0662ORDINANCE NO. 662
AN ORDINANCE FOR THE CITY OF SOUTHLAKE ESTABLISHING A
YEAR-ROUND WATER CONSERVATION POLICY AND DROUGHT
CONTINGENCY PLAN TO REDUCE PEAK WATER USAGE TO ENSURE
TItE HEALTH AND SAFETY OF SOUTHLAKE CITIZENS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS OF THE PLAN; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WIIEREAS, the Cit? of Southlakc is a home rule city acting under its charter adopted by
the clcctorate pursuant to .~M'ticle XI, Section 5 of thc Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council wishes to adopt a Water Conservation Policy and Drought
Contingency Plan which provides for the reduction of water usage by customers of the Southlake
water system and the implementation of emergency measures to reduce the demand upon the
Southlake water system during drought conditions; and
WHEREAS, the City Council has determined that the adoption of the attached Water
Conservation Policy and Drought Contingency Plan is necessary in order to promote and preserve
fire safety, and public health and sanitation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS;
SECTION 1.
The City of Southlake hereby adopts a Water Conservation Policy and Drought Contingency
Plan, (the "Plan"), and a public education and information action plan for the dissemination of
information concerning the Water Conservation Policy and Drought Contingency Plan for the
encouragement of conservation, all as contained in Attachment "A", attached hereto and
incorporated as if fully set forth herein.
SECTION 2.
The city manager is hereby authorized to declare the existence of the trigger conditions for
mild and moderate conditions, as detailed in the Plan, to initiate the measures prescribed for such
conditions, and to terminate the conditions when the emergency has ended. Further, the mayor is
hereby authorized to declare the existence of the trigger conditions for sever conditions and critical
emergency conditions, as detailed in the Plan, and to initiate the appropriate actions prescribed for
such conditions, and to terminate the conditions when the emergency has ended.
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SECTION 3.
When the city manager or the mayor has made a determination that the conditions of a water
emergency exist, thc city manager or mayor may order that the emergency measures set forth in the
Plan be implemented. To be efl'ective, the order must be published in a newspaper of general
circulation in the city w'ithin tw'enty-l~ur (24) hours.
SECTION 4.
A person commits an offense if he 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 section,
it is presumed that a person has made. caused or permitted a use of water contrary to the measures
implemented if the mandatou' measures have been formally ordered consistent with the Plan and:
(1)
(2)
The manner of use has been prohibited by the Plan; or
The amount of xvater used exceeds that allow'ed by the Plan.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 6.
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
judgement 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 incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 662 or any other ordinances affecting which have
accrued at the time of the effective date of this ordinance; and, as to such accrued under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition
by the courts.
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SECTION 9.
]'he City SecretaD 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 then days after final passage of this ordinance,
as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in tull force and effect from and after its passage and publication as
required b> lax*,', and it is so ordained.
~ASSED AND APPROVED ON FIRST READING ON THIS
,1996.
DAY OF
ATTEST:
CI~FY SECRE~APTY -
~ DAY OF
~D~ND APPROVED ON SECOND READING ON THIS
1996.
~~x~ CITY SEC~TARY
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APPROVF. D AS TO FORM AND LEGALITY:
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ATTACHMENT"
WATER CONSERVATION POLICY
A. Education and Information
The City will promote water conse~'ation by informing the public of methods to conserve
water. The overall public education will be divided into three segments: a first-year
program, a long-term program, and a new customer program. Information presented in
Appendix B will be the basis Ibr public education as well as pre-printed brochures available
through thc Texas Water Development Board, the American Water Works Association, and
other appropriate sources.
First-Year Program
The first-year program will include the distribution of educational materials including
brochures and/or newsletters to all customers four times (once each quarter). The first
information to be distributed will explain the water conservation program. This initial
distribution will be accompanied by a newspaper feature article. Subsequent news releases
during the first year will correspond to information distribution times and at other times if
conditions warrant.
