Dominion HOA - ROWRIGHT OF WAY MAINTENANCE AGREEMENT
This AGREEMENT is entered into this 19th day of January, 2018, by and between the CITY OF
SOUTHLAKE, TEXAS, a municipal corporation (hereinafter referred to as "City"), and Southlake
Dominion HOMEOWNERS' ASSOCIATION, a non-profit corporation ("Association"), both acting
through their duly authorized officers.
WITNESSETH:
WHEREAS, Association is a non-profit corporation established for the benefit of all owners of
real property within the following subdivision, The Dominion, an addition to the City of
Southlake, Tarrant County, Texas (the "Development"); and
WHEREAS, City is the owner of certain improved dedicated streets, medians, right of way and
public property, as more particularly shown on Exhibit A attached hereto and made a part hereof
(the "Right of Way"); and
WHEREAS, for the benefit of the Development and the owners of real property within the
Development, Association desires to undertake certain maintenance activities with respect to
the Right of Way on the terms and conditions set forth herein; and
WHEREAS, City and Association desire to contract for Association to perform certain
maintenance activities on and with respect to the Right of Way under the terms and conditions
set forth herein; NOW, THEREFORE, for and in consideration of the covenants herein, the said
parties do hereby agree as follows:
Term
A. This Agreement shall commence on the date of full execution hereof and shall
remain in effect until such time the City and/or the Association elects to terminate this
agreement in writing in accordance with Article IV.
II. Maintenance Obligations of Association
A. Association, through its contractors, and at its sole cost and expense, shall
furnish all labor, materials, equipment, accessories and services necessary to maintain the
Right of Way in a condition and standard equal to or greater than the minimum standards for
landscape maintenance of Right of Way maintained by the City, as set forth in Exhibit B
attached hereto, and subject to any amendments to said minimum standards during the term of
this Agreement.
B. Association shall be solely responsible for hiring, paying, managing and directing
its contractor. In performing any and all obligations hereunder, the Association's contractor shall
be deemed an independent contractor and not an agent, contractor or employee of the City. The
City is interested only in the results obtained and not in the methods used in achieving the
results. However, prior to the commencement of any maintenance work under this Agreement,
City shall have the right to approve any contractor hired by Association, but such approval shall
not be unreasonably withheld.
C. Association shall cause to be performed the basic landscape maintenance
services shown on Exhibit B attached hereto. Association may perform services not specifically
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listed on Exhibit B. Association will notify City in writing if Association determines that any
additional services are necessary or advisable. City, at its sole cost and discretion, may perform
or arrange for any such additional services, repairs or replacement directly with Association's
designated contractor or through third parties chosen by City.
III. Water Equivalency Credit
A. City acknowledges, confirms and agrees that, but for the Agreement of the
Association herein to maintain the Right of Way, the maintenance of the Right of Way would be
at the sole cost and expense of the City. For and in consideration of the services to be
performed by Association, City agrees to provide to Association a water equivalency credit with
respect to water used for irrigation of the Right of Way equal to 50 percent of the city's cost per
square foot to irrigate city maintained Right of Way based on the then -current City standards for
Right of Way water maintenance (the "Water Equivalency Credit").
B. The Water Equivalency Credits shall be based upon the then current applicable
City's water rate, as amended from time to time and shall be limited to the true realized cost of
water purchased by the association from the City of Southlake. The Water Equivalency Credit
shall be tied to the individual account associated with this agreement. Credit shall be given on a
monthly basis and shall not exceed the monthly billed water consumption for said month or the
associated monthly water equivalency credit for that given month, whichever is the lesser of the
two.
C. Association agrees to comply with any citywide ordinances, regulations or
directives, which limit or restrict water usage to certain hours or days. Further, Association
agrees to implement conservation measures as described in Exhibit C.
D. City's Zoning Landscape Inspector and/or other City designee shall reserve the
right to inspect, announced or unannounced, the maintenance services provided by the
Association.
a. On or about April 1-15 and September 1-15, of each fiscal year, the City
shall inspect said maintenance service areas to ensure proper
maintenance standards have been met.
b. A report will be submitted to the City's Finance Department, Utility Billing
division, as to the acceptable and/or unacceptable conditions of the Right
of Way.
City shall communicate to the Association, in writing, any unacceptable
conditions, with a list of items that fall below the City's minimum standard
requirements as well as potential options and improvement deadlines
necessary for the Association to remedy.
d. Failure of the Association to remedy those identified items falling below
the City's minimum standard, may result in the loss and/or forfeiture of
water equivalency credits realized during said fiscal year.
IV. Termination
A. Termination by Association. Upon 30 days' written notice to City, Association
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may terminate this Agreement if City materially breaches this Agreement and if, during such 30
day period, City fails to either cure or commence and continue reasonable remedial measures.
In that event, Association shall be entitled to a proportionate share of the Water Equivalency
Credits as determined by the City for all services correctly performed through the date of such
notice of termination.
B. Termination by City. In the event that Association materially breaches this
Agreement, City may give Association written notice of the breach, and if Association fails to
cure the breach, City may terminate this Agreement upon 30 days' written notice to Association.
In such event, City shall issue to Association a proportionate share of the Water Equivalency
Credits as determined by the City for all services correctly performed through the date of such
notice of termination. City shall have no further liability to Association.
C. Termination without Cause. Either Party may terminate this Agreement, without
cause, by providing sixty (60) days' written notice to the other party.
V. Miscellaneous Provisions
A. Association, its representatives, successors, or assigns hereby covenants and
agrees that no claim, loss, cause of action, suit or other action for damages resulting from
death or personal injury to third party, or damage to personal property belonging to any of the
above, and based in any manner upon the landscaping, irrigation, and maintenance of the
Right of Way by Association will ever be instituted by Association, its representatives,
successors, or assigns against City so long as the Association is responsible for maintenance
pursuant to this Agreement.
B. ASSOCIATION COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER
REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
MAINTENANCE, OF THE RIGHT OF WAY, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND
ASSOCIATION HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH
CLAIMS OR SUITS. ASSOCIATION SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND
ALL ACTS OR OMISSIONS OF ASSOCIATION, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
C. Association agrees to maintain public liability insurance covering all public risks
related to the Association's use and occupancy of the Right of Way. The amounts of such
insurance shall be not less than the following:
Property damage, per occurrence $100,000
Personal injury or death, per occurrence $1,000,000
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The liability insurance policy shall name City, its employees and officers as additional insureds.
Association shall provide to City proof of such insurance coverages. The amount of all required
insurance policies is not deemed to be a limitation on Association's agreement to indemnify and
hold harmless City, and in the event Association or City become liable in an amount in excess of
the amount or amounts of the policies, then Association must save City harmless from the
whole
liability.
D. Upon completion, expiration or termination of this Agreement, and at the time of
turning maintenance responsibilities over to the City, Association, at its sole expense, shall
furnish all labor, materials, equipment, accessories and services to ensure that the Right of Way
are turned over to the City in a condition equal to or greater than the minimum standards set
forth in Exhibits A and B, as may be amended or revised from time to time, and as required by
this Agreement.
E. This Agreement and all requirements hereunder may be modified or amended
only by written agreement of the parties.
F. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement, and Tarrant County shall be the exclusive
venue for bringing any action to enforce the terms and conditions of the Agreement.
G. If any provision of this Agreement is held to be illegal, invalid, void or
unenforceable under present or future laws effective during the term of this Agreement, the
legality, validity and enforceability of the remaining provisions of this Agreement shall not be
affected thereby, and in lieu of such illegal, invalid, void or unenforceable provision, there shall
be added automatically as part of this Agreement a provision as similar in terms to such illegal,
invalid, void or unenforceable provisions as may be legal, valid and enforceable.
H. All notices under this Agreement must be given in writing by certified or
registered mail, addressed to the proper party at the addresses set forth on the signature page
of this Agreement. Any notice required by this Agreement shall be deemed given and received
when deposited in a facility maintained by and under the control of the United States Postal
Service, postage prepaid, and properly addressed in accordance with this paragraph. Either
party may change the person or address to which notices are to be sent by sending written
notice of the new designee or address in accordance with the provisions of this paragraph.
I. Each signatory hereto expressly asserts that he or she has proper authority to
enter into this Agreement.
J. Neither party shall assign their interest in this Agreement without the written
consent of the other party.
K. The failure of either party to insist, in any one or more instances, on the
performance of any of the terms, covenants or conditions of this Agreement, or to exercise any
of its rights, shall not be construed as a waiver or relinquishment of such term, covenant or right
with respect to further performance.
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L. The parties hereto agree that this Agreement was jointly drafted and that they
both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing
its terms prior to execution. Thus, this Agreement shall be considered neither against nor in
favor of either party, but shall be construed in a neutral manner.
M. The provisions of this agreement, which by their nature are intended to survive
the termination, cancellation, completion or expiration of this Agreement, including, but not
limited to, any indemnities or any express limitation of or releases from liability, shall continue
as valid and enforceable obligations of the parties notwithstanding any such termination,
cancellation, completion or expiration.
N. Both parties agree that time is of the essence in the performance of this
Agreement.
O. This Agreement shall supersede any prior agreements between City and
Association relating to the maintenance of Right of Way and to the extent any such agreements
exist, they are specifically amended so this Agreement shall be controlling.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first written above.
ATTEST:
CITY OF SOUTHLAKE, TEXAS
Ai� By:
6WOLAtiW Bok� X-RMC
City Secretary
�I)bna Yelverton
y Manager
1400 Main Street, Suite 440
Southlake, Texas 76092
HOMEOWNERS' ASSOCIATION
M
Address for notice:
Name of HOA:
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ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 20
My commission expires:
Notary Public in and for the State of Texas
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EXHIBIT A
RIGHT OF WAY
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EXHIBIT B
SOUTHLAKE MOWING MAINTENANCE SPECIFICATIONS
1.1 STATEMENT OF INTENT
The standards contained herein are the minimum requirements accepted by the City for
the services described in the Right of Way Maintenance Agreement.
1.2 SCOPE OF WORK
A. Maintenance services shall include but not be limited to mowing, hedging,
pruning, edging and bed maintenance of identified areas, Right of Way and
medians.
B. Maintenance services for all Public Right of Way, medians, and other public
areas shall be performed to the standards set herein.
Right of Way: Shall mean the area extending from the right or left of the center
line of the road bed or paved surface to the nearest property line: that includes,
but is not limited to: medians, curbs, sidewalks, retaining walls, drainage ditches,
barrow ditches, and any other areas owned, dedicated, used or reserved for
public use.
Median: Shall mean the center island of the roadway from curb line to curb line
plus all traffic triangles. This includes curb and gutter joints where the curb meets
the roadway and hardscape areas from end of the grass to the curb.
1.3 MAINTENANCE INSPECTION AND REPORTING
A. Inspections
i. Association shall be responsible for inspection of the entire property and for
the performance of all services required and referred to in these
specifications. The City reserves the right to inspect, either announced or
unannounced, the maintenance services provided by the Association.
ii. At least twice per year.
1.4 ASSOCIATION'S GENERAL PERFORMANCE
Association shall ensure the following:
A. Association's Contractor's employees shall be dressed in presentable manner.
B. Association's Contractor's employees shall wear safety vests while working in
public Right of Way and streets.
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C. Association's Contractor's employees shall operate equipment in a safe and
effective manner at all times. All safety switches, guards, and shield must be
operable. Vehicles must be licensed and marked with Contractor name.
