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0662-C ORDINANCE NO. 662-C OFFICIAL RECORD AN ORDINANCE OF THE CITY OF SOUTH LAKE, TEXAS, AMENDING THE DROUGHT CONTINGENCY PLAN FOR THE CITY OF SOUTH LAKE, TEXAS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGESFOR 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 ih, 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 South lake recognizes that there are local water system limitations which may require the City of South lake 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 sections 1.6 through 1.10 of the City of Fort Worth's Drought Contingency/Emergency Water Management Plan, (the "Plan"), 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 Public Works Director, 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 local water system limitations or 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."; (2) Section 1.6.2.3 is amended by deleting the references to Section 1.5.1 of the Plan; and (3) follows: Section 1.705 is added to the Plan which shall be and read as "1.705 Process for Variance A person shall submit a request for a variance to the requirements of the Plan to the Public Works Director of the City of Southlake. The request shall contain the information required by Fort Worth. Should the Public Works Director determine that the variance will meet the requirements of the City of Fort Worth, the Public Works Director 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 Public Works Director is authorized to implement measures prescribed when required by this Ordinance and by the Plan. The Public Works Director 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 Public Works Director 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 South lake 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. 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 ) (2) (3) the manner of use has been prohibited by the Plan; or the amount of water used exceeds that allowed by the Plan; or 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. 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 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 19th DAY OF June, 2007. ~>~=- Mayor ATTEST: \\,," 1"11',.", ......\\ oU THI ~ '" dt fit ......\~, S .......~;f-;'.... ,L, J' ~$ d' .... ..."Y "':. V'1,../\.... ~ ~ .: .\ " ~ ,... _. 0"" .. City Secretary ~ u i * i ~ E -;.~. ':f:/); ':.- e. ..-.: ":.. e. .." "'.. ........ ..' '; ....' "" ** 1c \\\\\ 'I II,,, """ \' PASSED AND APPROVED ON SECOND READING ON THIS 17th DAY OF July, 2007. --A~ Mayor ATTEST: ~. J - ~ ................ ~ fa .,,"c..OUTH III" . ,'" ~ .... " City Secretary I cJ ..... ..~-r~ \ .... ~ . .&.. " ~ :. it" e. --' ; .1-.. .1'1"- ::0. :x= : ;. .'- :)).: ;. ~.. .: G? E -::, -.0 .~.. I '-'<If .......1&}. ..,'" '" **"'" ", 1'1 I" \\' /1""1""'" APP- OVED AS TO!?.. M AND LEGALITY: ) 'J 1/ _?~ Ity Attorney . / Date: l2u,htl, JlXJ7 Adopted: 7-17-07 Effective: 1.20-07 EXHIBIT "A" PORTIONS OF THE CITY OF FORT WORTH DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN EXHIBIT "A" PORTIONS OF THE CITY OF FORT WORTH DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN EXHIBIT "A" Drought Contingency I Emergency Water Management Plan This Drought Contingency / Emergency Water Management Plan (the "Plan") outlines the triggers and actions associated with each of the respective water management stages. These stages are: · Stage 1 - 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 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; · 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 1 number will be evaluated each year to take into consideration improvements that may have been added to the system. Table 1: Treatment Plant Capacities Treatment ?Iant (in million gallons per day) (mgd) Design Capacity (mgd) Reliable Pumping Capacity (mgd) Rolling HUls, est. 1912 North Holly, est. 1922 South Hoflyf est. 1952 Elgie Mountain, est. 1992 Totll SourC4: Fert Wortn W<%ter Dtpartment Watty Master Plan. 2005 1.5 Main Components of the Plan 1.5.1 Schedule of Watering The City has set voluntary schedule of watering guidelines as outlined in Table 2 below. These guidelines become mandatory if Stage 2 or any subsequent stage is initiated. The guidelines for times of watering also follow the same pattern: The 10 a.m. to 6 p.m. guidelines are voluntary until Stage 2 or any subsequent stage is initiated. Table 2: Schedule of Watering last Digit of Address Allowed Watering Dates o and 5 5th, 10th, 15th, 20th, 25th, 30th 1 and 6 1st, 6th,11th, 16th,21st, 26th 2 and 7 2nd, 7th, 12th, 17th, nnd, 27th land8 3rd, 3th, 13th, 18th,23rd, 28th " and 9 4th,. 9th, 14th, 19th, 24th, 29th No watering will be allowed on the 31st. The lowest number will identify apartments, office building complexes, or other properties containing multiple addresses. Where there are no numbers, a number will be assigned by the Water Director. These restrictions also apply to government facilities. 1.5.4 System Information 2 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 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. Figu,-. 1.1. Tammt Regkmat Wateor Dilirrict Supply SOlJrcK. t:/r1"" 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. 1.6 Drought and Emergency Water Management Stages 3 Watering Schedule See Attachment No.1 1.6.1 Stage 1- Dry Conditions (City-Wide) 1.6.1.1 Initiation This stage is currently implemented full-time on a voluntary basis in the City of Southlake. Southlake Fort Worth Tarrant Regional Triggers not applicable voluntary Triggers not applicable voluntary or TRWD Triggers Demands greater than 25% above anticipated for two consecutive months, or West Fork at 50% capacity projected within three months or 1.6.1.2 Actions by City . 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 Fort Worth initiates Stage 1, the City will increase its public awareness programs. 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 a.m. 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. 1.6.2 Stage 2: Water Watch: 4 1.6.2.1 Initiation This stage is activated by the Director of Public Works ifthe tank levels in the three (3) elevated tanks ofthe 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. Or the City of Fort Worth activates this stage if: one or more sectors ofthe City of Fort Worth are at 95% of reliable pumping capacity for three consecutive days. The stage is also activated ifTRWD 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% capacity. Southlake Fort Worth Tarrant Regional Triggers Elevated Tank levels fall below 18' from tank bottom for three consecutive days or Triggers 95% of reliable pumping capacity for three consecutive days (City of Fort Worth) TRWD Triggers East Texas system pipeline demands at or 90% of capacity for three consecutive days, or West Fork projected to reach 50% capacity within two weeks, and total system at 60% capacitv 1.6.2.2 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. . 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) 5 . . Watering . Schedule . See Attachment No.1 . Watering, except on the schedule of once every five days as outline in Section 1.5.1 of this plan. Watering between the hours of 10 a.m. 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 fire fighting 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. . 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 permit from the Public Works Department. All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. 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 Director of Public Works determines conditions exist which allow termination of this stage before September 30. Upon termination of Stage 2, Stage 1 becomes effective. 1.6.3 Stage 3: Water Warning: 1.6.3.1 Initiation 6 This stage is activated by the Director of Public Works if Stage 2 water watch has been initiated and in effect for two (2) weeks, and tank levels in the three (3) elevated tanks ofthe low pressure plane fall below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and have continued to fall below this level for three (3) consecutive days, with the Pearson Road Pump Station at 100% capacity. Or the City of Fort Worth activates this stage if: one or more sectors of the City of Fort Worth are at 95% of reliable pumping capacity for three consecutive days. The stage is also activated ifTRWD 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% capacity. South lake Fort Worth Tarrant Regional Triggers Stage 2 has been initiated and in effect for two (2) weeks and elevated tank levels fall below 18' from tank bottom or Triggers 98% of reliable pumping capacity for three consecutive days (City of Fort Worth) TRWD Triggers East Texas system pipeline demands or exceed capacity for 24 hours, or total system at 50% capacity 1.6.3.2 Actions by City . 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 web site. . 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. 7 . Watering . Schedule . See . Attachment . No.1 . . Watering, except on the schedule of once every five days, as outlined in Section 1.5.1 ofthis plan. Watering between the hours of 10 a.m. 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. 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 Public Works Department. 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 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. 