The educational materials and news releases will promote water conservation by informing
water users about ways to save water inside homes, in landscaping and lawn uses, and in
recreational uses. The water conservation methods to be emphasized by the City will
include:
Bathroom water saving hints
Kitchen water saving hints
Laundry water saving hints
Appliance and plumbing practices
Outdoor water conservation
The water conservation plan will be distributed to water users by mail. In addition to
newspaper articles and broadcast on the City's cable channel, other means of communication
will be considered (such as posters and public displays) if conditions warrant.
Long-Term Program
The 10ng-term program will include semi-annual distribution of educational materials and
news releases corresponding to peak summer and winter demand periods. The news releases
will be used to provide information on water conserving practices, encourage water
conservation and report progress on achieving the City's water conservation goal.
Additionally, water consetwation will be stressed during visits at area schools when the City
participates in National Public Works Week in late Spring. Other news releases may be
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used i f conditions warrant.
Ne,,*,' Customer Program
New customers ,,,,'ill receive the initial conservation education material that describes the
conservation program and other general conservation information when they apply for
ser,,ice. These customers will then be included in the first-year or long-term as appropriate.
Water Conservine Landscapin~
In order to reduce the demands placed on a water system by landscape watering, the City,
through its respective education and information programs, shall encourage customers and
local landscaping companies and irrigation practices by the following methods:
Encourage home owners and landscape architects/contractors to use low water plants
and grasses and efficient irrigation systems.
Request public organizations and commercial establishments to discontinue irrigation
practices between the hours of 10 a.m. to 6 p.m.
Encourage irrigation contractors and commercial establishments to use drip irrigation
systems when possible and to design all irrigation systems with water conservation
features, such as large drop rather than fine mist sprinklers.
Encourage local nurseries and other businesses to offer adapted, low water using
plants and grasses and efficient landscape watering devices.
Leak Detection and Repair
The City will continue its ongoing leak detection, location and repair programs. Waterline
leaks are detected by utility personnel while reading meters, maintaining their water and
wastewater systems, and while performing other routine surveillance programs.
Additionally, water audits shall be utilized to determine if leaks exist which have gone
undetected.
Implementation and Enforcement
Generally, the City will provide overall guidance and assistance to the customer in the
implementation of this plan. Specifically, the City will provide public education/information
services to the customer and be responsible for the submission of an annual report to the
Texas Water Development Board which will include the following information:
2.
3.
4.
Progress made in the implementation of the program.
Public information which has been distributed.
Public response to the program.
Effectiveness of the program.
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The City, shall be responsible for the implementation and enforcement of the specific water
conserving activities contained within the Plan and for reporting an evaluation to the Texas
Water Dexelopmcnt Board on the efl'ectiveness of the program. This implementation and
eMbrcemcnt x~ill be in accordance with the respective ordinances or resolutions as adopted
by the City.
DROUGttT CONTINGENCY PLAN
A. Trigger Conditions
The initiation of drought contingency measures by the City of Southlake must inherently be
determined on a case-by-case basis with consideration given to weather conditions, time of
year, prevailing system capacities, and prevailing contractual arrangements with supplier(s).
The City shall utilize the following trigger conditions in conjunction with other utility
specific, real time factors to initiate drought contingency measures:
Mild Conditions - Daily water demand reaches or exceeds 70% of the production
capacity of the system for 5 consecutive days. Declaration made by City Manager.
Moderate Conditions - Daily water demand reaches or exceeds 80% of the
production capacity of the system for 5 consecutive days. Declaration made by City
Manager.
Severe Conditions - Daily water demand reaches or exceeds 90% of the production
capacity of the system for 5 consecutive days; or the imminent or actual failure of a
major component of the system is experienced which can cause an immediate health
or safety hazard. Declaration made by the Mayor.
Critical Emergency Condition - Due to natural or other disaster, the water supply is
not dependable and may not be suitable for human consumption. Declaration made
by the Mayor.
B. Drought Contingency Measures
Based upon the prevailing conditions, the City shall take some or all of the following actions,
as appropriate, when trigger conditions are reached.
1. Mild Conditions
Inform the public through the news media that a trigger condition has been
reached, and that the public should look for ways to voluntarily reduce water
use and provide specific steps which can be taken.
Notify major commercial water users of the situation and request voluntary
use reductions.
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c. Publicize a voluntary_ lawn watering time schedule.