D. The Association and/or its Contractor shall submit immediate notification to the
City when a situation or event occurs concerning safety, health or public property
damage, or involving issues with electric or water utilities where immediate
response is needed.
1.5 MOWING
A. Association's Contractor shall remove all trash and litter from the site prior to
mowing turf areas. Any debris scattered by the mowing process shall be cleaned
up by Contractor prior to leaving the site.
B. All mowed areas shall be free of clumped grass cuttings and turf shall be cut in a
professional manner so as not to scalp turf or leave areas of uncut grass.
C. Areas that are impossible to mow mechanically due to slopes and ditches must
be cut with string trimmers or other acceptable methods.
1.6 TRIMMING AND EDGING
A. Trimming: shall refer to the use of string trimmers around mowing area obstacles,
and includes expansion joints and any other cracks in curbs, sidewalks,
driveways and any other hard surface within the mowing area.
B. Chemical Trimming: Shall refer to the use of herbicides as an alternate to the
physical removal or cutting of plant material.
C. Edging: Shall refer to the physical removal of all plant material which encroaches
over or onto sidewalks, curbs, steps, driveways, and pavements.
Association's Contractor shall not use line trimmers around any trees. The
use of non-translocating herbicides to maintain a clear area six (6) inches
from the trunks of trees is acceptable.
D. Association's Contractor shall use chemical and/or mechanical means to
maintain all pavement lines and cracks in a weed free condition.
1.7 WEEDING / CULTIVATING
Association's Contractor shall remove weeds as needed to maintain all areas in a weed
free condition.
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1.8 HERBICIDES / FERTILIZERS
Association's Contractor shall ensure that all liquid herbicide applications contain a
water-soluble dye (blue or green) used in strength adequate for visual identification.
Care shall be taken to avoid overspray of dyed solutions onto walks, curbs, walls, signs,
and other features. Any overspray shall be removed from these areas immediately.
1.9 IRRIGATION INSPECTIONS
All irrigation systems covering areas maintained by Association shall be inspected
monthly by a Texas Licensed Irrigator. Systems shall be maintained in efficient working
order. Association shall assume cost of repairs to system and shall indemnify or
reimburse such expenses or costs that result from unauthorized or accidental damage to
irrigation system.
2.0 MULCHING
Association's Contractor shall mulch all shrub beds to two (2) inch depth in early spring
(March) and early fall (October). Mulch is to be spread such that no previously laid mulch
is visible and that no bare areas of soil are visible at any time.
2.1 POST SERVICE CLEAN UP
A. Association's Contractor shall leave the area with a finished appearance, and
pick up and dispose of all trash and debris resulting from maintenance
operations.
B. Association's Contractor shall remove and dispose of all trash which has
accumulated within maintenance areas including ponds and drainage areas.
2.2 PROTECTION AND RESTORATION
A. TREES
Association's Contractor shall conform to the City's most current Tree
preservation Ordinance 585-B.
B. EXISTING STRUCTURES AND UTILITIES
The Association shall indemnify or reimburse such expenses or costs (including
fines that may be levied against the Owner) that may result from unauthorized or
accidental damage to all public lines and utility customer service lines in the work
area. The City reserves the right to repair such damages that the Association
and/or its Contractor may cause, and to collect payment from the Association to
cover the cost of repairs.
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C. LANDSCAPE RESTORATION
Protection, removal and replacement of existing landscaping will be in
accordance with either landscape regulations, zoning requirement and/or most
current Landscape Ordinances of the City of Southlake.
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EXHIBIT C
CONSERVATION MEASURES
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DIVISION 3. - WATER CONSERVATION
Southlake, TX Code of Ordinances
Sec. 19-55. - Plan adopted.
(a) Purpose and scope. The purpose of this section is to revise the city's plan to promote the efficient use of
the water resources available to the region by establishing rules for irrigation uses, preventing the waste
of water and recommending best management practices to promote water conservation. This section
applies to all persons and premises within the city using water from the city's water system.
(b) Water conservation plan. The City of Southlake, Texas, hereby adopts amendments to the Water
Conservation Plan, (the "plan"), to which this section is attached as Appendix "A".
APPENDIX "A"
WATER CONSERVATION PLAN
1.0 INTRODUCTION AND OBJECTIVE
Water supply has always been a key issue in the development of Texas. In recent years, the increasing
population and economic development of North Central Texas have led to growing demands for water
supplies. At the same time, local and less expensive sources of water supply are largely already developed.
Additional supplies to meet future demands will be expensive and difficult to secure. Severe drought
conditions in recent years have highlighted the importance of the efficient use of our existing supplies to
make them last as long as possible. Extending current supplies will delay the need for new supplies,
minimize the environmental impacts associated with developing new supplies, and delay the high cost of
additional water supply development.
Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental
Quality (TCEQ) has developed guidelines and requirements governing the development of water
conservation plans. The City of Southlake has developed this water conservation plan in accordance with
TCEQ guidelines and requirements. To develop a regional approach, Tarrant Regional Water District's and
City of Fort Worth's Water Conservation and Drought Contingency Plan, of whom the City of Southlake is a
customer, were consulted. This Water Conservation Plan replaces the previous plan dated March 2009.
In addition, the City of Southlake developed this water conservation plan with guidance from the City of
Southlake Water Conservation Master Plan (Master Plan), an element of the Southlake 2030
Comprehensive Plan, a copy of which is provided in Appendix C. The Master Plan was adopted by Southlake
City Council on April 16, 2013 after careful consideration from the public, council members, and staff. This
water conservation plan includes goals identified in the Master Plan.
The City of Southlake recognizes that in order to achieve its goals of maximizing water conservation and
efficiency, it is necessary to develop and implement a water conservation plan that goes beyond basic
compliance with TCEQ guidelines and requirements. This plan reflects the City of Southlake's commitment
to enhanced water conservation and efficiency strategies. The objectives of this Water Conservation Plan
are as follows:
• To reduce water consumption from the levels that would prevail without conservation efforts;
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• To reduce the loss and waste of water;
• To improve efficiency in the use of water;
• Encourage efficient outdoor water use;
• And, to extend the life of current water supplies by reducing the rate of growth in demand.
The city's plan will achieve significant conservation savings to help extend the life of existing supplies
without burdening the customer with unnecessary additional costs.
2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
2.1 TCEQ RULES GOVERNING CONSERVATION PLANS
The TCEQ rules governing development of water conservation plans for public water suppliers are
contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. For
the purpose of these rules, a water conservation plan is defined as "A strategy or combination of strategies
for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of
water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse
of water, and for preventing the pollution of water." The elements in the TCEQ water conservation rules
covered in this conservation plan are listed below.
2.1.1 MINIMUM CONSERVATION PLAN REQUIREMENTS
The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Public
Water Suppliers are covered in this report as follows:
• 288.2(a)(1)(A)—Utility Profiles —Section 3.0 and Appendix B
• 288.2(a)(1)(B)—Record Management System —Section 5.2
• 288.2(a)(1)(C)—Specific, Quantified Goals —Section 4.0
• 288.2(a)(1)(D)—Accurate Metering —Section 5.2
• 288.2(a)(1)(E)—Universal Metering —Section 5.2
• 288.2(a)(1)(F)—Determination and Control of Water Loss —Section 5.2 and 5.3
• 288.2(a)(1)(G)—Public Education and Information Program —Section 6.1
• 288.2(a)(1)(H)—Non-Promotional Water Rate Structure —Section 6.2
• 288.2(a)(1)0)—Means of Implementation and Enforcement —Section 6.3
• 288.2(a)(1)(K)—Coordination with Regional Water Planning Group —Section 6.4 and Appendix D
• 288.2(c)—Review and Update of Plan —Section 8.0
2.1.2 CONSERVATION ADDITIONAL REQUIREMENTS (POPULATION OVER 5,000)
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The Texas Administrative Code includes additional requirements for water conservation plans for drinking
water supplies serving a population over 5,000:
• 288.2(a)(2)(A)—Leak Detection, Repair, and Water Loss Accounting —Section 5.3
• 288.2(a)(2)(B)—Wholesale Water Supply Contract Conservation Measures —Fort Worth Wholesale
Water Contract
2.1.3 ADDITIONAL CONSERVATION STRATEGIES
The Texas Administrative Code lists additional conservation strategies, which may be adopted by suppliers
but are not required. Additional strategies adopted by the City of Southlake include the following:
• 288.2(a)(3)(A)—Conservation Oriented Water Rates —Section 6.2 and 7.2.1
• 288.2(a)(3)(B)—Ordinances, Plumbing Codes or Rules on Water -Conserving Fixtures —Section 7.1.3
and 7.2.6
• 288.2(a)(3)(D)—Reuse and/or Recycling of Wastewater and/or Greywater—Section 7.3.4
• 288.2(a)(3)(F)—Considerations for Landscape Water Management Regulations —Section 7.1
2.2 GUIDANCE AND METHODOLOGY FOR REPORTING ON WATER CONSERVATION AND WATER USE
In addition to TCEQ rules regarding water conservation, this plan also incorporates elements of the
Guidance and Methodology for Reporting on Water Conservation and Water Use developed by TWDB and
TCEQ, in consultation with the Water Conservation Advisory Council (Guidance). The Guidance was
developed in response to a charge by the 82nd Texas Legislature to develop water use and calculation
methodology and guidance for preparation of water use reports and water conservation plans in
accordance with TCEQ rules. The City of Southlake has considered elements of the Guidance in preparation
of this Plan.
3.0 DESCRIPTION OF SERVICE AREA AND UTILITY PROFILE
The City of Southlake provides retail water and sewer service to approximately 27,500 residents (2014
population estimate). Figure 3-1 shows Southlake's water service area.
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FIGURE 3-2: TARRANT REGIONAL WATER DISTRICT SUPPLY SOURCES
1. The West Fork of Trinity River via Lake Bridgeport, Eagle Mountain Lake and Lake Worth;
2. 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.)
3. Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth; and
4. Richland -Chambers Reservoir, located approximately 75 miles southeast of Fort Worth.
The city has two pressure planes with its service area. Storage capacities and pumping capacities for
delivering water are show below in Tables 3-1 and 3-2.
TABLE 3-1: 2013 STORAGE CAPACITIES
Water Storage
Ground Elevated
High Pressure Plane 15 MG 4_5 MG
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1.5 MG
TABLE 3-2: 2013 PUMPING CAPACITIES
Rated
Capacity
*Operating
Capacity
**Pump Station
Total Operating
Firm Capacity
GPM
GPM
MGD
Pearson Pump Station —High Pressure Plane
Pump 1
2250
2360
6.8
Pump 2
2250
2360
Pump 3
2250
2360
Pearson Pump Station —Low Pressure Plane
Pump 1
3474
4600
19.9
Pump 2
3474
4600
Pump 3
3474
4600
Pump 4
3474
4600
T. W. King Pump Station —Low Pressure Plane
Pump 1
3474
2360
12.5
Pump 2
3474
2360
Pump 3
3474
2360
Total Pumping Capacity
39.2
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* Operating Capacity: Pumping Capacity operating against system pressure
** Total Operating Firm Capacity: Pumping capacity with largest pump out of service while operating
against system pressure
4.0 SPECIFICATION OF WATER CONSERVATION GOALS
TCEQ rules require the adoption of specific water conservation goals for a water conservation plan. The
goals for this water conservation plan include the following:
• Maintain the 5-year moving average total per capita water use below specified amount in Table 4-1.
• Maintain the level of water loss in the system below the specified amount in Table 5-2.
• Maintain a program of universal metering and meter replacement and repair as discussed in
Section 5.2.
