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Item 4C - 2024 Drought Contingency Plan - Track Changes 1400 Main St. Southlake, Texas 76092 PWS #2200075 Drought Contingency and Emergency Water Management Plan for Retail Water Customers April 20192024 Table of Contents 1.0 DECLARATION OF POLICY, PURPOSE, AND INTENT ................................................................................ 3 2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY REGULATIONS .................................................... 3 3.0 AUTHORIZATION ..................................................................................................................................... 3 4.0 APPLICATION ........................................................................................................................................... 4 5.0 DEFINITIONS ............................................................................................................................................ 4 6.0 WATER SYSTEM PROFILE ......................................................................................................................... 5 7.0 DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN ................................................. 6 7.1 Public Involvement.............................................................................................................................. 6 7.2 Public Education .................................................................................................................................. 6 7.3 Coordination with Regional Water Planning Groups .......................................................................... 7 7.4 Initiation and Termination of Drought Stages .................................................................................... 7 Initiation of a Drought/ Emergency Water Management Stage .......................................................... 7 Termination of a Drought Stage............................................................................................................ 8 7.5 Drought and Emergency Response Stages ......................................................................................... 8 Stage 1 – Water Watch ......................................................................................................................... 8 Stage 2 – Water Warning .................................................................................................................... 13 Stage 3 – Emergency Water Use ......................................................................................................... 16 7.6 Procedures for Granting Variances to the Plan ................................................................................ 19 7.7 Procedures for Enforcing Mandatory Water Use Measures............................................................. 20 7.8 Coordination with Other Entities ...................................................................................................... 20 7.9 Review and Update of Drought Contingency/Water Emergency Management Plan ...................... 20 Appendix A : Ordinance 662-G Adopting Drought Contingency/Emergency Water Plan ..................... 22 Appendix B: Matrix of Critical Actions by Stage ..................................................................................... 35 Appendix C: Letter to Texas Commission on Environmental Quality ..................................................... 37 1.0 INTRODUCTION AND OBJECTIVESDECLARATION OF POLICY, PURPOSE, AND INTENT In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Southlake hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 7.8 of this Plan. 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 impact of emergency water supply conditions 2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY REGULATIONS Texas Administrative Code Title 30, Chapter 288, Part I, Subchapter A of the 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.” Texas Commission on Environmental Quality (TCEQ) rules governing the 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 I, Chapter 288, Subchapter B, Rule 288.20 and 288.22, respectively. 3.0 AUTHORIZATION The City Manager, or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or his/her designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. 4.0 APPLICATION The provisions of this Plan shall apply to all persons, customers, and property utilizing 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. 5.0 DEFINITIONS For the purposes of this Plan, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer: any person, company, or organization using water supplied by the City of Southlake. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Foundation watering: an application of water to the soils directly abutting (within 2 feet) the foundation of a building, structure. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. 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, and rights-of-way and medians. Non-essential water use: water uses that are not essential nor required for the protection of public, health, safety, and welfare, including: (a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan; (b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (d) use of water to wash down buildings or structures for purposes other than immediate fire protection; (e) flushing gutters or permitting water to run or accumulate in any gutter or street; (f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than firefighting. Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. 