During winter months request water users to insulate pipes rather than
running water to prevent pipes from freezing.
2. Moderate Conditions
a. Continue current actions initiated in the preceding phase.
Car washing (except for commercial washes), window washing, and
pavement washing shall be prohibited except when only a bucket is used.
The following public water uses, not essential for public health or safety,
shall be prohibited:
1. Street washing.
2. Water hydrant flushing.
3. Complete filling of new or repaired swimming pools.
4. Athletic field watering (golf course).
A mandatory_ lawn watering time schedule shall be imposed. The following
schedule is recommended for implementation, however, an alternate schedule
may be used if it is found to be more effective.
Customers with odd-numbered street addresses may water on odd-numbered
days and customers with even-numbered street addresses may water on even-
numbered days. Watering shall be permitted only between the hours of 4:00
a.m. to 8:00 a.m. and 8:00 p.m. to 10:00 p.m.
3. Severe Conditions
a. Continue all current actions initiated in the preceding phases.
All outdoor water use, not essential for public health or safety, shall be
prohibited.
Based upon prevailing conditions, establish maximum water use limits for
commercial and residential users, and establish monetary fines or surcharges
to be levied for exceeding water use limits.
4. Critical Conditions
All uses of the public water supply will be banned except in cases of
emergency or fire suppression.
b. In this condition water use will be limited, and water should be boiled prior
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to use (other than fire suppression) to ensure purity.
C. Information and Education
The purpose of drought contingency measures as a part of this Plan will be conveyed to the
public as part of and in the same manner as the Water Conservation Plan. When trigger
conditions appear to be approaching, the public will be informed through local newspaper
articles and/or radio/television broadcasts. Throughout the period ora trigger condition,
regular articles broadcasts will be used to inform the public of the current condition and
conservation measures for the condition.
D. Termination of Trigger Conditions
As drought or emergency conditions lessen, a determination will be made when a particular
drought condition no longer exists. Upon such determination, the drought measures for and
enforcement of that particular drought condition shall terminate. The public will be notified
of the termination of any or all drought conditions and related drought measures in the same
manner as described in C above.
E. Implementation and Enforcement
The Drought Contingency Plan shall be implemented and enforced by ordinance or
resolution of the City of Southlake.
G. Update of Trigger Conditions
Annually, or upon any significant change in water supply or production capability the City
shall review the water system capabilities in order to determine actual trigger conditions
based upon the guidelines described in Section III. A. of this Plan.
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ATTACHMENT "B"
Action Plan on Education and Information
The public education process ~vill consist of the following programs:
A pamphlet ("Homeowners Guide to Water Use and Water Conservation") will be distributed
by mail using preprinted labels at a date yet to be decided. The pamphlets are made available
to us free from the Texas Water Development Board.
A press release will run both the week before the distribution and the week of the distribution
to make readers aware that the pamphlet is being mailed out.
Water saving tips will be included, on a quarterly basis, in the monthly city newsletter.
Additionally, these water saving tips will be broadcast periodically, year round, on the City cable
channel.
3. A summary of information from the various pamphlets will be included in a packet/pamphlet,
provided by the Public Works Department, and given to residential customers when they open
a new account.
4. Water conservation information and educational materials will be provided for the Southlake
Program for the Involvement of Neighborhoods (SPIN) meetings. SPIN members will then be
fundamental in the dissemination of water conserving practices through out the community.
Water conservation information and educational materials will be provided at local elementary
schools during presentations by the Public Works Department during the City's aimual
participation in National Public Works Week. (This event is usually scheduled in May).
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Star-Telegram FED. ID. NO. 4
AD ORDER NO. 2262527
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
• STATE OF TEXAS
nty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
8/09ME 2262527 NOTICE OF PUBLIC I358 lx 55L 55 . 66 36. 30
NOTICE OF PUBLIC HEARING
I NOTICE IS HEREBY GIVEN to 0 8/0 9-0 8!0 9
all interested persons that .-_..._.._.._.__._.
the,City Council of the City of
$oyth ke, Texas will be
"htlfa1'' a public hearing dur-
'ing'f Regular City Council
,Meetilis to be held on Au-
' 1996 at 6:00 p.m.