• Increase efficient water usage and decrease waste in lawn irrigation by enforcement of landscape
water management regulations as described in Section 7.1.
• Raise public awareness of water conservation and encourage responsible public behavior by a
public education and information program as discussed in Section 6.1.
In the previous (2009) plan, total per capita use goals were 190 gpcd by 2015 and 180 gpcd by 2020 As of
2014, Southlake's five year average per capita use was 351 gpcd. The previous goal set for Southlake did
not account for Southlake's typical water use, but rather was an adoption of the Region C goal.
As such, the 2020 and 2025 goals have been revised to reflect more realistic goals based on current water
use. Southlake will use the suggested 1 % reduction in gpcd, per the Fort Worth Water Conservation Plan
(Section 4.0). The current specific goals are outlined in Table 4-1. These goals were developed assuming a
five year average per capita, and therefore some dry years will see higher per capita usage than these five
year average goals. A series of dry years may lead to an average exceeding the goal.
TABLE 4-1: GPCD GOALS (2014)
Description
2013
2020
2025
Total GPCD
333
327
311
Residential GPCD
238
231
221
a. Total GPCD = (Total Gallons in System _ Permanent Population) _ 365
b. Residential GPCD = (Gallons Used for Residential Use _ Residential Population) _ 365
4.1 ANALYSIS OF BEST MANAGEMENT PRACTICES
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During each update of the Water Conservation Plan the city has evaluated the Best Management Practices
(BMPs) outlined in the Water Conservation Best Management Practices Guide. In addition, the City of
Southlake has evaluated BMPs through the adoption of the Water Conservation Master Plan, as previously
discussed in Section 1.0 of this plan.
For a complete analysis of the BMPs, refer to Tables 4-2 and 4-3 on the following pages. Table 4-2 is the
implementation schedule of the BMPs for the practices the city has implemented and the proposed
implementation date for additional strategies. Table 4-3 lists BMPs with a quantifiable potential savings in
2020 and 2025, the proposed cost in 2020 and 2025, and the cost per thousand gallons.
TABLE 4-2: WATER CONSERVATION BEST MANAGEMENT PRACTICES
IMPLEMENTATION SCHEDULE
BMP
Description
Currently
Implemented
Implemented
Implemented
Implemented
Before 2015
Before 2020
Before 2025
5.3
System Water Audit and
✓
Water Loss
6.1.1
Youth Education
✓
6.1.2
Residential Consumer
J
Education
6.1.3
Licensed Trade
✓
Educational Outreach
6.1.4
Property
V
Management/Owner
Outreach
6.1.5
Partnerships with Water
Conserving Agencies
6.1.6
Develop a Landscape
✓
Guide
7.1.2
Twice Per Week Watering
J
Schedule
7.1.2
Prohibition on Wasting
✓
Water
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7.1.3
Irrigation Permitting and
✓
Review
Inspection
Program
7.2.1
Water Conservation
J
Pricing
7.2.2
Water Conservation
✓
Coordinator
7.2.3
10-Year Meter
✓
Replacement
7.2.4
Weather Information for
✓
Lawn Irrigation
7.2.5
Identify and Monitor Water
✓
Wells for Impact on
Municipal System
7.2.6
Plumbing Codes
✓
Review
Codes
7.2.7
Municipal Water
i
✓
Conservation Policy
7.2.8
Smart Meter Technology
i
✓
7.3.1, 7.3.2
Landscape Irrigation
✓
Conservation and
Incentives
7.3.3
Water Consumption
✓
Impact Analysis
I
7.3.4
Rainwater
I
✓
Harvesting/Graywater
TABLE 4-3: BEST MANAGEMENT PRACTICE COST-EFFECTIVENESS ESTIMATES
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BMP
Description
Annual Impact
MGD Savings (Est.)
Cost in $1,000.00
Cost/1,000 Gallons
(Est.)
(Est.)
2020
2025
2020
2025
2020
2025
7.1.2
Twice Per Week
1.15
1.15
10
10
0.008
0.008
Watering Schedule
and Prohibition on
Wasting Water
7.2.7
Smart Meter
0.5
0.5
50
50
0.10
0.10
Technology
7.2.1
Water Conservation
0.10
0.10
30/5 yr
30/5 yr
0.3/5 yr
0.3/5 yr
Pricing
5.3
System Water Audit
0.19
0.19
100
100
0.53
0.53
and Water Loss
7.2.3
Meter Replacement
0.5
0.5
325
325
0.65
0.65
(10 yr Cycle) and
Testing
7.3.1,
Landscape Irrigation
0.03
0.04
85
85
2.83
2.13
7.3.2
Conservation and
Incentives
5.0 METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER, AND LEAK DETECTION AND
REPAIR
One of the key elements in water conservation is careful tracking of water use and control of losses.
Programs for universal metering, meter testing, meter repair, and periodic meter replacement have been
developed using American Water Works Association (AWWA) standards and are important elements in the
City of Southlake's program to control losses.
5.1 PRACTICES TO MEASURE AND ACCOUNT FOR THE AMOUNT OF WATER DIVERTED FROM THE CITY OF
FORT WORTH
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Water delivered from the City of Fort Worth is metered both where it leaves the City of Fort Worth and six
(6) miles away where it enters the City of Southlake with technology no older than 2012. This allows better
leak detection in the delivery lines.
5.2 MONITORING AND RECORD MANAGEMENT PROGRAM FOR DETERMINING DELIVERIES, SALES, AND
1106114*1
The city has an effective record management system in place. As required by TAC Title 30, Part 1, Chapter
288, Subchapter A, Rule 288.2 (a)(2)(B), Southlake's record management system allows for the separation of
water sales and uses into residential, commercial, municipal, and industrial categories. This information is
included in the TCEQ required Water Conservation Implementation report, as described in Section 6.3.
5.2.1 METERING ALL NEW CONNECTIONS AND RETROFIT OF EXISTING CONNECTIONS
The city meters all connections in the distribution system. Meters range in size from 3/4" to 8". The meter
size distribution is included in Table 5-1 below. All meters meet AWWA accuracy standards when installed.
TABLE 5-1: METER SIZE DISTRIBUTION
Meter Size
Total
3/4"
610
1 "
7,107
2"
817
3"
60
4"
79
6"
17
8"
2
5.3 LEAK DETECTION, REPAIR AND WATER LOSS ACCOUNTING
The system water audit is used annually to monitor the total level of non -revenue water. There are many
variables which influence the revenue and non -revenue components of the city's water system including
meter inaccuracy, data discrepancies, unauthorized consumption, reported breaks and leaks and
unreported losses. This BMP corresponds to WC-10 of the Master Plan.
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The City of Southlake uses gallons per connection per day as its preferred water loss metric as it is less
variable than other metrics to climatic conditions. The five-year average water loss (gallons per connection
per day) was 25 GPCD or an average of 7%, as described in Section E of the Utility Profile (Appendix B).
The city will continue to track water losses throughout the system by analyzing and updating the targets
and goals of this section annually in conjunction with the water audit. Because the City of Southlake
continues to measure a low water loss volume and percentage, the city will commit to maintaining the
current water loss volume and percentage as a moving average through 2025, as shown in Table 5-2.
TABLE 5-2: WATER LOSS GOALS (2014)
Description
Units
5 yr avg
2020
2025
Water Loss GPCD
GPCD
25
25
25
Water Loss Percentage
%
7
7
7
6.0 OTHER REQUIRED CONSERVATION MEASURES
6.1 PUBLIC EDUCATION AND INFORMATION
Developing a strategy for providing water conservation information to the general public is an effective
means of both promoting specific water conservation programs and practices and educating the public
about the importance of using water efficiently. Programs will be tailored to the community and the
audience it is being delivered to. In Southlake, a focus on the residential water customer should be one of
the target audiences due to residential nature of the community. Developing an outreach program to
residents, business owners, property managers, HOA's and others whose decisions may influence water
use at a residential or commercial property will also help to raise awareness about water conserving
techniques and technologies and encourage the decision makers to choose best practices. The city has
identified the following Public Education BMPs to be implemented during this 5-year plan.
6.1.1 SCHOOL/YOUTH EDUCATIONAL PROGRAM
The city will develop a program focused on educating the city's youth in partnership with local school
districts, private schools and other youth oriented organizations. Programs should focus on awareness
about water use and how to adopt water conserving habits. This BMP corresponds to WC-1 of the Master
Plan.
6.1.2 RESIDENTIAL CONSUMER EDUCATIONAL PROGRAM
The city will develop a program for targeting residential consumers through various means such as
websites, media, direct mailings, personal contact, etc. These programs will focus on residential water use,
especially landscape water use, and how residents can take action to reduce water use. This BMP
corresponds to WC-2 of the Master Plan.
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6.1.3 LICENSED IRRIGATORS AND CONSTRUCTION TRADE EDUCATIONAL OUTREACH PROGRAMS
The city will partner, when possible, with other entities to develop or strengthen outreach programs to
licensed irrigators, plumbers, and other construction trades that may influence water use. These type of
programs will focus on the newest technologies and practices. This BMP corresponds to WC-3 of the Master
Plan.
6.1.4 BUSINESS AND PROPERTY OWNER/MANAGER RELATIONS PROGRAM
Often property owners and managers can make influential decisions about water use at commercial and
institutional properties. The city will develop a relationship with property owners and managers, provide
educational opportunities and assist property owners and managers in making decisions to reduce water
use. This BMP corresponds to WC-4 of the Master Plan.
6.1.5 CONTINUE TO SEEK PARTNERSHIPS WITH AGENCIES TO PROMOTE WATER CONSERVATION
The city will continue to seek and take advantage of partnerships with local entities such as Fort Worth and
Tarrant Regional Water District to promote water conservation on a regional scale. This BMP corresponds
to WC-S of the Master Plan.
6.1.6 DEVELOP A LANDSCAPE GUIDE FOR THE GENERAL PUBLIC AND LANDSCAPE PROFESSIONALS
The city will work with landscaping professionals and regional entities to develop guidance for the general
public and landscape professionals. This guide will focus on landscaping that promotes water conserving
techniques. This BMP corresponds to WC-6 of the Master Plan.
6.2 WATER RATE STRUCTURE
The City of Southlake has a conservation -oriented water rate structures in place. The city's current rate
structure consists of either a residential, commercial, or HOA class. Usage charges are assessed according
to customer class and meter size. An increasing block rate structure is in place for all classes to encourage
water conservation. The city analyzes each customer class and sets rates in proportion to those classes
which place the most demands upon the water system. The rates shown in Appendix E were effective as of
January 1, 2014 and are subject to change as the city continues to refine its rate structures to improve the
impact on water conservation and manage the cost of service most effectively.
6.3 IMPLEMENTATION AND ENFORCEMENT
The City of Southlake completes the TCEQ required Water Conservation Implementation Report by the 1 st
of May each year. The report includes various water conservation strategies that have been implemented,
including the date of implementation. Additionally, the report includes progress made on the five and ten
year per capita water use goals from this Plan. If the goals are not being met, Southlake must document
why not. The amount of water saved is also documented in this report.
6.4 COORDINATION WITH REGIONAL WATER PLANNING GROUPS
The city has been working with Fort Worth and Tarrant Regional Water District, who in turn have been
working with the local Regional Water Planning Groups (Region C and G), to help develop the water
conservation plan documents. Copies of the Water Conservation Plan will be sent to the Chairs of the
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Region C Water Planning Group, The City of Fort Worth, and the Tarrant Regional Water District.