6.0 WATER SYSTEM PROFILE The City of Southlake purchases drinking water from the City of Fort Worth, which is purchased from Tarrant Regional Water District. The supply sources are the following: • West Fork of the Trinity River: Lake Worth, Eagle Mountain Lake, and Lake Bridgeport. • East Texas: Cedar Creek Reservoir and Richland Chambers Reservoir, both located approximately 75 miles southeast of Fort Worth; and • Clear Fork of the Trinity River: Lake Benbrook System capacity with regards to the defined triggers in Section 7.54.4 of this Plan is the total reliable pumping capacity found in the following tables: Water Storage Ground Elevated High Pressure Plane 10 MG 1.5 MG Low Pressure Plane 15 MG 4.5 MG 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 4600 13.2 Pump 2 3474 4600 Pump 3 3474 4600 Total Pumping Capacity 39.2 *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 In accordance with Section 2.5 of the wholesale water contract with the City of Fort Worth, wholesale customers are required to institute and apply the same rationing conservation measures or restrictions to the use of water to their customers for so long as any part of their total water supply is being furnished by the City of Fort Worth. As a wholesale customer, per contract signed November 2010, the City of Southlake will comply with any obligations imposed by the City of Fort Worth. The water supply triggers defined in Section 7.54.4 of this Plan were provided to the City of Southlake via Fort Worth, by its raw water supplier Tarrant Regional Water District (TRWD). TRWD selected its triggers after hiring an outside consultant to evaluate where the trigger levels should be for the Drought Contingency Plan to achieve meaningful water savings. 74.0 DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN 74.1 Public Involvement City of Southlake staff has worked with the City of Fort Worth and Tarrant Regional Water District via monthly coordination calls andvirtual meetings, in-person meetings, and other forms of digital communication regarding the development of this Plan. The City of Fort Worth and Tarrant Regional Water District will provide public involvement opportunities on the dates their respective plans are proposed to the governing legislative bodies. The City of Southlake will provide public involvement opportunities on April 2nd during the first reading of the ordinance and April 16th, 2019 2024 for the second reading of the ordinance and the public hearing. 74.2 Public Education The City of Southlake will inform and educate the public about the Plan by the following means: • Post a copy of the Plan on the City of Southlake website. • Post shortened fact sheets in the form of flyers, magnets, or signs describing the major parts of the plan during the different stages of drought. • Present information on the plan to local organizations, schools, and civic groups as requested. During any timetime the Plan is activated or drought stages change, the City will notify local media of the issue, the current response, and the specific actions required of the public. The information will also be published on the main City website, the Southlake Water Utilities webpages, Reverse 911 systemAlert Southlake system, and social media outlets. Other forms of traditional communication will also be utilized. 7.3 Coordination with Regional Water Planning Groups The service area of the City of Southlake is located within the Region C Planning Group and the City of Southlake has provided a copy of this Plan to the Region C Planning Group. 74.43 Initiation and Termination of Drought 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 those 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 deemed 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. The City of Southlake has adopted a permanent twice-per-week watering schedule and operates in Stage 1 year-round. Initiation of a Drought/ Emergency Water Management Stage The City Manager or their official designee may order the implementation of a drought response of 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 website and Southlake Water Utilities webpages, as described in Section 7.2 4.2 of this Plan. • The City of Fort Worth will be notified by telephone and with a follow-up letter orr, email, or fax that provides details of the reasons for initiation of the drought or water emergency stage. • The Public Works Department will notify the Executive Director of the TCEQ within 5 business days when mandatory provisions of this 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 Section 2.5 of the wholesale customer contract. For other trigger conditions, the City Manager or their 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, the time of year, weather conditions, anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision shall be documentdocumented if this action is exercised. Termination of a Drought Stage The City Manager or their official designee may order the termination of a drought response of water emergency stage when the conditions for termination are met or at their discretion. The following actions will occur when a stage is terminated: • The public will be notified through local media and the City of Southlake website and Southlake Water Utilities webpages, as described in Section 7.2 of this Plan. • The public will be notified through local media and the City of Southlake website, as described in Section 4.2 of this Plan. • The City of Fort Worth will be notified by telephone and with a follow-up letter or email., email, or fax. • If any mandatory provisions of the Plan that were activated are thus terminated, the Public Works Department will