8 1.6.4 Stage 4: Emergency Water Use Management 1.6.4.1 Initiation This stage is activated by the Director of Public Works if Stage 3 water warning has been initiated and in effect for two (2) weeks, and tank levels 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 have continued to fall below this level for three (3) consecutive days, with the Pearson Road Pump Station at 100% capacity, or if there is a major malfunction of the system, including pumping equipment, supply lines, major distribution lines, power failure, storage facilities or; the City of Fort Worth activates this stage if; in the event of a contamination of the water supply, failure of or damage to major system components, or if demand on the system exceeds delivery capacity as deemed by the Director of Public Works. The stage will also be initiated ifTRWD projects that water in storage in all its reservoirs has declined to 25% of capacity. Southlake Fort Worth Tarrant Regional Triggers With Stage 3 in effect or for two weeks, the water level in 3 elevated storage tanks falls below 12' for three consecutive days or Major malfunction of major components of water system or At the discretion of the Director of Public works Triggers Contamination Failure of major system component Damage to major system component Demand exceeds supply TRWD Triggers Pipeline failure or Reservoir contamination or total system at 25% canacitv 1.6.4.2 Actions by City . 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. 9 . 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 swimming 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 than 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. . New landscaping (landscaping installed during the spring 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 rear 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 10 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. lfthe 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 4, Stage 3 or Stage 2 may become effective. This shall be determined by the Director of Public Works in consultation with the Water Director. 1.6.5 Triggers Data from studies conducted on system supply dynamics from 2003 thru 2006 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 Director of Public Works 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 Director of Public Works 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: 11 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 ofthe 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 water only in the amount and manner approved by the variance. 1. 7.2 Information Required for Variance Request Any application 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; 8. Methods of measurement and reporting to confirm water use reduction (if applicable); and 9. Other pertinent information. Direct application to the following address: Department of Public Works City of Southlake 1400 Main Street Southlake, Texas 76092 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 ofthe compliance agreement have been violated; or 3. Revocation is advisable to protect the health, safety, or welfare ofthe public or any person. 1.8 Proceduresfor Enforcing Mandatory Water Use Restrictions 12 Mandatory water use restrictions will be imposed during the following stages: Water Watch, Water Waming, and Emergency Water Use Management. These water use restrictions will be enforced in the following manner: First Offense: Subsequent Offenses: Written Waming 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. 1.10 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 my be updated as appropriate based on new or updated information. 13 INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABLE Customer ID: CIT57 Invoice Number: 285849361 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 6/29/07 Net due in 21 days 6/30/07 PD W/CC 28584936 073 CITY OF SOUTHLA 6/29/07 (1) If a person is Penal- convicted of violat- CITY OF CTION 2 SOUTHLAKE Legal Notices violations and Pe CITY OF SOUTH] Notice is hereby given ties ing, disobeying,IE $0.81 $138.51 by the City Council lowing the Work (a) A person commits omitting, neglecting of the City of Session, during the an Offense if the or refusing to comply Southlake, Texas, Regular City Council person knowingly with a measure im- that a public hearing meeting to be held makes, causes or 1 plemented in accor- will be held on July in the •City Council permits a 'use of dance with this 17, 2007, at 5:00 p.m. Chambers of Town water contrary to section and the or immediately fol- Hall, 1400 Main the measures im- drought contingency/ M$138.51Street, South lake plemented by the emergency waterount: Texas. Purpose o City Manager as management plan the public hearing is prescribed in the two times, the City to consider the sec- Plan. For purposes of may install a flow and reading of the this subsection, it is restrictor in the following