7.0 ADDITIONAL CONSERVATION EFFORTS
7.1 LANDSCAPE WATER MANAGEMENT
7.1.1 PREVIOUSLY ADOPTED PROHIBITIONS AND ENFORCEMENT MEASURES
The city has adopted ordinances that prohibit a number of water wasting activities. Prohibitions include:
• Watering between the hours of 10:00 a.m. and 6:00 p.m., when wind and solar evaporation is
greatest;
• Watering during a rain event or a freeze event; commercial properties and new irrigation systems
are required to install a rain/freeze sensor on automatic sprinkler systems and owners of existing
residential systems are encouraged to install a rain/freeze sensor;
• Causing water waste through such as activities as irrigating directly onto paved surfaces or
operating a system with broken equipment.
7.1.2 ADOPT LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS
The following lawn and landscape irrigation restrictions are hereby adopted per ordinance 895-C.
(a) Except for hand watering, drip irrigation and the use of soaker hoses, a person may only irrigate,
water, or cause or permit the irrigation or watering of any lawn or landscape located on premises
owned, leased, or managed by that person (i) on a day designated as an outdoor water use day for
the property's address as shown below; and (ii) between the hours of 12 midnight to 10:00 a.m. and
6:00 p.m. to 12 midnight.
(1) Residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on Wednesdays or
Saturdays.
(2) Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and
Sundays.
(3) All non-residential locations (apartment complexes, businesses, industries, parks, medians,
etc.) may water on Tuesdays and Fridays.
TABLE 7-1: TWICE PER WEEK WATERING SCHEDULE
Landscape Irrigation Schedule
Residential addresses ending (0, 2, 4, 6, 8)
Wednesday & Saturday
Residential addresses ending (1, 3, 5, 7, 9)
Thursday & Sunday
Non-residential (commercial, HOA, parks, etc.)
Tuesday & Friday
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(b) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if t
irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on p
leased, or managed by that person on a day that is not designated as an outdoor water use for that pr
as shown in subsection (a) above.
(c) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the
irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the
person in a manner that causes:
(1) A substantial amount of water to fall upon impervious areas instead of a lawn or landscape,
such that a constant stream of water overflows from the lawn or landscape onto a street or
other drainage area; or
(2) An irrigation system or other lawn or landscape watering device to operate during any form of
precipitation.
(d) A person commits an offense if, on premises owned, leased, or managed by that person, a person
operates a lawn or landscape irrigation system or device that:
(1) Has any broken or missing sprinkler head; or
(2) Has not been properly maintained in a manner that prevents the waste of water.
(e) Affirmative Defenses:
(1) It shall be an affirmative defense to prosecution of an offense in (a) that at the time such
person irrigates, waters, or causes or permits the irrigation or watering of any lawn or
landscape, such activity was for the purpose of:
i. Establishing hydromulch, grass sod, or grass seed;
ii. Dust control of a sports field; or
iii. For the maintenance, repair, or testing of an irrigation system.
(2) Such activity described in Subsection (d)(1) may be an affirmative defense to prosecution only
if the activity occurred for a period of 30 consecutive days or less. After the thirtieth
consecutive day of such activity, a person who irrigates, waters, or causes or permits the
irrigation or watering of any lawn or landscape in violation of this section shall be subject to
administrative fees and criminal penalties.
(f) It shall be an exception to prosecution of an offense in this section, if a person who irrigates, waters,
or causes or permits the irrigation or watering does so by use of an alternative water source such as
a well, reclaimed or reused water, or water from the Trinity River if that person has:
(1) Registered such alternative water source with the city;
(2) Provided sufficient proof to the director that the alternative water source is from a well,
reclaimed or reused water or from the Trinity River and has allowed inspection by the director
if deemed necessary; and
(3) Complied with the city's Backflow and Cross -Connection Control Program.
7.1.3 REGULATE INSTALLATION OF IRRIGATION SYSTEMS
The city actively enforces TCEQ rules on irrigation installation, including the requirement that a licensed
irrigator install or make major repairs to an irrigation system. The city accepts and reviews irrigation plans,
per TCEQ rules.
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In addition, the city has adopted code specific to increasing the efficiency of new irrigation systems,
including a requirement that all new spray heads and rotors include pressure regulation. This decreases
over -pressurization at the spray head and reduces water waste.
In the next few years the city will review the permitting and inspection processes. This review will include a
focus on an effective process on ensuring a new system is highly efficient. This BMP corresponds to WC-15
of the Master Plan.
7.2 MUNICIPAL BEST MANAGEMENT PRACTICES
7.2.1 CONDUCT WATER RATE STUDY —WATER CONSERVATION PRICING
Water Conservation Pricing is the use of rate structures that discourage the inefficient use of or the waste
of water. Conservation pricing structures include increasing unit prices with increased consumption such as
inverted block rates, base rates and excess use rates such as water budget rates, and seasonal rates. While
the city has already established a water conserving pricing structure, the city will conduct a study of current
the non -promotional water rates to insure the efficacy of the rate structure. This BMP corresponds to WC-7
of the Master Plan.
7.2.2 EMPLOY A FULL-TIME WATER CONSERVATION COORDINATOR
A common element in successful conservation programs is a conservation coordinator who is responsible
for implementing and maintaining the conservation program. This person would be responsible for
preparing and implementing the city's water conservation and drought contingency plans, prepare and
submit the annual conservation status reports, and implement the utility's conservation program. The city
has identified a water conservation coordinator as important in fully implementing the elements of this
plan. This BMP corresponds to WC-8 of the Master Plan.
7.2.3 METER REPLACEMENT AND TESTING
An efficient metering system raises a customer's awareness of the true amount of water the customer is
consuming, which can help the customer make changes to his or her habits. The city implemented a meter
exchange program six years ago that provides for the annual replacement of 10% of the city's meters each
year. Large meters not included in the annual replacement program are tested and repaired or replaced
annually. The master meters measuring total volume of water delivered to the city were replaced 3 years
ago and are tested annually. This BMP corresponds to WC-9 of the Master Plan.
7.2.4 UTILIZE WEATHER STATIONS TO PROVIDE OUTDOOR IRRIGATION INFORMATION
Currently, the city utilizes weather stations at the Community Services' parks to provide outdoor irrigations
system. In the near future, the city will take advantage of a program to be offered by Tarrant Regional
Water District.
TRWD is developing an interactive weather station program to install weather stations throughout its
service area to provide consumers with a weekly e-mail and information through a website in determining
an adequate amount of supplemental water that is needed to maintain healthy grass in specific locations.
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This service will provide the public advanced information regarding outdoor irrigation needs, thereby
reducing water use. Through a series of selections on the type of irrigation system a consumer has, a
weekly email that will tell the customer how long (in minutes) an irrigation system needs to run based on
the past seven days of weather. This recommendation provides the actual amount of supplemental water
that is required for a healthy lawn based on research of the Texas A&M Agrilife Extension Service and
proven technologies. Southlake will promote this program, encourage its retail and wholesale customers to
participate in the program, and make the information available through its website. This BMP corresponds
to WC-11 of the Master Plan.
7.2.5 WELL WATER
Many of Southlake's water customers utilize groundwater as a source. More than 65% of well water
applications have indicated the groundwater is used for irrigation purposes. The relationship between self-
reliant well water users and municipally provided water arises when wells dry up, pumps fail, or for other
reasons property owners choose to utilize municipal water. This potential demand is unaccounted for and
the city has identified the need to monitor the water table of potential customers and to maintain an
inventory of existing water wells. This BMP corresponds to WC-12 and WC-13 of the Master Plan.
7.2.6 PERIODICALLY REVIEW WATER CONSERVING ORDINANCES
The city has adopted a number of water conserving policies in building codes, including the 2012
residential code, 2012 plumbing code, and 2012 energy code. As discussed in section 7.1.3 the city has
adopted landscape irrigation code that promotes water conserving features.
Because technology frequently changes, codes should reflect technological advancements and policy
should reflect changes in attitudes. The city will review plumbing codes on a frequency of once every five
years to identify relevant changes that promote further water conservation. This BMP corresponds to WC-
14 of the Master Plan.
7.2.7 DEVELOP A MUNICIPAL WATER CONSERVATION POLICY
The city will implement a policy of adopting water conserving features, where possible. Replacement at
older facilities water fixtures will be of more efficient fixtures. Implementing the replacement of older
building water fixtures such as toilets, urinals, lavatory faucets, irrigation, cooling towers and water brooms
with higher efficiency water fixtures will help reduce the water consumption in these buildings that are
consistently occupied. Also, performing water audits at existing park facilities on the existing landscape
irrigation systems and installing high efficiency upgrades would help reduce consumption. This BMP
corresponds to WC-15 of the Master Plan.
7.2.8 UTILIZE SMART METERS
New technology known as smart meters or Advanced Metering Infrastructure (AMI) has the potential to
change the way water consumption is measured. Southlake has been using electronic -read meter
technology. The city is in the process of converting to totally electronic meters which will provide customer
interface through smart -phone apps and desktop software to promote customer awareness and tool for
detecting household leaks and water waste. This BMP corresponds to WC-17 and WC-18 of the Master Plan.
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7.3 CONSERVATION PROGRAMS FOR RESIDENTIAL, INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL
ACCOUNTS
7.3.1 RESIDENTIAL IRRIGATION SYSTEM EVALUATION AND REPAIR REBATE PROGRAM
The city currently contracts with a vendor to promote water conserving techniques in existing landscape
irrigation systems. The vendor evaluates the irrigation system for leaks, breaks, misalignments, and other
issues that create inefficiencies. The city follows up by offering a rebate to the homeowner to offset the
cost of repairs and changes to the system to make it more efficient. Since this program started in 2010, the
average homeowner has saved 26,800 gallons of water each summer. This BMP corresponds to WC-19 of
the Master Plan.
7.3.2 COMMERCIAL AND INSTITUTIONAL IRRIGATION EVALUATION AND REPAIR REBATE PROGRAM
The city will expand the program described in section 7.3.1 to offer irrigation evaluations and repair
rebates to commercial and institutional customers. This BMP corresponds to WC-22 of the Master Plan.
7.3.3 WATER CONSUMPTION IMPACT ANALYSIS
To help determine how new development will impact the water system, the city will require certain
developments to complete a consumption impact analysis. This impact analysis will help the city assess
water use as the city reaches a built -out phase. This BMP corresponds to WC-20 of the Master Plan.
7.3.4 RAINWATER HARVESTING AND GRAYWATER USE
Residential harvesting and condensate reuse and graywater use are potential alternative water supplies.
Large properties with the potential to utilize these alternative non -potable uses for landscaping irrigation
can help conserve municipally -supplied sources. The city will seek out a cost-effective measure to
encourage the use of these alternative sources. This BMP corresponds to WC-21 of the Master Plan.
8.0 ADOPTION OF WATER CONSERVATION PLAN; PERIODIC REVIEW AND UPDATE OF PLAN
All of the BMPs in this plan were selected for the City of Southlake through the adoption of the Master Plan.
Opportunity for public comment on the master plan was provided as described in Section 1.0. Opportunity
for public comment on this plan is provided at a City of Southlake City Council Meetings on April 1, 2014 for
the first reading of Ordinance 895-C and on April 15, 2014 for the second reading and public hearing after
which this Water Conservation Plan was adopted. TCEQ requires that water conservation plans be reviewed
and, if necessary, updated every five years to coincide with the regional water planning process. This Water
Conservation Plan will be updated as required by TCEQ and, in addition, will be continually reassessed for
opportunities to improve water efficiency and conservation based on new or updated information.
Editor's note— Appendices A—E, referenced in Appendix A above, are not set out herein, but are on file and available
for inspection in the city offices.
(Ord. No. 662, § 1, 8-6-96; Ord. No. 895-B, § 1, 4-21-09; Ord. No. 895-C, § 1, App. A, 4-15-2014)
Sec. 19-56. - Declaration by mayor, city manager.
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(a) Trigger conditions. The city manager is hereby authorized to declare the existence of the trigger conditions
and moderate conditions, as detailed in the plan, to initiate the measures prescribed for such conditions, ar
terminate the conditions when the emergency has ended. Further, the mayor is hereby authorized to declai
existence of the trigger conditions for severe conditions and critical emergency conditions, as detailed in the
to initiate the appropriate actions prescribed for such conditions, and to terminate the conditions when the
has ended.
(b) Emergency conditions. When the city manager or the mayor has made a determination that the
conditions of a water emergency exists, the city manager or mayor may order that the emergency
measures set forth in the plan be implemented. To be effective, the order must be published in a
newspaper of general circulation in the city within 24 hours.
(Ord. No. 662, §§ 2, 3, 8-6-96)
Sec. 19-57. - Violation; penalty.
(a) Violations andpenalties. 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 19-55 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 subsection (c) hereof.
(b) Any person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in
accordance with this section and the plan shall be fined not more than $2,000.00 for each offense. In
addition, the following penalties shall apply:
(1) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a
measure implemented in accordance with this section and the drought contingency/emergency
water management plan two times, the city may issue a citation or install a flow restrictor in the
water line to the premises where the violations occurred to limit the amount of water that may pass
through the meter in a 24-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.
[(c)] Authority under other laws. Nothing in this section 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.
(Ord. No. 662, §§ 6, 7, 8-6-96; Ord. No. 895-C, §§ 2, 3, 4-15-2014)
Sec. 19-58. - Conflicting provisions.
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This division shall be cumulative of all provisions of ordinances of the city except where the provisions of this
division are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
(Ord. No. 662, § 5, 8-6-96)
Sec. 19-59. - Reserved.
Editor's note— Ord. No. 895-B, § 1, adopted April 21, 2009, repealed § 19-59, which pertained to water conservation
policy and derived from Ord. No. 662, § 1(Att. A), 8-6-96.
Sec. 19-60. - Drought contingency/emergency water management plan.
(a) Emergency authority.
(1) Purpose and scope. The purpose of this section 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 section applies to all persons and
premises within the city using water from the city's water system.
(2) Drought contingency/emergency water management plan. The City of Southlake, Texas, hereby
adopts amendments to the Drought Contingency/Emergency Water Management Plan, (the "plan"),
to which this section is attached as Exhibit "A".
(b) Violations and penalties.
(1) 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 subsection (a) and:
a. The manner of use has been prohibited by the plan; or
b. The amount of water used exceeds that allowed by the plan; or
c. 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 subsection (c)
hereof.
(2) Any person who violates, disobeys, omits, neglects or refuses to comply with a measure
implemented in accordance with this section and the plan shall be fined not more than $2,000.00
for each offense. In addition, the following penalties shall apply:
a. If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with
a measure implemented in accordance with this section and the drought
contingency/emergency water management plan two times, the city may issue a citation or
install a flow restrictor in the water line to the premises where the violations occurred to limit
the amount of water that may pass through the meter in a 24-hour period; and
b. 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
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service to the premises where the violation occurred.
(c) Authority under other laws. Nothing in this section 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.
EXHIBIT "A"
DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN
1. Introduction and Objectives.
The purpose of this Drought Contingency and Emergency Water Management Plan (subsequently referred
to as the Plan) is as follows:
• To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
• To protect and preserve public health, welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions.
2. Texas Commission on Environmental Quality Rules.
TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1 (4) defines a drought contingency plan as
"a strategy or combination of strategies for temporary supply and demand management responses to
temporary and potentially recurring water supply shortages and other water supply emergencies."
TCEQ rules governing development of and minimum requirements for drought contingency plans for
municipal water suppliers and wholesale water suppliers are contained in Texas Administrative Code Title
30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively.
3. Water System Profile.
The City purchases water from the Tarrant Regional Water District (TRWD) via the City of Fort Worth. The
supply sources are:
• West Fork of Trinity River: Lake Worth, Eagle Mountain Lake, and Lake Bridgeport; (A pipeline
connecting Eagle Mountain Lake to the East Texas supply is under construction.)
• East Texas: Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth; and
Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth; and
• Clear Fork of the Trinity River via Lake Benbrook. (A pipeline connects Lake Benbrook to the East
Texas Supply.)
System capacity with regards to the defined triggers in Section 4.4 is the total reliable pumping capacity is
found in the following tables:
Storage Capacity
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Water Storage
Ground
Elevated
High Pressure Plane
15 MG
4_5 MG
Low Pressure Plane
1.5 MG
Pump Capacity
Rated
Capacity
*Operating
Capacity
**Pump Station
Total Operating
Firm Capacity
GPM
GPM
MGD
Pearson Pump Station —High Pressure Plane
Pump 1
2250
2360
6.8
Pump 2
2250
2360
Pump 3
2250
2360
Pearson Pump Station —Low Pressure Plane
Pump 1
3474
4600
19.9
Pump 2
3474
4600
Pump 3
3474
4600
Pump 4
3474
4600
T.W. King Pump Station —Low Pressure Plane
Pump 1
3474
2360
12.5
Pump 2
3474
2360
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Pump 3 13474 12360
Total Pumping Capacity
39.2
* Operating Capacity: Pumping capacity while operating against system pressure.
** Total Operating Firm Capacity: Pumping capacity with largest pump out of service while
operating against system pressure.
In accordance with Section 2.5 of the wholesale water contract, wholesale customers are required to
institute and apply the same rationing, conservation measures or restrictions to the use of water by their
customers for so long as any part of their total water supply is being furnished by Fort Worth. As a
wholesale customer, per contract sign November, 2010, Southlake will comply with any obligations
imposed by Fort Worth.
The water supply triggers defined in Section 4.4 were provided to Southlake via Fort Worth by its water
supplier, Tarrant Regional Water District. TRWD selected its triggers after hiring an outside consultant to
evaluate where the triggers levels should be for the drought plan to achieve meaningful water savings.
4. Drought Contingency/Emergency Water Management Plan.
4.1 Public Involvement
Southlake staff provided direct input to Fort Worth in development of this Plan through the Water Advisory
Committee. Fort Worth provided the following opportunities for public involvement.
The public had several opportunities to provide input into the plan.
• Public meetings soliciting comments were held on June 25, 2013 and June 27, 2013. An additional
digital meeting was held on July 8, 2013. The meetings were advertised on the city Web site, on City
Page in the Fort Worth Star -Telegram, through news releases to the news media and neighborhood
associations, and in handouts at public events as well as social media outlets.
• The Fort Worth Water Department's Water Conservation Advisory Committee discussed the draft
plan's provisions and provided feedback during its August 22, 2013 meeting.
• The draft plan was posted on the City of Fort Worth Web site (www.fortworthgov.org/water) for
one month prior to City Council adoption.
• The City of Southlake's Drought Contingency plan will be presented on April 1, 2014 for the first
reading of the ordinance and for the second reading and public hearing on April 15, 2014.
4.2 Public Education
Southlake will inform and educate the public about the Drought Contingency/Emergency Water
Management Plan by the following means:
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• Preparing fact sheets describing the plan and making these available online and at various city
sites, and at events where the water department may have a booth.
• Posting a copy of the Plan on the city's Web site.
• Notifying local organizations, schools, and civic groups that staff are available to make
presentations on the plan.
At any time that the Drought Contingency/Emergency Water Management Plan is activated or the stage
changes, Southlake will notify local media of the issues, the current response stage, and the specific actions
required of the public. The information will also be publicized on the city's Web site, reverse 911, Twitter,
Facebook, and Chamber of Commerce. Bill inserts will also be used as appropriate.
4.3 Initiation & Termination of Drought & Emergency Response Stages
The provisions of this Plan shall apply to all persons, customers, and property utilizing potable water
provided by the City of Southlake. The terms "person" and "customer" as used in the Plan include
individuals, corporations, partnerships, associations, and all other legal entities. The Plan does not apply to
locations using treated wastewater effluent, private wells or possessing their own water rights in the Trinity
River watershed; however, any pond, impoundment, body of water, or other water source that is
supplemented, or has the ability to supplement supply, with potable water shall adhere to the provisions of
this plan.
The Plan may be applied to the entire city or geographic portions of the city as necessary. If the Plan is
applied only to a limited sector, the boundaries will be defined in terms of roadways, creeks and other
easily distinguishable features, such as city limits.
Initiation of a Drought/Emergency Water Management Stage
The City Manager or his/her official designee may order the implementation of a drought response or
water emergency stage when one or more of the trigger conditions for that stage is met. The following
actions will occur when a stage is initiated.
• The public will be notified through local media and the City of Southlake Web site, as described in
Section 4.2.
• Fort Worth will be notified by telephone and with a follow-up letter, e-mail, or fax that provides
details of the reasons for initiation of the drought or water emergency stage.
• The Southlake Water Department will notify the Executive Director of the TCEQ within 5 business
days when mandatory provisions of the Plan are activated.
Stages imposed by TRWD action must be initiated by the City of Fort Worth and subsequently by the City of
Southlake in accordance with 2.5 of the wholesale customer contract.
For other trigger conditions, the City Manager or his/her official designee may decide not to order the
implementation of a drought response or water emergency stage even though one or more of the trigger
criteria for the stage are met. Factors which could influence such a decision include, but are not limited to,
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the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation
that additional facilities will become available to meet needs. The reason for this decision shall be
documented.
Termination of a Drought Stage
The City Manager or his/her official designee may order the termination of a drought response or water
emergency stage when the conditions for termination are met or at their discretion. The following actions
will be taken when a drought stage is terminated:
• The public will be notified through local media and the City of Southlake Web site as described in
Section 4.2.
• Fort Worth will be notified by telephone with a follow-up letter, e-mail, or fax.
• If any mandatory provisions of the drought contingency/emergency water management plan that
have been activated are terminated, customers will notify the Executive Director of the TCEQ within
five business days.
Stages imposed by TRWD or by the City of Fort Worth may only be terminated by the imposing authority.
The City Manager or his/her official designee will then make a decision based on the existing conditions in
Southlake.
The City Manager or his/her official designee may decide not to order the termination of a drought
response stage or water emergency even though the conditions for termination of the stage are met. The
City Manager or his designee may choose to implement a phased out approach when exiting various stages
to protect the integrity of the system. Factors which could influence such a decision include, but are not
limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that
warrant the continuation of the drought stage. The reason for this decision should be documented.
4.4 Drought and Emergency Response Stages
Stage 1—Water Watch
Triggering Conditions
This stage is activated by the Director of Public Works if there is a water system failure, including pumping
equipment, supply lines, distribution lines, power failure, or storage facilities, or:
• The tank level in the three elevated tanks of the low pressure plane fall below 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 percent capacity, for three consecutive days.
• The tank level in the single elevated tank in the high pressure plane falls below 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 percent capacity, for three consecutive days.
• Fort Worth initiated Stage 1—Water Watch for one or more of the following reasons:
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• Water demand reaches or exceeds 90 percent of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified portion of the system.
• Fort Worth's water treatment or distribution system becomes contaminated.
• Fort Worth's water demand for all or part of the delivery system approaches delivery capacity
because delivery capacity is inadequate.
• Fort Worth's water supply system is unable to deliver water due to the failure or damage of
major water system components.
• TRWD initiated Stage 1—Water Watch for one or more of the following reasons:
• Total raw water supply in TRWD western and eastern division reservoirs drops below 75
percent (25 percent depleted) of conservation storage.
• Water demand for all or part of the TRWD delivery system exceeds delivery capacity because
delivery capacity is inadequate.
• Water demand is projected to approach the limit of TRWD's permitted supply.
• TRWD's supply source becomes contaminated.
• TRWD's water supply system is unable to deliver water due to the failure or damage of major
water system components.
• The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that
conditions warrant the declaration of a Stage 1 drought.
Terminating Conditions for Stage 1
When initiated by the City of Southlake, all initiated actions will remain in effect until the conditions that
triggered the stage have been eliminated and the Director of Public Works or his/her designee has
reviewed the conditions in Section 4.3.
Stage 1 will terminate when the total combined raw water supply in TRWD western and eastern division
reservoirs exceeds 95 percent of conservation storage capacity or remains at or above 85 percent for 90
consecutive days, whichever occurs first.
Goal for Use Reduction for Stage 1
The goal for water use reduction under Stage 1, Water Watch, is five percent. If circumstances warrant or if
required by TRWD, Fort Worth, the City Manager or his/her official designee can set a goal for greater water
use reduction.
Actions Available for Stage 1
The City Manager or his/her official designee may order the implementation of any of the actions listed
below, as deemed necessary. The City Manager or his/her official designee must implement any action(s)
required by the Tarrant Regional Water District or Fort Worth.
All Water Users
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Initiate mandatory restrictions to prohibit non -essential water use as follows:
• Discourage hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, patios,
or other impervious surfaces, except to alleviate an immediate health or safety hazard. This may
include premises with raw or processed food, pharmaceutical or vaccine processing, storage or
vending establishments including restaurants and grocery stores may be washed to the extent
necessary for sanitary purposes. These areas may also include:
• Trash and dumpster areas
• Areas around fuel pumps
• Store front cleaning of areas with accumulated bird droppings, feathers and debris
• Localized spot cleaning of parking areas to remove oil, grease buildup that may pose a health
and safety issue.
• Discourage hosing of buildings or other structures for purposes other than fire protection or
surface preparation prior to painting.
• Prohibit using water in such a manner as to allow runoff or other waste, including:
• Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking
or broken pipes, or a leaking faucet;
• Operating a permanently installed irrigation system with: (a) a broken head; (b) a head that is
out of adjustment and the arc of the spray head is over a street or parking lot; or (c) a head that
is misting because of high water pressure; or
• During irrigation, allowing water to (a) to run off a property and form a stream of water in a
street for a distance of 50 feet or greater; or (b) to pond in a street or parking lot to a depth
greater than one -quarter of an inch.
• Allowing or causing an irrigation system or other lawn watering device to operate during any
form of precipitation or when temperatures are at or below 32 degrees Fahrenheit.
• Prohibit outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00 p.m.
• Limit landscape watering with sprinklers or irrigation systems at each service address to a twice per
week schedule as outlined below. This includes landscape watering of parks, golf courses, and sports
fields.
• Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays
and Saturdays.
• Residential addresses ending in an odd number (1, 3, 5, 7, or 9) may water on Thursdays and
Sundays.
• All non-residential locations (apartment complexes, businesses, industries, parks, medians,
etc.) may water on Tuesdays and Fridays.
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Exceptions:
• Lawns and landscaping may be watered on any day by handheld hose, drip irrigation, a
soaker hose or tree bubbler.
• Water use necessary for the repair of an irrigation system, plumbing line, fountain, etc. in
the presence of the person making the repair.
• Outdoor watering at service addresses with large multi -station irrigation systems may
take place in accordance with a variance granted by the Water Director, if the Water
Director determines that a property can not be completely irrigated with an average of
three-quarters of an inch of water in a single day, and that the property should be divided
into sections to be irrigated on different days. If approved, no station will be watered more
than twice per week.
• Establishing new turf is discouraged. If hydromulch, grass sod, or grass seed is installed
for the purpose of establishing a new lawn, there are no watering restrictions for the first
30 days while it is being established. After that, the watering restrictions set forth in this
stage apply. (This does not include over seeding with rye, or seasonal grasses, since turf
already exists.)
• Golf courses may water greens and tee boxes as necessary, however watering must be
done before 10:00 a.m. and after 6:00 p.m. Encouraged to reduce water use by five
percent.
• Skinned areas of sports fields maybe watered as needed for dust control.
• Watering of athletic fields (fields only, does not include surrounding landscaped areas)
used for organized sports practice, competition, or exhibition events may occur as
necessary to protect the health and safety of the players, staff, or officials present for
athletic events. Encouraged to reduce water use by five percent.
• Public areas that are open to the public at -large and have a high -impact from frequent
use may be allowed additional watering, with a variance granted by the Water Director, if it
is deemed to be beneficial to serve and protect the community amenity. Examples may
include but are not limited to: outdoor amphitheaters, demonstration gardens, public art
exhibitions, outdoor learning areas, arboretums, etc.
• All users are encouraged to reduce the frequency of draining and refilling swimming pools.
• All users are encouraged to use native and adapted drought tolerant plants in landscaping.
• Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to
the use of a hand-held bucket or a hand-held hose equipped with a positive -pressure shutoff nozzle
for quick rinses. Vehicle washing may be done at any time on the premises of a commercial car wash
or commercial service station. Companies with an automated on -site vehicle washing facility may
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wash its vehicles at anytime. Further, such washing may be exempt from these requirements if the
health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as
garbage trucks and vehicles used to transport food and perishables.
• Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi
type pools except to maintain adequate water levels for structural integrity, proper operation and
maintenance, and/or to alleviate an issue that poses a public safety risk.
City and Local Governments
In addition to the actions listed above:
• Review conditions and problems that caused Stage 1. Take corrective action.
• Increase public education efforts on ways to reduce water use.
• Increase enforcement efforts.
• Intensify leak detection and repair efforts.
• Audit all city and local government irrigation systems to ensure proper condition, settings, and
operation.
• Identify and encourage voluntary reduction measures by high -volume water users through water
use audits.
• Reduce non -essential water use. As used herein, non -essential water uses are those that do not
have any health or safety impact and are not needed to meet the core function of the agency.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions.
• Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "on
demand" basis.
• Hotels are encouraged to implement laundry conservation measures by encouraging patrons to
reuse linens and towels.
• Car wash facilities must keep equipment in good working order, which should include regular
inspections to be sure there are no leaks, broken or misdirected nozzles, and that all equipment is
operating efficiently.
• All commercial and industrial customers are encouraged to audit irrigation systems.
Stage 2—Water Warning
Triggering Conditions for Stage 2
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This stage is activated by the Director of Public Works if there is a water system failure, including pumping
equipment, supply lines, distribution lines, power failure, or storage facilities, or if Stage 1—Water Watch
has been initiated and in effect for two weeks, and:
• The tank level in the three elevated tanks of the low pressure plane fall below 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 percent capacity, for three consecutive days.
• The tank level in the single elevated tank in the high pressure plane falls below 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 percent capacity, for three consecutive days.
Or, this stage is activated if:
• Fort Worth initiated Stage 2—Water Warning for one or more of the following reasons:
• Water demand reaches or exceeds 95 percent of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified portion of the system.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system equals or exceeds delivery capacity because
delivery capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or damage of major water
system components.
• TRWD initiated Stage 2—Water Warning for one or more of the following reasons:
• Total raw water supply in TRWD western and eastern division reservoirs drops below 60
percent (40 percent depleted) of conservation storage.
• Water demand for all or part of the TRWD delivery system exceeds delivery capacity because
delivery capacity is inadequate.
• Water demand is projected to approach the limit of TRWD's permitted supply.
• TRWD's supply source becomes contaminated.
• TRWD's water supply system is unable to deliver water due to the failure or damage of major
water system components.
• The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that
conditions warrant the declaration of a Stage 2 drought.
Terminating Conditions for Stage 2
When initiated by the City of Southlake, all initiated actions will remain in effect until the conditions that
triggered the stage have been eliminated and the Director of Public Works or his/her designee has
reviewed the conditions in Section 4.3.
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Stage 2 will terminate when the total combined raw water supply in TRWD western and eastern division
reservoirs exceeds 75 percent of conservation storage capacity or remains at or above 70 percent for 30
consecutive days.
Goal for Use Reduction for Stage 2
The goal for water use reduction under Stage 2—Water Warning is to decrease use by ten percent. If
circumstances warrant or if required by TRWD, Fort Worth, the City Manager or his/her official designee can
set a goal for greater water use reduction.
Actions Available for Stage 2
The City Manager or his/her official designee may order the implementation of any of the actions listed
below, as deemed necessary. The City Manager or his/her official designee must implement any action(s)
required by the Tarrant Regional Water District or Fort Worth.
• Continue actions under Stage 1.
• Initiate engineering studies to evaluate water supply alternatives should conditions worsen.
All Water Users
• Limit landscape watering with sprinklers or irrigation systems to a once per week schedule at each
service address as determined by the Water Director. This includes landscape watering at parks, golf
courses, and sports fields. As a wholesale customer, Southlake may use a different watering schedule
than the one used for Fort Worth retail customers as long as it limits each service address to once per
week schedule; however, use of the same schedule would simplify the messages passed to customers
through the news media.
Exceptions:
• Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip
irrigation, a soaker hose or tree bubbler.
• Outdoor watering at service addresses with large multi -station irrigation systems may take
place in accordance with a variance granted by the director of utilities, if the director determines
that a property can not be completely irrigated with an average of three-quarters of an inch of
water in a single day, and that the property should be divided into sections to be irrigated on
different days. If approved, no station will be watered more than once per week.
• Golf courses may water greens and tee boxes as needed to keep them alive, however watering
must be done before 10:00 a.m. and after 6:00 p.m. Fairways are restricted to once per week
watering as outlined above. Golf course rough cannot be watered.
• Watering of athletic fields (fields only, does not include surrounding landscaped areas) used
for organized sports practice, competition, or exhibition events may occur as necessary to
protect the health and safety of the players, staff, or officials present for athletic events.
Encouraged to reduce water use by ten percent.
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• All users are encouraged to wait until the current drought or emergency situation has passed
before establishing new landscaping and turf. Variances granted for establishing new turfgrass
or landscaping will be for a maximum of 30 days from the date of approval. After that, the
watering restrictions set forth in this stage apply. (This does not include over seeding with rye
since turf already exists.)
• Discourage the operation of ornamental fountains or ponds that use potable water except where
necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation
system.
• Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi
type pools except to maintain adequate water levels for structural integrity, proper operation and
maintenance, and/or to alleviate an issue that poses a public safety risk.
• Encourage the use of covers for all types of pools, hot tubs, and Jacuzzi type pools when not in use.
City and Local Governments
• Review conditions or problems that caused Stage 2. Take corrective action.
• Increase frequency of media releases on water supply conditions.
• Further accelerate public education efforts on ways to reduce water use.
• Eliminate non -essential water use. As used herein, non -essential water uses are those that do not
have any health or safety impact and are not needed to meet the core function of the agency.
• Prohibit wet street sweeping.
Commercial or Industrial
All actions listed above for all water users apply to commercial and industrial users.