notify the Executive Director of the TCEQ within 5 business days when mandatory provisions of this Plan are activated. Stages imposed by TRWD or by the City of Fort Worth may only be terminated by the imposing authority. The City Manager or their official designee will then make a decision based on the existing conditions in Southlake. The City Manager or their official designee may decide not to order the termination of a drought response or water emergency stage even though the conditions for termination have been met. Instead, the City Manager may choose to implement a phased-out approach when exiting various stages to protect the integrity of the water supply system. Factors which could influence such a decision include, but are not limited to, the time of year, weather conditions, or the anticipation of potentialpotentially changed conditions that warrant the continuation of the drought stage. The reason for this decision shall be documentdocumented if this action is exercised. 7.54.4 Drought and Emergency Response Stages Stage 1 – Water Watch Triggering Conditions for Stage 1 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 all three (3) elevated tanks of the low pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level with the Pearson and T.W. King Pump Stations at 100% capacity (three 400 horsepower pumps at Pearson Pump Station and three 400 horsepower pumps at T.W. King Station running in unison) for three consecutive days. • The tank level in the single elevated tank in the high pressurehigh-pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continues to fall below this level with the Pearson Pump Station at 100% capacity (two 200 horsepower pumps running at Pearson Pump Station in unison) for three consecutive days. • Fort Worth-initiated Stage 1 for one or more of the following reasons: o Water demand reaches or exceeds 90% of reliable delivery capacity for three consecutive days. The delivery capacity could bey city-wide or in a specified portion of the system. o Fort Worth’s water treatment or distribution system becomes contaminated. o Fort Worth’s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. o 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 for one or more of the following reasons: o Total raw water supply in TRWD western and eastern division reservoirs drops below 75% (25% depleted) of conservation storage. o Water demand for all or part of TRWD’s delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water demand is projected to approach the limit of TRWD’s permitted supply. o TRWD’s supply source becomes contaminated. o TRWD’s water supply system is unable to deliver water due to the failure or damage of major water system components. o 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 their designee has reviewed the conditions in Section 7.44.3 of this Plan. Stage 1 will terminate when total combined raw water supply in TRWD western and eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or above 85% for 90 consecutive days, whichever occurs first. Goal for Use Reduction in Stage 1 The goal for water use reduction in Stage 1 is 5%. If circumstances warrant or if required by TRWD or the City of Fort Worth, the City Manager or their official designee can set a goal for greater water use reduction. Actions Available for Stage 1 The City Manager or their official designee may order the implementation of any of the actions listed below, as deemed necessary. Any actions required by TRWD or the City of Fort Worth must also be implemented. All Water Users 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 that may be washed to the extent necessary for sanitation purposes. These areas may also include: o Trash and dumpster areas o Areas around fuel pumps o Store-front cleaning of areas with accumulated bird droppings, feather, and debris o Localized spot cleaning or parking areas to remove oil and 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: o Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet;; o Operating a permanently installed irrigation system with a broken head, a head that is out of adjustment and the arc of the spray head is over a street or parking lot, or a head that is misting because of high water pressure o During irrigation, allowing water to run off a property and form a stream of water in a street for a distance of 50 feet or greater, or to pond in a street or parking lot to a depth greater than one-quarter of an inch o 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 a.m. and 6 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 course, and sports fields. o Residential addresses ending in an even number (0, 2, 4, 6, 8) may water on Wednesdays and Saturdays. o Residential addresses ending in an odd number (1, 3, 5, 7, 9) may water on Thursdays and Sundays. o All non-residential properties (apartment complexes, businesses, HOAs, industries, parks, medians, etc.) may water on Tuesdays and Fridays. o Exceptions include:  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 Director of Public Works. The Director must be able to determine that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should not 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 with an approved turf exemption. After. After that, the watering restrictions set forth in this stage apply. This exemption does not include overseeding 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 a.m. and after 6 p.m. Golf courses are encouraged to reduce water use by 5%.  Skinned areas of sports fields may be watered as needed for dust control.  Watering of athletic fields (fields only, does not include surrounding landscape 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. Owners of athletic fields are encouraged to reduce water use by 5%.  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 Director of Public Works, 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. o All users are encouraged to use native and adaptive drought-tolerant plants in landscaping. o 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 onsite vehicle washing facility may wash vehicles any time. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks, and vehicles used to transport food and perishable items. o Discourage filling, draining, or refilling 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. Additional City Response Efforts In addition to the actions listed above, the City will take the following actions: • Review conditions and problems that caused Stage 1. Take corrective action. • Increase public education efforts on ways to reduce water use. • Increase enforcement efforts. • Intensity 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 and Industrial Sectors Response Efforts • All actions listed under “All Water Users” above 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 their irrigation systems. Stage 2 – Water Warning Triggering Conditions for Stage 2 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 has been initiated and in effect for twotwo weekss, andor: • The tank level in all three (3) elevated tanks of the low pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level with the Pearson and T.W. King Pump Stations at 100% capacity (three 400 horsepower pumps at Pearson Pump Station and three 400 horsepower pumps at T.W. King Station running in unison) for three consecutive days. • The tank level in the single elevated tank in the high-pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continues to fall below this level with the Pearson Pump Station at 100% capacity (two 200 horsepower pumps running at Pearson Pump Station in unison) for three consecutive days. • The tank level in the three (3) elevated tanks of the low pressure plan falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level with the Pearson Pump Station at 100% capacity for three consecutive days. • The tank level in the single elevated tank in the high pressure plan falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continues to fall below this level with the Pearson Pump Station at 100% capacity for three consecutive days. • Fort Worth-initiated Stage 2 for one or more of the following reasons: o Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days. The delivery capacity could bey city-wide or in a specified portion of the system. o Fort Worth’s water treatment or distribution system becomes contaminated. o Fort Worth’s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. o 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 2 for one or more of the following reasons: o Total raw water supply in TRWD western and eastern division reservoirs drops below 60% (40% depleted) of conservation storage. o Water demand for all or part of TRWD’s delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water demand is projected to approach the limit of TRWD’s permitted supply. o TRWD’s supply source becomes contaminated. o TRWD’s water supply system is unable to deliver water due to the failure or damage of major water system components. o 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 their designee has reviewed the conditions in Section 7.44.3 of this Plan. Stage 2 will terminate when total combined raw water supply in TRWD western and eastern division reservoirs exceeds 75% of conservation storage capacity or remains at or above 70% for 30 consecutive days, whichever occurs first. Goal for Use Reduction in Stage 2 The goal for water use reduction in Stage 2 is 10%. If circumstances warrant or if required by TRWD or the City of Fort Worth, the City Manager or their official designee can set a goal for greater water use reduction. Actions Available for Stage 2 The City Manager or their official designee may order the implementation of any of the actions listed below, as deemed necessary. Any actions required by TRWD or the City of Fort Worth must also be implemented. • Continue actions under Stage 1 • Initiate engineering studies to evaluate water supply alternatives should conditions worsen. All Water Users Initiate mandatory restrictions to prohibit non-essential water use as follows: • Limit Prohibit landscape watering with sprinklers or irrigation systems to once per week schedule at each service address as determined by the Director of Public Works. 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 a one per week schedule. However, use of the same schedule would simply the messages passed to customers through the news media. o Exceptions to this include:  Lawns and landscaping may be watered on any day 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 Public Works. The Director must be able to determine that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should not be divided into sections to be irrigated on different days. If approved, no station will be watered more than twice per week.  Golf courses may water greens and tee boxes as necessary. However, watering must be done before 10 a.m. and after 6 p.m. Golf courses are encouraged to reduce water use by 10%.  Watering of athletic fields (fields only, does not include surrounding landscape 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. Owners of athletic fields are encouraged to reduce water use by 10%.  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 exemption does not include overseeding with rye or seasonal grasses, 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 Prohibit filling, draining, or refilling swimming pools, wading pools, hot tubs, and Jacuzzi-type pools except to maintain adequate water levels for structural integrity, proper operationoperation, and maintenance, and/or to alleviate an issue that poses a public safety risk. Variances may be granted for those pool permit projects started prior to the initiation of Stage 2 drought restrictions. • Encourage the use of covers for all types of pools when not in use to reduce evaporation rates. • Prohibit using water in such a manner as to allow runoff or other waste, including: o Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet. Failure to comply within 72 hours may result in termination of water service. Additional City Response Efforts In addition to the actions listed above, the City will take the following actions: • Review conditions and problems that caused Stage 2. Take corrective action. • Increase frequency of media releases of water supply conditions • Increase public education efforts on ways to reduce water use. • Increase enforcement efforts. • Prohibit wet street sweeping • 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 and Industrial Sectors Response Efforts • All actions listed under “All Water Users” above apply to commercial and industrial users • Use of water from fire hydrants for any purpose other than firefighting activities or other activities deemed necessary to maintain public health, safety, and welfare requires a variance issued by the Director of Public Works. Fire hydrant use may be limited to designated hydrants. Upon declaration of this drought stage, all holders or applicants of a Southlake Water Utilities Fire Hydrant Meter Agreement are required to apply for a variance as set forth in this plan. If conditions allow, as determined by the Director of Public Works, the use of water from hydrants may continue until the Director or their designee issues a determination on the petition for variance. If conditions do not allow, the Director or their designee may require all fire hydrants be immediately returned from the field, pending determination of each petition for variance. • 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. 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 has been initiated and in effect for two weektwo weekss, andor: • The tank level in all three (3) elevated tanks of the low pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level with the Pearson and T.W. King Pump Stations at 100% capacity (three 400 horsepower pumps at Pearson Pump Station and three 400 horsepower pumps at T.W. King Station running in unison) for three consecutive days. • The tank level in the single elevated tank in the high-pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continues to fall below this level with the Pearson Pump Station at 100% capacity (two 200 horsepower pumps running at Pearson Pump Station in unison) for three consecutive days. • The tank level in the three (3) elevated tanks of the low pressure plan falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level with the Pearson Pump Station at 100% capacity for three consecutive days. • The tank level in the single elevated tank in the high pressure plan falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continues to fall below this level with the Pearson Pump Station at 100% capacity for three consecutive days. • Fort Worth-initiated Stage 3 for one or more of the following reasons: o Water demand reaches or exceeds 98% of reliable delivery capacity for three consecutive days. The delivery capacity could bey city-wide or in a specified portion of the system. o Fort Worth’s water treatment or distribution system becomes contaminated. o Fort Worth’s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. o 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 3 for one or more of the following reasons: o Total raw water supply in TRWD western and eastern division reservoirs drops below 45% (55% depleted) of conservation storage. o Water demand for all or part of TRWD’s delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water demand is projected to approach the limit of TRWD’s permitted supply. o TRWD’s supply source becomes contaminated. o TRWD’s water supply system is unable to deliver water due to the failure or damage of major water system components. o 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 their designee has reviewed the conditions in Section 7.44.3 of this Plan. Stage 3 will terminate when total combined raw water supply in TRWD western and eastern division reservoirs exceeds 60% of conservation storage capacity or remains at or above 55% for 30 consecutive days, whichever occurs first. Goal for Use Reduction in Stage 3 The goal for water use reduction in Stage 3 is 20%. If circumstances warrant or if required by TRWD or the City of Fort Worth, the City Manager or their official designee can set a goal for greater water use reduction. Actions Available for Stage 3 The City Manager or their official designee may order the implementation of any of the actions listed below, as deemed necessary. Any actions required by TRWD or the City of Fort Worth must also be implemented. • Continue actions under Stage 1 and 2 All Water Users Initiate mandatory restrictions to prohibit water use as follows: • Prohibit landscape watering, including at parks, golf courses, and sports field. o Exceptions to this include:  Lawns may be watered on any day by handheld hose equipped with a positive- pressure shutoff nozzle, , drip irrigation, a soaker hose, or tree bubbler. The intent of this is to allow for the protection of structural foundations, tree, and other high-value landscape materials.  Golf courses (restricted to the tee box and greens) may only be watered by handheld hose as needed to keep them alive.  Watering of athletic fields (fields only, does not include surrounding landscape 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 only by variance request. A water management plan must be submitted to the Director of Public Works detailing how each area will comply with Stage 3 drought measures.  Establishing new turf is discouragedprohibited. 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 exemption does not include overseeding with rye or seasonal grasses, since turf already exists.Variances may be granted for those landscape projects started prior to the initiation of Stage 3 drought restrictions. • Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life. • Prohibit filling, draining, or refilling 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. Variances may be granted for those pool permit projects started prior to the initiation of Stage 2 drought restrictions. • Prohibit establishment of new landscaping. Variances may be granted for those landscape project initiated prior to the start of Stage 3 with proper documentation. • Restrict vehicle washing to commercial car washes, service stations, or private onsite vehicle washing facility only to be done as necessary for health, sanitation, or safety reasons, such as garbage trucks and vehicles used to transport food and other perishables. • Prohibit hosing of buildings and other structures for purposes other than fire protection or surface preparation prior to painting with high-pressure equipment, performed by a professional power-washing service. Additional City Response Efforts In addition to the actions listed above, the City will take the following actions: • Review conditions and problems that caused Stage 3. Take corrective action. • Increase frequency of media releases of emergency conditions. • Implement viable alternative water supply strategies. • Reduce city use to maximum extent possible • Prohibit the permitting of new swimming pools, spas, ornamental ponds, and Jacuzzi-type pools. Pools already permitted may be filled completely with water. • If TRWD has imposed a reduction in water available to customers, Fort Worth will impose the same percent reduction on wholesale customers. Southlake will then impose that percent on our customers. Commercial and Industrial Sectors Response Efforts • All actions listed under “All Water Users” above apply to commercial and industrial users • Stock at commercial plant nurseries may be watered only with a handheld hose, watering can, or drip irrigation system. • Hotels, restaurants, and bars are encouraged 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. • Commercial and industrial water users required to reduce water use by a set percentage determined by the Director of Public Works. • Use of water from fire hydrants for any purpose other than firefighting activities or other activities deemed necessary to maintain public health, safety, and welfare requires a variance issued by the Director of Public Works.. Fire hydrant use may be limited to designated hydrants. All holders or applicants of a Southlake Water Utilities Fire Hydrant Meter Agreement are required to apply for a variance as set forth in this plan. If conditions allow, as determined by the Director of Public Works, the use of water from hydrants may continue until the Director or their designee issues a determination on the petition for variance. If conditions do not allow, the Director or their designee may require all fire hydrants be immediately returned from the field, pending determination of each petition for variance. 7.64.5 Procedures for Granting Variances to the Plan The Director of Public Works or their official designee may grant temporary variances for existing water uses otherwise prohibited under this Plan is 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. Variances shall be granted or denied at the discretion of the Director of Public Works or their 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 of the 30-day period for new lawns and landscapes. Schedule should be designed so that are 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 7.74.6 Procedures for Enforcing Mandatory Water Use Measures Mandatory water use restrictions may be imposed in Stages 1, 2, and 3. These restrictions will be enforced by warnings and fines as follows: • On the first violation, a customer will be given a written warning that they have violated the mandatory water use restriction. • On the second violation, a customer will be given a written warning that they have violated the mandatory water use restriction. The City may install a flow restrictor in the water line to limit the water that may pass through the meter. • 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 City may terminatecut off water service to the customer. The community can report water waste through phone, email, or the Southlake Serves portal. Appendix A of this Plan contains a copy of the City of Southlake ordinance adopting this Plan on April 16th, 20192024. 7.84.7 Coordination with Other Entities Appendix C of this Plan includes a copy of the letter sent to the City of Fort Worth and the Executive Director of the TCEQ upon adoption of this plan. 7.9 4.8 Review and Update of Drought Contingency/Water Emergency Management Plan As required by TCEQ regulations, the City of Southlake will review this Drought Contingency Plan at least every five years. This Plan will be updated as appropriate based on new or updated information. Appendix A: Ordinance 662-G662-F Adopting Drought Contingency/Emergency Water Plan ORDINANCE NO. 662-G AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE DROUGHT CONTINGENCY I EMERGENCY WATER MANAGEMENT PLAN FOR THE CITY OF SOUTHLAKE, TEXAS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES FOR LOCAL WATER DELIVERY LIMITATIONS AND COMPLIANCE WITH THE CITY OF FORT WORTH'S DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to Title 30, Texas Administrative Code (TAC), Chapter 288 - Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements effective on August 16, 2018; and WHEREAS, the City entered into a Contract for Water Service with the City of Fort Worth on November 16, 2010 to purchase treated water of potable quality and Section 2.5 of this Contract requires the City of Southlake, to institute and apply the same rationing, conservation measures, or restrictions to the use of water as Fort Worth in the event the City of Fort Worth implements such water conservation measures; and WHEREAS, the City of Southlake recognizes that there are local water system limitations which may require the City of Southlake to implement conservation or restriction measures based on these local limitations, and WHEREAS, as authorized under law, and in the best interests of the citizens of Southlake, the City Council deems it expedient and necessary to amend the existing regulations and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 Emergency Authority (a) Purpose and scope. The purpose of this ordinance is to establish the city's policy in the event of shortages or delivery limitations in the City's water supply and to establish water restrictions to be enforced in case of drought or emergency conditions. This Ordinance applies to all persons and premises within the City using water from the City's water system. (b) Drought Contingency I Emergency Water Management Plan. The City of Southlake, Texas, hereby adopts amendments to the Drought Contingency I Emergency Water Management Plan, (the "Plan"), to which this ordinance is attached as Appendix "A". SECTION 2 Violations and Penalties (a) A person commits an offense if the person knowingly makes, causes or permits a use of water contrary to the measures implemented by the City Manager as prescribed in the Plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of Section 1 and: (1) the manner of use has been prohibited by the Plan; or (2) the amount of water used exceeds that allowed by the Plan; or (3) the manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this ordinance and the Plan shall be fined not more than two thousand dollars ($2,000.00) for each offense. In addition, the following penalties shall apply: (1) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan two times, the City may issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty-four-hour period; and (2) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan three times, the City may discontinue water service to the premises where the violation occurred. SECTION 3 Authority Under Other Laws Nothing in this Ordinance shall be construed to limit the authority of the Mayor, the City Council or the City Manager to seek emergency relief under the provisions of any state or federal disaster relief act. SECTION 4 Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event, the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 662-F is hereby repealed. SECTION 5 Savings Clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Publication Clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake, Texas. SECTION 7 Severability Clause All rights and remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 662-F or any other ordinances affecting which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 2nd DAY OF April, 2024. Mayor/John Huffman ATTEST: City Secretary/Amy Shelley PASSED AND APPROVED ON SECOND READING ON THIS 16th DAY OF April, 2024. Mayor/John Huffman ATTEST: City Secretary/Amy Shelley APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Adopted: Effective: ORDINANCE NO. 662-F AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE DROUGHT CONTINGENCY I EMERGENCY WATER MANAGEMENT PLAN FOR THE CITY OF SOUTHLAKE, TEXAS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES FOR LOCAL WATER DELIVERY LIMITATIONS AND COMPLIANCE WITH THE CITY OF FORT WORTH'S DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to Title 30, Texas Administrative Code (TAC), Chapter 288 - Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements effective on January 10, 2008; and WHEREAS, the City entered into a Contract for Water Service with the City of Fort Worth on November 16, 2010 to purchase treated water of potable quality and Section 2.5 of this Contract requires the City of Southlake, to institute and apply the same rationing, conservation measures, or restrictions to the use of water as Fort Worth in the event the City of Fort Worth implements such water conservation measures; and WHEREAS, the City of Southlake recognizes that there are local water system limitations which may require the City of Southlake to implement conservation or restriction measures based on these local limitations, and WHEREAS, as authorized under law, and in the best interests of the citizens of Southlake, the City Council deems it expedient and necessary to amend the existing regulations and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 Emergency Authority (a) Purpose and scope. The purpose of this ordinance is to establish the city's policy in the event of shortages or delivery limitations in the City's water supply and to establish water restrictions to be enforced in case of drought or emergency conditions. This Ordinance applies to all persons and premises within the City using water from the City's water system. (b) Drought Contingency I Emergency Water Management Plan. The City of Southlake, Texas, hereby adopts amendments to the Drought Contingency I Emergency Water Management Plan, (the "Plan"), to which this ordinance is attached as Appendix "A". SECTION 2 Violations and Penalties (a) A person commits an offense if the person knowingly makes, causes or permits a use of water contrary to the measures implemented by the City Manager as prescribed in the Plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of Section 1 and: (1) the manner of use has been prohibited by the Plan; or (2) the amount of water used exceeds that allowed by the Plan; or (3) the manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this ordinance and the Plan shall be fined not more than two thousand dollars ($2,000.00) for each offense. In addition, the following penalties shall apply: (1) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan two times, the City may issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty-four-hour period; and (2) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan three times, the City may discontinue water service to the premises where the violation occurred. SECTION 3 Authority Under Other Laws Nothing in this Ordinance shall be construed to limit the authority of the Mayor, the City Council or the City Manager to seek emergency relief under the provisions of any state or federal disaster relief act. SECTION 4 Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event, the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 662-D is hereby repealed. SECTION 5 Savings Clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Publication Clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake, Texas. SECTION 7 Severability Clause All rights and remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 662-E or any other ordinances affecting which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 2nd DAY OF April, 2019. Mayor/Laura Hill ATTEST: City Secretary/Amy Shelley PASSED AND APPROVED ON SECOND READING ON THIS 16th DAY OF April, 2019. Mayor/Laura Hill ATTEST: City Secretary/Amy Shelley APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Adopted: Effective: Appendix B: Matrix of Critical Actions by Stage Trigger Actions Stage 1 SOUTHLAKE Water level in the 3 low plane elevated tanks falls below 18 ft. for 3 consecutive days, OR Water level in the single high plane elevated tanks falls below 18 ft. for 3 consecutive days, OR FT. WORTH Water demand reaches 90% of system capacity for 3 consecutive days, OR TRWD Total reservoir capacity falls below 75% Step up enforcement of twice per week landscape irrigation schedule. Discourage washing of impervious surfaces except to alleviate health concerns. Discourage hosing of buildings. Prohibit water use that allows runoff or water waste. Stage 2 SOUTHLAKE (with Stage 1 in effect for two one weeks) Water level in the 3 low plane elevated tanks falls below 18 ft. for 3 consecutive days, OR Water level in the single high plane elevated tanks falls below 18 ft. for 3 consecutive days, OR FT. WORTH Water demand reaches 95% of system capacity for 3 consecutive days, OR TRWD Total reservoir capacity falls below 60% Continue stage 1 actions. Landscape irrigation reduced to once per week. Schedule to be determined by the Director of Public Works or designee. Discourage operation of ornamental fountains. Discourage Prohibit draining and refilling pools.. Encourage use of pool covers. Restrict use of water from fire hydrants to fire protection except as allowed by variance issued by director of Public Works or designee. Stage 3 SOUTHLAKE (with Stage 2 in effect for two one weeks) Water level in the 3 low plane elevated tanks falls below 18 ft. for 3 consecutive days, OR Water level in the single high plane elevated tanks falls below 18 ft. for 3 consecutive days, OR FT. WORTH Water demand reaches 98% of system capacity for 3 consecutive days, OR TRWD Total reservoir capacity falls below 45% Continue stage 1 & 2 actions. Prohibit operation of sprinklers and landscape irrigations systems. Prohibit establishment of new landscaping. Vehicle washing restricted to commercial facilities. Prohibit operation of ornamental fountains. Prohibit draining and refilling of pools. Prohibit washing of impervious surfaces and buildings except for paint preparation with high pressure equipment. See the Drought Contingency Plan for a complete list of the plan elements, including restrictions, exceptions, and variances. Appendix C: Letter to Texas Commission on Environmental Quality Commented [MD1]: Update with new letter to TCEQ 38 Public Works Department | 1950 E Continental Blvd |Southlake, TX 76092 Update of Drought Contingency Plan April 16, 2019 Texas Commission on Environmental Quality Resource Protection Team, mC-160 P.O. Box 13087 Austin, TX 78711 Enclosed please find a copy of the recently updated Drought Contingency Plan for the City of Southlake. This plan is being submitted in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality regulations. The City of Southlake adopted the updates to this plan on April 16, 2019. Sincerely, Ashley Carlisle Environmental Coordinator City of Southlake (817) 748-8638 acarlisle@ci.southlake.tx.us CC: Chris Harder, City of Fort Worth Water Utility Director James Oliver, Tarrant Regional Water District General Manager