ordinance: presumed that a water line to the �� ORDINANCE person has know-', premises where the NO. 662-C ingly made, caused. violations occurred -AN ORDINANCE OF. or permitted a use, to limit the amount THE CITY OF of water contrary to! of water that may SOUTHLAKE, TEX- the measures im- pass through the AS, AMENDING THE plemented if the meter in a twenty - DROUGHT CONTIN- mandatory mea- four-hour period; and GENCY PLAN FOR sures have been, (2) If a person is J U L 1 0 2.007 THE CITY OF formally ordered convicted of violat- SOUTHLAKE, TEX- consistent with thel ing, disobeying, AS;, ESTABLISHING, terms of Section lei omitting, neglecting CRITERIA FOR THE and: or refusing to comply INITIATION AND (1) the manner 8f use with .a measure im- TERM INATION OF; has been prohibited plemented in accor- DROUGHT RE by the Plan; or dance with — — — - G r Frd�F SPONSE STAGES (2) the amount of section and @•.,,,, FI I�, OF �� s�Cl`L1t�r�/ FOR LOCAL WATER water used exceeds droughtcontm eno�� 15J\ DELIVERY LIMITA- that allowed by the emergency 61kr_l� �'; CHRISTYL.HOLLAND TIONS AND C, Plan; or management '06 MY COMMISSION EXPIRES PLIANCE WITH THE (3) the manner or three times, th t hr CITY OF FORT amount used vio- may disco t ,.t�;. J* 31, 2008 WORTH'S DROUGHT, lates the terms and water serviceo f;,,,• C O N T I N G E N C Y /. conditions of a premises EMERGENCY WA- compliance agree- violatOn occurs THE STATE OF TEXAS TER MANAGEMENT ment made pursuant City of Southlake PLAN; ESTABLISH- to a variance granted Lori Payne County of Tarrant ING RESTRICTIONS by the City of Fort City Secretary ON CERTAIN WA- Worth pursuant to TER USES; ESTAB- Section 3 hereof. LISHING PENALTIES (b) Any person who Before me, a Notary Public in and for sail TON THE AND VIOLA-1 omiiaes'negle obeys-ared Deborah Baylor, Bid and Legal Coordinator cts or' for the Star -Telegram, published by the E VISIONS FOR R of refuses to mPl county, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advel THESE RESTRIC plemented m accor- paper on the listed dates: BIDS & LEGAL DEPT. STAR TIONS; ESTABLISH- dance with this or - TELEGRAM ING PROCEDURES dinance and the Plan FOR not (817) 390-7501 VARIANCES ANANDN more TING shall betha�ned two PROVIDING CUMU- thousand dollars LATIVE AND SEV- ($2,000.00) for each ERABILITY AND, offense. In addition, SAVINGS CLAUSES;„ the following penal - AND AN EFFECTIVE ties shall ly: DATE. / SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, July 02, 00� � �JS � Notary Pub[ Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 285849361 $138.51 PD W/CC l� INVOICE i Sta>n-,Teleg +am RECEIVED Customer ID: CIT57 400 W.7TH STREET t- ►— Invoice Number: 286689211 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/21/07 Federal Tax ID 22-3148254 AUG - 2 2007 Terms: Net due in 21 days Due Date: 7/31/07 Bill TCITY OF SOUTHLAKE OFFICE OF CITY SECRETARY PO Number: NO PO 1400 MAIN ST Order Number: 28668921 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 7/21/07 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 1 157 157 LINE $0.81 S127.17 Net Amount: $127.17 RECEIVED AUG - 2 2007 OFFICE OF CITY SECRETARY `Fh4• - CH ! IIIIIIII\ MY C 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,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 '9 �\ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,July 4, 07 Notary Public i> , c/Li/ay/tr.) 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: 286689211 Invoice Amount: $127.17 PO Number: NO PO Amount Enclosed: $ SOUTHLAKE ORDINANCE NO. 662-C AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEX- AS,AMENDING THE DROUGHT CONTIN- GENCY PLAN FOR THE CITY OF SOUTHLAKE, TEX- AS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RE- SPONSE STAGES FOR LOCAL WATER DELIVERY LIMITA- TIONS AND COM- PLIANCE WITH THE CITY OF FORT WORTH'S DROUGHT CONTINGENCY/ EMERGENCY WA- TER MANAGEMENT PLAN; ESTABLISH- ING RESTRICTIONS ON CERTAIN WA- TER USES- ESTAB- LISHING PENALTIES FOR THE VIOLA- TION OF AND PRO- VISIONS FOR EN- FORCEMENT OF THESE RESTRIC- TIONS; ESTABLISH- ING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMU- LATIVE AND SEV- ERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. SECTION 2 Violations and 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-i plemented by the City Manager as'' prescribed in 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) If 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 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 violat- ing, disobeying, omitting, neglecting or refusing to comply with a measure im- plemented in accor- dance 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. PASSED AND AP- PROVED THIS THE 17th DAY OF JULY, 2007, DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne.' City Secretary