• Use of water from fire hydrants for any purpose other than firefighting related activities or other
activities necessary to maintain public health, safety and welfare requires a variance issued by the
Water Director. Fire hydrant use may be limited to only designated hydrants. Upon declaration of this
drought stage, all holders or applicants of a Water Fire Hydrant Meter Agreement are required to
apply for a variance as set forth in this plan. If conditions allow, as determined by the Water Director,
the use of water from hydrants may continue until the Water Director or his/her designee issues a
determination on the petition for variance. If conditions do not allow, the Water Director may require
all fire hydrant meters be immediately returned from the field, pending determination of each
petition for variance.
Stage 3—Emergency Water Use
Triggering Conditions for Stage 3
This stage is activated by the Director of Public Works if there is a water system failure, including pumping
equipment, supply lines, distribution lines, power failure, or storage facilities, or if Stage 2—Water Warning
has been initiated and in effect for two weeks, and:
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• The tank level in the three elevated tanks of the low pressure plane fall below 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 percent capacity, for three consecutive days.
• The tank level in the single elevated tank in the high pressure plane falls below 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 percent capacity, for three consecutive days.
Or, this stage is activated if:
• Fort Worth initiated Stage 2—Water Warning for one or more of the following reasons:
• Water demand has reaches or exceeds 98 percent of reliable delivery capacity for one day.
The delivery capacity could be citywide or in a specified portion of the system.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system exceeds delivery capacity because delivery
capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or damage of major water
system components.
• TRWD has initiated Stage 3—Emergency Water Use, which may also be initiated by one or more of
the following:
• Total raw water supply in TRWD western and eastern division reservoirs drops below 45
percent (55 percent depleted) of conservation storage.
• Water demand for all or part of the TRWD delivery system exceeds delivery capacity because
delivery capacity is inadequate.
• Water demand is projected to approach or exceed the limit of TRWD's permitted supply.
• TRWD's supply source becomes contaminated.
• TRWD's water supply system is unable to deliver water due to the failure or damage of major
water system components.
• The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that
conditions warrant the declaration of a Stage 3 drought.
Terminating Conditions for Stage 3
When initiated by the City of Southlake, all initiated actions will remain in effect until the conditions that
triggered the stage have been eliminated and the Director of Public Works or his/her designee has
reviewed the conditions in Section 4.3.
Stage 3 will terminate when the total combined raw water supply in TRWD western and eastern division
reservoirs exceeds 60 percent of conservation storage capacity or remains at or above 55 percent for 30
consecutive days, whichever occurs first.
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Goals for Use Reduction for Stage 3
The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by 20 percent. If
circumstances warrant or if required by TRWD, Fort Worth, the City Manager or his/her official designee can
set a goal for greater water use reduction.
Actions Available for Stage 3
The City Manager or his/her official designee may order the implementation of any of the actions listed
below, as deemed necessary. The City Manager or his/her official designee must implement any action(s)
required by the Tarrant Regional Water District or Fort Worth.
• Continue or initiate any actions available under Stages 1 and 2.
All Water Users
• Prohibit landscape watering, including at parks, golf courses, and sports fields.
Exceptions:
• Watering with hand-held hose, soaker hose or drip irrigation system may occur any day and
any time. (The intent of this measure is to allow for the protection of structural foundations,
trees, and other high value landscape materials).
• Golf course greens only may be watered by hand-held hose as needed to keep them alive.
Watering of athletic fields (fields only, does not include surrounding landscaped areas) used for
organized sports practice, competition, or exhibition events may occur as necessary to protect
the health and safety of the players, staff, or officials present for athletic events may be allowed
to water by variance. A water management plan must be submitted to the Water Director
detailing how each area will comply with Stage 3 drought measures.
• Prohibit establishment of new landscaping. Variances maybe granted for those landscape projects
started prior to the initiation of Stage 3 drought restrictions.
• Vehicle washing restricted to commercial car wash, commercial service station or a private on -site
vehicle washing facility and can only be done as necessary for health, sanitation, or safety reasons,
including but not limited to the washing of garbage trucks and vehicles used to transport food and
other perishables. All other vehicle washing is prohibited.
• Prohibit the operation of ornamental fountains or ponds that use potable water except where
necessary to support aquatic life.
• Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi type pools.
Existing private and public pools may add water to maintain pool levels; however they may not be
refilled using automatic fill valves.
• Prohibit hosing of buildings or other structures for purposes other than fire protection or surface
preparation prior to painting with high-pressure equipment. Must be performed by a professional
power washing service utilizing high efficiency equipment and a vacuum recovery system where
possible.
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City and Local Governments
In addition to actions listed above:
• Continue or initiate any actions available under Stages 1 and 2.
• Review conditions or problems that caused Stage 3. Take corrective action.
• Implement viable alternative water supply strategies.
• Increase frequency of media releases explaining emergency situation.
• Reduce city and local government water use to maximum extent possible.
• Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental ponds and
fountain construction. Pools already permitted and under construction may be completely filled with
water.
• If TRWD has imposed a reduction in water available to customers, Fort Worth will impose the same
percent reduction on wholesale customers, and thus, Southlake will impose on water customers.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Hotels, restaurants, and bars required to serve drinking water to patrons on an "on demand" basis.
• Hotels are required to implement laundry conservation measures by encouraging patrons to reuse
linens and towels.
• Stock at commercial plant nursery may be watered only with a hand-held hose, hand-held watering
can, or drip irrigation system.
• Commercial and industrial water users required to reduce water use by a set percentage
determined by the Water Director.
• Use of water from hydrants for any purpose other than firefighting related activities or other
activities necessary to maintain public health, safety and welfare requires a special permit issued by
the Water Director. Fire hydrant use may be limited to only designated hydrants.
4_5 Procedures for Granting Variances to the Plan
The Water Director or his/her official designee may grant temporary variances for existing water uses
otherwise prohibited under this drought contingency plan if one or more of the following conditions are
met:
• Failure to grant such a variance would cause an emergency condition adversely affecting health,
sanitation, or fire safety for the public or the person requesting the variance.
• Compliance with this plan cannot be accomplished due to technical or other limitations.
• Alternative methods that achieve the same level of reduction in water use can be implemented.
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Variances shall be granted or denied at the discretion of the Water Director or his/her official designee. All
petitions for variances should be in writing, using the forms provided, and must include the following
information:
• Name and address of the petitioner(s)
• Purpose of water use
• Specific provisions from which relief is requested
• Detailed statement of the adverse effect of the provision from which relief is requested
• Description of the relief requested
• Period of time for which the variance is sought
• Detailed schedule of irrigation that shows a reduction in use over the 30 day period for new lawns
and landscapes. Schedule should be designed so that at the end of the 30 day period, lawn and
landscaped areas can adhere to the twice per week schedule defined in Stage 1.
• Alternative measures that will be taken to reduce water use
• Other pertinent information.
4.6 Procedures for Enforcing Mandatory Water Use Measures
Mandatory water use restrictions may be imposed in Stages 1, 2, and 3. These mandatory water use
restrictions will be enforced by warnings and penalties as follows:
• On the first violation, a customer will be given a written warning that he/she has violated the
mandatory water use restriction.
• On the second violation, a customer will be given a written warning that he/she has violated the
mandatory water use restriction.
• On the third and subsequent violations, citations may be issued to the customer, with maximum
fines established by ordinance.
• After three violations have occurred, the utility may cutoff water service to the customer.
Appendix A contains a copy of the City of Southlake ordinance adopting this Plan and the enforcement
actions and penalties.
4.7 Coordination with the Other Entities
Appendix C includes a copy of a letters sent to the City of Fort Worth and the Executive Director or TCEQ
upon adoption of this Plan.
4.8 Review and Update of Drought Contingency Plan
As required by TCEQ rules, Fort Worth will review this drought contingency plan at least every five years.
The plan will be updated as appropriate based on new or updated information.
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5. Drought Contingency Plan Definitions.
Aesthetic Water Use: Water use for ornamental or decorative features such as fountains, reflecting pools and
water gardens.
Alternative Water Source: Water produced by a source other than a water treatment plan and in [is] not
considered potable. These sources can include, but are not limited to: reclaimed/recycled water, collected
rain water, collected grey water, private well water.
Athletic Field: Water produced by a source other than a water treatment plan and in [is] not considered
potable. These sources can include, but are not limited to: reclaimed/recycled water, collected rain water,
collected grey water, private well water.
Automatic Irrigation System: A site specific system of delivering water generally for landscaping via a system of
pipes or other conduits installed below ground that automatically cycles water use through water emitters
to a preset program, whether on a designated timer or through manual operation.
Aquatic Life: A vertebrate organism dependent upon an aquatic environment to sustain its life.
Conservation: Those practices, techniques, and technologies that reduce water consumption; reduce the loss
or waste of water; improve the efficiency in water use; and increase the recycling and reuse of water so that
supply is conserved and made available for other or future uses.
Customer: Any person, company, or organization using water supplied by TRWD or through an entity supplied
by TRWD.
Drip Irrigation: An irrigation system (drip, porous pipe, etc.) that applies water at a predetermined controlled
low -flow levels directly to the roots of the plant.
Drought Contingency Plan: A strategy or combination of strategies for temporary supply management and
demand management responses to temporary or potentially recurring water supply shortages and other
water supply emergencies.
Fountain: An artificially created jet, stream or flow of water, a structure, often decorative, from which a jet,
stream or flow of water issues.
Golf Course: An irrigated and landscaped playing area made up of greens, tees, fairways, roughs and related
areas used for the playing of golf.
Hand-held Hose: A hose physically held by one person, fitted with a manual or automatic shutoff nozzle.
Hand Watering: The application of water for irrigation purposes through a hand-held watering hose, watering
can, or bucket.
Hose -end Sprinkler: A device through which water flows from a hose to a sprinkler to water any lawn or
landscape.
Hosing: To spray, water, or wash with a water hose.
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Industrial Water Use: The use of water for or in connection with commercial or industrial activities, including
but not limited to, manufacturing, bottling, brewing, food processing, scientific research and technology,
recycling, production of concrete, asphalt, and cement, commercial uses of water for tourism,
entertainment, and hotel or motel lodging, generation of power other than hydroelectric and other
business activities.
Irrigation System: A system of fixed pipes and water emitters that apply water to landscape plants or turfgrass,
including, but not limited to, in -ground and permanent irrigation systems.
Lake, Lagoon or Pond: An artificially created body of fresh or salt water.
Landscape Irrigation use: Water used for the irrigation and maintenance of landscaped areas, whether publicly
or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights -of -way,
medians and entry ways.
New Landscape:
a. Installed during construction of anew house, multi -family dwelling, or commercial building;
b. Installed as part of a governmental entity's capital improvement project; or alters more than
one-half the area of an existing landscape.
Non -essential Water Use: Water uses that are not required for the protection of public health, safety and
welfare, such as:
a. Irrigating landscape areas, including parks, athletic fields, and golf courses, except as
otherwise provided under this plan;
b. Washing any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -
surfaced areas; except to alleviate a public health and safety issue;
c. Washing any automobile, motorbike, boat (and/or trailer), airplane, or other vehicle except
where required by law for safety and sanitary purposes.
d. Washing buildings or structures for purposes other than immediate fire protection, or other
uses provided under this plan;
e. Filling, refilling, or adding to any swimming pools or Jacuzzi -type pools, except to maintain safe
operating levels;
f. Filling or operation of a fountain or pond for aesthetic or scenic purposes except when
necessary to support aquatic life;
g. Failure to repair a controllable leak within a reasonable time period after being directed to do
so by formal notice; and
h. Drawing from hydrants for construction purposes or any other purpose other than firefighting
or protection of public drinking water supplies.
Park: A non-residential or multi -family tract of land, other than a golf course, maintained by a city, private
organization, or individual, as a place of beauty or public recreation and available for use to the general
public.
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Power/Pressure Washer: A machine that uses water or a water -based product applied at high pressure to
clean impervious surfaces.
Pressure Washer (High -Efficiency): A machine that uses water or a water -based product applied at 1,500
pounds per square inch (PSI) or greater.
Reclaimed Water: Municipal wastewater effluent that is given additional treatment and distributed for reuse in
certain applications. Also referred to as recycled water.
Soaker Hose: A flexible hose that is designed to slowly emit water across the entire length and connect directly
to a flexible hose or spigot. Does not include hose that by design or use sends a fine spray in the air. It is
not considered drip irrigation.
Splash Pad/Spray Park: An area for water play that has no standing water. Typically, they utilize various spray
nozzles which spray water in multiple directions.
Swimming Pool: Any structure, basin, chamber, or tank including hot tubs, containing an artificial body of water
for swimming, diving, or recreational bathing, and having a depth of two feet or more at any point.
Vegetable Garden: Any noncommercial vegetable garden planted primarily for household use;
"noncommercial" includes incidental direct selling of produce from such a vegetable garden to the public.
Well Water: Water that has been, or is, obtained from the ground by digging, boring, or drilling to access an
underground aquifer.
(Ord. No. 662, § 1(attach. A), 8-6-96; Ord. No. 662-A, § 1, 12-3-02; Ord. No. 662-B, §§ 1-3, 1-3-06; Ord. No. 662-C, §§ 1-3,
7-17-07; Ord. No. 662-D, §§ 1-3, 4-21-09; Ord. No. 662-E, § 1, 4-15-2014)
Editor's note— Appendices A, B and C, referenced in Exhibit A above, are not set out herein, but are on file and
available for inspection in the city offices.
Sec. 19-61. - Action plan on education and information.
The public education process will consist of the following programs:
(1) 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 state 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.
(2) Water saving tips will be included, on a quarterly basis, in the monthly city newsletter. Additionally,
these water saving tips will be broadcast periodically, yearround, 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
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Program for the Involvement of Neighborhoods (SPIN) meetings. SPIN members will then be
fundamental in the dissemination of water conserving practices throughout the community.
(5) Water conservation information and educational materials will be provided at local elementary
schools during presentations by the public works department during the city's annual participation
in National Public Works Week. This event is usually scheduled in May.
(Ord. No. 662, § 1(Att. B), 8-6-96)
Sec. 19-62. - Lawn and landscape irrigation restrictions.
(a) Except for hand watering and the use of soaker hoses, a person commits an offense if a person irrigates,
waters, or causes or permits the irrigation of watering of any lawn or landscape located on premises
owned, leased, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m.
(b) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the
irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the
person in a manner that causes:
(1) A substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such
that a constant stream of water overflows from the lawn or landscape onto a street or other
drainage area; or
(2) An irrigation system or other lawn or landscape watering device to operate during any form or
precipitation.
(c) A person commits an offense if, on premises owned, leased, or managed by that person, he operates a
lawn or landscape irrigation system or device that:
(1) Has any broken or missing sprinkler head; or
(2) Has not been properly maintained in a manner that prevents the waste of water.
(d) Affirmative defenses.
(1) It shall be an affirmative defense to prosecution of an offense in section 19-62(a) that at the time
such person irrigates, waters, or causes or permits the irrigation or watering of any lawn or
landscape, such activity was for the purpose of:
a. Establishing hydro mulch, grass sod, or grass seed;
b. Dust control of a sports field; or
c. For the maintenance repair or testing of an irrigation system.
(e) It shall be an exception to prosecution of an offense in this section, if a person who irrigates, waters, or
causes or permits the irrigation or watering does so by use of an alternative source such as a well,
reclaimed or reused water, or water from the Trinity River if that person has:
(1) Registered such alternative water source with the city;
(2) Provided sufficient proof to the director that the alternative water source is from a well, reclaimed
or reused water or from the Trinity River and has allowed inspection by the director if deemed
necessary; and
(3) Complied with the city's cross -connection control program.
(Ord. No. 895, § 1, 7-18-06; Ord. No. 895-A, § 1, 6-17-08)
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Sec. 19-63. - Rain sensing devices and freeze gauges.
(a) Any commercial or industrial customer class irrigation system installed within the city on or after June 1,
2006 must be equipped with properly working rain and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed before June 1, 2006 may not be
operated after June 1, 2007 without being equipped with properly working rain and freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in accordance
with the city's backflow and cross -connection control program adopted by Ordinance 699-A. All rain and
freeze sensors for commercial class lawn irrigation systems shall under go annual inspection and testing
concurrent with section 19-249.
(d) Any residential customer class irrigation system installed within the city on or after June 1, 2007 must be
equipped with properly working rain and freeze sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or permit the
installation of or the operation of, an irrigation system in violation of subsections 19-63(a) through (d) on
premises owned, leased, or managed by that person.
(Ord. No. 895, § 1, 7-18-06; Ord. No. 895-A, § 1, 6-17-08)
Sec. 19-64. -Administrative fee.
(a) The director of public works may assess an administrative fee, in addition to any criminal penalty
assesses for a violation of this article as described below. Each day that a violation occurs shall constitute
a separate violation.
(1) In -ground irrigation system violations.
a. The director or his designee may install a locking device on a double check valve to the
irrigation system found to be operating in violation of this article and may assess an
administrative fee as approved by city council.
b. Notice shall be left on the premises to advise the owner/operator that the double check valve
to the irrigation system has been turned off, and
c. Notice shall also be sent by the U.S. Postal Service to the person recorded as the city's water
customer notifying that person that the irrigation system has been turned off and locked. The
notice shall also state the amount of the assessed administrative fee, if any, and the procedure
to request a hearing to contest the assessment of the administrative remedy.
(2) Violations for systems without double check valves on in -ground irrigation systems.
a. The director or his designee shall leave on the premises to advise the owner/operator that the
system is being operated in violation of watering restrictions and that an administrative fee
may be assessed as approved by the city council.
b. Notice shall also be sent by the U.S. Postal Service to the person recorded as the city's water
customer notifying that person that the irrigation system is being operated in violation of
watering restrictions and that an administrative fee may be assessed. The notice shall also
state the amount of the assessed administrative fee, if any, and the procedure to request a
hearing to contest the assessment of the administrative remedy.
(3) It shall be unlawful for any person to tamper with, cause damage to or remove a locking device
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placed on a check valve by the director or his designee.
(b) A person assessed an administrative fee who wishes to re-establish service to the irrigation system is
required to make payment of the assessed fee.
(c) A person may request a hearing to protest the assessment of an administrative fee. To request a hearing,
the person must make the request in person to the public works department within 15 business days
from the date on the written notice of violation. If a locking device was installed, it shall remain in place
until the conclusion of the hearing and payment of any required fee unless the removal is ordered by the
director.
(d) The director of public works or his designee shall act as the hearing officer. The director shall evaluate all
information offered by the petitioner at the hearing. The petitioner making the request for a hearing
shall bear the burden of proof to show by a preponderance of the evidence, why the administrative fee
should not be assessed. The hearing officer will provide a decision at the time of the time of the hearing
or within three business days following the conclusion of the hearing.
(e) Payment of any fees assessed at the hearing must be made within seven business days of the decision
from the hearing. Any fees not paid within this time limit shall be added to the customer's next water bill.
(f) A person may elect to pay the administrative fee without requesting a hearing. Any fees not paid within
15 business days from the date of the written notice shall be added to the customer's next water bill.
(g) The locking device will be removed by the director or his designee within three business days after
payment is received from the customer.
(Ord. No. 895-A, § 1, 6-17-08)
Sec. 19-65. -Variances
(a) The director of public works may grant variances from the provisions of sections 19-62 or 19-63 to
persons demonstrating extreme hardship and need as determined by the director of public works and
only under the following conditions:
(1) The applicant must sign a compliance agreement on forms provided by the director of public works,
agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the
variance.
(2) Granting of a variance must not cause an immediate significant reduction in the city's water supply.
(3) The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of
the person requesting it.
(4) The health, safety or welfare or other persons must not be adversely affected by granting the
variance.
(b) The director of public works may revoke a variance granted when the director determines that:
(1) The conditions of subsection (a) are not being met or are no longer applicable;
(2) The terms of the compliance agreement are being violated; or
(3) The health, safety or welfare of other persons requires revocation.
(c) The governmental use of water for essential services such as police, fire, and emergency services which
are necessary to preserve or protect the health, safety, and welfare of the citizens of Southlake are
exempt from any and all restrictions or mandates set forth in this article.
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(Ord. No. 895, § 1, 7-18-06; Ord. No. 895-A, § 1, 6-17-08)
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Sec. 19-62. - Lawn and landscape irrigation restrictions.
(a) Except for hand watering and the use of soaker hoses, a person commits an offense if a
person irrigates, waters, or causes or permits the irrigation of watering of any lawn or
landscape located on premises owned, leased, or managed by that person between the
hours of 10:00 a.m. and 6:00 p.m.
(b) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or
permits the irrigation or watering of a lawn or landscape located on premises owned, leased
or managed by the person in a manner that causes:
(1) A substantial amount of water to fall upon impervious areas instead of a lawn or
landscape, such that a constant stream of water overflows from the lawn or landscape
onto a street or other drainage area; or
(2) An irrigation system or other lawn or landscape watering device to operate during any
form or precipitation.
(c) A person commits an offense if, on premises owned, leased, or managed by that person, he
operates a lawn or landscape irrigation system or device that:
(1) Has any broken or missing sprinkler head; or
(2) Has not been properly maintained in a manner that prevents the waste of water.
(d) Affirmative defenses.
(1) It shall be an affirmative defense to prosecution of an offense in section 19-62(a) that at
the time such person irrigates, waters, or causes or permits the irrigation or watering of
any lawn or landscape, such activity was for the purpose of:
a. Establishing hydro mulch, grass sod, or grass seed;
b. Dust control of a sports field; or
c. For the maintenance repair or testing of an irrigation system.
(e) It shall be an exception to prosecution of an offense in this section, if a person who irrigates,
waters, or causes or permits the irrigation or watering does so by use of an alternative
source such as a well, reclaimed or reused water, or water from the Trinity River if that
person has:
(1) Registered such alternative water source with the city;
(2) Provided sufficient proof to the director that the alternative water source is from a well,
reclaimed or reused water or from the Trinity River and has allowed inspection by the
director if deemed necessary; and
(3) Complied with the city's cross -connection control program.
(Ord. No. 895, § 1, 7-18-06; Ord. No. 895-A, § 1, 6-17-08)
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Sec. 19-63. - Rain sensing devices and freeze gauges.
(a) Any commercial or industrial customer class irrigation system installed within the city on or
after June 1, 2006 must be equipped with properly working rain and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed before June 1, 2006
may not be operated after June 1, 2007 without being equipped with properly working rain
and freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in
accordance with the city's backflow and cross -connection control program adopted by
Ordinance 699-A. All rain and freeze sensors for commercial class lawn irrigation systems
shall under go annual inspection and testing concurrent with section 19-249.
(d) Any residential customer class irrigation system installed within the city on or after June 1,
2007 must be equipped with properly working rain and freeze sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or
permit the installation of or the operation of, an irrigation system in violation of subsections
19-63(a) through (d) on premises owned, leased, or managed by that person.
(Ord. No. 895, § 1, 7-18-06; Ord. No. 895-A, § 1, 6-17-08)