'Trrtha.Ci Council Chambers
-of-6ity Hall, 667 North Car-
'OltAvenue, Southlake, Tex-
-,1§,. of the hearing is,to
c6nbider the second reading
,ofthefollowin ordinance:
ORDINANCE NO.662
AN ORDINANCE OF THE CITY
OF$OUTHLAKE ESTABLISH-
ING A YEAR-ROUND WATER
CONSERVATION POLICY
AND DROUGHT CONTINGEN-
'CY'PLANT TO REDUCE PEAK
WATER USAGE TO ENSURE
THE HEALTH AND SAFETY
SOUTHLAKE CITIZENS;
VIDING THAT THIS ORDI-.
NCE SHALL BE CUMULA-i
' OF ALL ORDINANCES;
WpING A SEVERABILITY
CLAISE:PROVIDING A PEN-
S' , E -PONVI LATIO G°ASWORN TO BEFORE ME, THIS THE 12tiDAY OF AUGUST , 996
sAr. O CLAUSE;PUBLICATION
^
7T 0°FFICIALR BNEWSPAPER, � 4~�, eN����� "'r`JN\RY p
.AN ROVIDING AN EFFEC- ��""`�si� Notar Public
.i-T TE. = r, RHONDA R. GOKE y
ant arson, firm Nor,corpora- $f '•s COMMISSION EXPIRES
tiq�e°,violates, disobeys, 0 i�r.._ +/
orfni€si neglects or refuses 4,1t.. •*+'� SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS
.tQc1 comply with or who re- ��%``or��-*'
.VMS'the enforcement of any _�+,it`WWW11.
of the provisions of this ordi-
vmoree,than be Two Thousand
ot
I,Dgnars (S2,o00.00) for ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
eachOffense.
t'ach day that a violation is
- permitted to exist constitute TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
a seppt�rate offense. -----.A
City o(Southlake
S8h ecretaGrand
6`Ify�Ecretary CatAtd
Star-"I'elegrani
REMIT TO: PO. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
2262527 ACCOUNT CIT57 AMOUNT 36. 30
NUMBER DUE
PAGE 1 °pi IF ANY QUESTIONS, PLEASE CALL(817)390-7885
CITY OF SOUTHLAKE
S
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY 1 36. 30
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED
rtU. LU. INV. ZZ-314tfZO4
Star-Telegram AD ORDER NO. 2130593
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
STATE OF TEXAS
ty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
7/19ME 2130593 NOTICE OF PUBLIC I358 1x 28L 28 . 66 18 . 48
07/19-07/19 '
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN to
all interested persons that
the City Council of the City of
Southlake,Texas,on will be-
holding a public hearing on
August 6, 1996, in the City
Council Chambers of City _._.. .
Hall, 667 North Carroll Ave-
nue, Southlake, Texas, be-
ginning at 7:00 p.m. Pur-
pose, of the hearing is to
consider the second reading
of the following ordinance:
ORDINANCE NO.662
AN ORDINANCE FOR THE
CITY OF SOUTHLAKE ES-
TABLISHING A YEAR ROUND
WATER CONSERVATION
AND DROUGHT CONTINGEN-
CY PLAN TO REDUCE PEAK ' `
• WATER USAGETH ENSURE
THE HEALTH AND SAFETY
OF SOUTHLAKE CITIZENS. SIGN City of Southlake
%s/Sandra L.LeGrand,
SUBSCRIBED AND SWORN "rve°ret"� ,,1� ,,tg111-1a,„Th -0 22nd DAY OF JULY 1996��
�'P '�'n RHONDA R. GOKE$'?' NotaryPublic �- e
3• �fc l COMMISSION EXPIRES
'�i e... ,-tom;11-i S�PTEI�IBER 8, 1999
�. v TARRANT COUNTY,TEXAS
PL ASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
' bk\,
4�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�A
\
Star-'Felegrarri REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
2130593 NUCM ERT CIT57 AMOUNT
18. 48
PAGE 1 oF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
S
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092-9595 PLEASE PAY 18 . 48
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED