth Ft>xri Drought Contingency /EmergencyWater Management Plan 1-9 sectorized 1.6.4 Stage 4: Emergency Water Use Management (Sectorized or City-wide) 1.6.4.1 Initiation stage t , This stawill be initiated in the event of a contamination of the water supply, Citv�. 'Wide b Pp Y, failure of or damage to major system components, or if demand on the system exceeds delivery capacity. The stage will also be initiated if TRWD projects that water in storage in all its reservoirs has x declined to 25% of capacity. TRIGGERS Contamination Failure of major system component Damage to major system component Demand exceeds supply 1.6.4.2 Actions by City IIIN TRWD TRIGGERS Pipeline failure Reservoir contamination or Total system at 25% capacity • 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. Foundation watering must be done by hand-held hose or watering cans. • 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. 1.6.4.3 Prohibited Actions (See Exceptions 1.6.4.4) • Landscape watering. • Installation of new landscaping. • Hosing off paved areas, buildings, or windows. • Operation of ornamental fountains. • Draining, filling, refilling or adding water to swi nming pools and/or jacuzzi type pools. • Foundation watering, except done by hand-held hose or watering cans, using the five-day schedule. • Actions which create water running into the street, or otherwise waste water. • Washing of vehicles. • Use of water from hydrants for any purpose other than firefighting related activities, or other activities necessary to maintain public health, safety and welfare. 1.6.4.4 Exceptions • Vehicles that need to be washed for health, sanitation, or safety reasons (e.g., food carriers) are excepted. Any vehicle washing must occur at a commercial car wash or commercial service station which uses a recirculating water system • Landscape watering and foundation watering must be done by hand-held hose or hand- held watering cans using a five day schedule. City of Fort Worth Drought Contingency/Emergency Water Management Plan 2005 1-10 • New landscaping {landscaping installed during the sprung of the current year} may be watered daily for the first ten days after establishment, every other day for the next ten days and then every third day for the next ten days. Beyond that, it shall follow the schedule above. • Commercial plant nurseries can water plant stock by hand every other day. • Watering by governments and public gardens is limited to areas of rare vegetation and rare plantings. • Golf courses can water greens and tee boxes on the five-day schedule. Fairways will not be watered. • Commercial and public pools may refill water lost to normal daily use, but hosing off walkways is prohibited. All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions. 1.6.4.5 Goal The City will reduce system demand enough to address and rectify the emergency situation as soon as possible. 1.6.4.6 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 City Manager determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 4, Stage 3 or Stage 2 may become effective. This shall be determined by the City Manager in consultation with the Water Director. City of Fort Worth Drought Contingency /Emergency Water Management Plan 2005 4-11 1.6.5 Triggers Data from studies conducted on system supply dynamics from 2000, 2002, and 2003 suggest that system usage is directly related to a combination of rainfall and air temperature. When temperatures are higher than 100 degrees and there has been no rain for three days, system demand increases sharply. After the third day, historically, system demand continues to increase until either the temperature drops below .100 degrees or there is noticeable rainfall of more than 0.05 inches in 24 hours. During the same period, therefore, the triggers are set to initiate after at least three consecutive days of demand equal to or above the stated trigger points. Additional measures may be invoked whenever necessary or if the Plan stages listed above do not reduce demand enough to allow proper management of the system. 1.6.6 Reasons for Termination Once these triggers have been met and a stage has begun, the stage will not be lifted until one of the following requirements has been met: The specific situation is addressed (such as in the case of an emergency situation); or the City Manager determines that the condition has subsided. it is anticipated that no Plan stage will be terminated before September 30, unless the conditions that triggered the stage have been eliminated, or unless the City Manager determines that conditions exist which allow termination of the stage. 1.7 Granting Variances to the Plan 1.7.1 Grounds for Granting Variances The Director of the Water Department may grant temporary variances for water uses otherwise prohibited under this Plan only if all of the following conditions are met: 1. Granting the variance would not cause an immediate significant reduction in the city's water supply; 2. Failure to approve the variance would result in an extreme hardship or need relating to the health, safety, or welfare of the applicant; 3. Granting the variance would not adversely affect the health, safety, and welfare of other persons; and 4. The applicant signs a compliance agreement on forms provided by the Director and approved by the City Attorney, agreeing to use water only in the amount and manner approved by the variance. City of Fort Worth Drought Contingency/Emergency Water Management Plan 2005 1-12 1.7.2 information Required for Variance Request Any application for variances shall be ui 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; b. Period of time for which the variance is sought; 7. Alternative measures that will be taken to reduce water use; 8. Methods of measurement and reporting to confirm water use reductions (if applicable); and 9. Other pertinent information. Direct application to the following address: Water Department Director City of Fort Worth 1000 Throckmorton Street Fort Worth. Texas 76102 1.7.3 Revocation of Variances The Director may revoke a variance when he or she determines that: 1. The conditions set out in Section 1.7.1 are not being met or are no longer applicable; 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. 1.8 Procedures for Enforcing Mandatory Water Use Restrictions Mandatory water use restrictions will be imposed during the following stages: Water Watch, Water Waning, 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. After two violations the City may install a flow restrictor to limit the amount of water that may pass through the meter in any 24 hour period. After three violations, the City may cut off water service to the customer. 1.1€3 Review and Update of Emergency Water Management Plan As required by TCEQ rules, the City of FortWorth and its wholesale customers will review this Plan at least every five years. The plan may be updated as appropriate based on new or updated information. City of Fort Worth Drought Contingency/Emergency Water Management Plan 2005 1-13 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET RECEIVED Invoice Number: 265254201 FORT WORTH, TX 76102 Invoice Date: 1/20/06 (817) 390-7761 Federal Tax ID 22-3148254 F E B 1 3 2006 Terms: Net due in 21 days Due Date: 1 /31 /06 Bill To: OFFICE OF CITY SECRETARY PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 26525420 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 1/20/06 Attn Att11: ACCOUNTS PAYABLE Description Location Col Depth Linage MCI Rate Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 I 147 147 LINE $0.81 $119.07 CITY OF SOUTHLAKE (1) If a person. is convicted of violating, l ORDINANCE disobeyyingg, omitting, glcotm , r with ina AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEX- Lo y measure implement- ad in accordance with Net Amount $119.07 AS, AMENDING THE DROUGHT CONI'V this section and the drought contingency/ GENCY PLAN FOR THE CITY OF emergency water management plan two SOUTHLAKE. TEX- times the City may instal(a flow resto' tor AS; ESTABLISHING CRITERIA FOR THE the pi the water line to the Premises where the INITIATION AND TERMINATION OF violations occurred to limit the amount of DROUGHT RE- SPONSE STAGES IN COMPLIANCE WITH water hthat may pass ahroutwenty-four hour THE STATE OF TEXAS County of Tarrant Before me, a Notary Pub for the Star -Telegram, p depose and say that th LEGAL DEPT. STAR TLEGI� violations anti (817) 390-7320 II Penalties (aa)nA offense commits if the person knowingly makes, causes or permits a use of water contrary to the mea- sures implemented by pprescribed SUBSCRIBED AND SWORE in the Plan For purposes of this subsection, it is pre- sumed that a person has knowingly made, caused or permitted a use of water contrary to the measures im- plemented if the Thank You For Yol 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; Remit To: Star -Tale the manner or (3) amount used violates P.O. BO the terms and condi- tions of a compliance agreement made FORT W 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 imple- mented in accordance with this ordinance and the Plan shall be fined not more than two thousand dollars offense.Oin addition, the following penalties shall aooly: (E If , a person. is convicted of violatin disobeying, omittin� neglecting or refusing to comply with a measure implement- ed in accordance with this section and the drought contingency/ emergency water managqement plan three times,. the City may discontinue wa- ter service to the premises where the violation occurred. 'PROVED THIS THE 17th DAY OF JANU- ARY. 2006 DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST^ oo�rryFarwell, .rirrerrrsarw.u.�rr,rr.w '•'"�'�Y+ CHRISTY L. HOLLAND MY COMMISSION EXPIRES July 31, 2008 n iy personally appeared Lisa Wesselman, Bid and Legal Coordinator )orth, In Tarrant County, Texas; and who, after being duly sworn, did as published in the above named paper on the listed dates: BIDS & Customer ID: Customer Name: 01-2051 Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 265254201 $119.07 NO PO INVOICE Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 264773421 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/5/06 Federal Tax ID 22-3148254 F E H - 1 200� Terms: Net due in 21 days Due Date: 1/31/06 Bill To: OFFICE OF CITY SECRETARY PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 26477342 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 1/5/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13580 I 16() 160 LINE S0.81 $129.60 CITY OF (3) the manner or SOUTHLAKE amount used violates Notice is hereby given the terms and condi- by the City Council of Lions of a compliance the City of Southlake. agreement made $129.60 Texas, that a public pursuant to a variance Net Amount: hearing will be held granted by the City of on January 17, 2006, Fort Worth pursuant at 6:00 p.m. or im- to Section 3 hereof. mediately following (b) Any person who the Work Session, violates, disobeys, during the Regular omits, neglects or City Council meeting refuses to comply with to be held in the City a measure imple- Council Chambers of mented in accordance Town Hall, 1400 Main with this ordinance Street, Southlake, and the Plan shall be Texas.Purpose of the fined not more than public hearing is to two thousand dollars consider the second ($2,000.00) for each reading of the fol- offense. In addition, lowing ordinance: the following penalties ORDINANCE NO. shall apply: 662-B I(1) If a person is AN ORDINANCE OF convicted of violating, THE CITY OF disobeying, omitting, SOUTHLAKE TEX- neglecting or refusing AS, AMENDING THE to comply with a DROUGHT CONTIN- measure implement- GENTHE PLAN FOR ed In aand h r M.......... CHRI3TYL HOLLAND THE CITY OF this section and the SOUTHLAKE, TEX- drought contingency/ ;*:AS; ESTABLISHING emergency water MYCOMMI8810NEXPIRES CRITERIA FOR THE management plan two ;' I,INITIATION AND times the City may , ,, o �Uq 3� 0 THE STATE OF TEX TERMINATION OF install a flow restrictor DROUGHT RE- in the water line to the _ y County Of Tarran SPONSE STAGES INI premises where the COMPLIANCE WITH violations occurred to THE CITY OF FORT limit the amount of Before me,a No DROO°UGHTTCONTIN water that may pass ate,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator GENCY/EMERGEN- throuah the meter In for the Star Telec CY WATER MAN- AGEMENT aperiodwenty-four-hour:.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn, did PLAN. 2 If a and is is me was paper depose and say ESTABLISHING RE- ( ) published in the above named a er on the listed dates: BIDS& STRICTIONS ON convicted of violating, LEGAL DEPT. STA CERTAIN WATER disobeying, omitting, USES; ESTABLISH-, neglecting or refusing (817) 390-7320 ING PENALTIES to comply with a FOR THE VIOLA- measure implement- TION OF AND PRO- ed in accordance with VISIONS FOR EN- this section and the FORCEMENT OF drought contingency/ THESE RESTRIC- emergency water TIONS' ESTABLISH- management plan ING PROCEDURES' three times, the City)anua 1 ,SUBSCRIBED AN[ FOR GRANTING may discontinue wa- VARIANCES; AND ter service to the PROVIDING CUMU- premises where the LATIVE AND SEV- violation occurred. ERABILITY AND City of Southlake OF SAVINGS CLAUSES. Lori Farwell AND AN EFFECTIVE City Secretary DATE. Thank You Fc ViolatiolnO and .'.nt Penalties (anA offense c f rthe mason knowi kes, causes n or permits a use of water contrary to the mea- sures implemented by St the City Manager as Customer ID: CIT57 Remit To: prescribed in the Plan. For purposes of this pre • - y., it ., sued that a person has knowinglymade, Customer Name: CITY OF SOUTHLAKE F( caused ar peer contraryd a ,X 76101-2051 Invoice Number: 264773421 use the watermeasuresi to im- plemented if the mandatory measures i Invoice Amount: $129.60 have been formally ordered consistent Swith ection 1 athe ndms of PO Number: NO PO (1) the manner use has been prohibited by the Plan: or Amount Enclosed: (2)the amount of water used exceeds that allowed by the Plan; or