0662-BORDINANCE NO. 662-B OFFICIAL RECORD
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING
THE DROUGHT CONTINGENCY PLAN FOR THE CITY OF
SOUTHLAKE, TEXAS; ESTABLISHING CRITERIA FOR THE
INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES
IN COMPLIANCE WITH THE CITY OF FORT WORTH'S DROUGHT
CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN.
ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES;
ESTABLISHING PENALTIES FOR THE VIOLATION OF AND
PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS;
ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND
PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS
CLAUSES; AND AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas recognizes that the amount of water
available to the City and its water utility customers is limited and subject to depletion
during periods of extended drought; and
WHEREAS, the City recognizes that natural limitations due to drought conditions
and other acts of God cannot guarantee an uninterrupted water supply for all purposes;
and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) adopted
revisions to Title 30, Texas Administrative Code (TAC), Chapter 288 — Water
Conservation Plans, Drought Contingency Plans, Guidelines and Requirements
effective on October 7th, 2004; and
WHEREAS, the City entered into a Contract for Water Service with the City of
Fort Worth on September 4th, 2002 to purchase treated water of potable quality and
Section 2.3 of this Contract requires the City of Southlake, to institute and apply the
same rationing, conservation measures, or restrictions to the use of water as Fort Worth
in the event the City of Fort Worth implements such water conservation measures; and
WHEREAS, as authorized under law, and in the best interests of the citizens of
Southlake, the City Council deems it expedient and necessary to amend the existing
regulations and policies for the orderly and efficient management of limited water
supplies during drought and other water supply emergencies;
WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
SECTION 1
Emergency Authority
(a) Purpose and scope. The purpose of this ordinance is to establish the city's policy
in the event of shortages or delivery limitations in the City's water supply and to
establish water restrictions to be enforced in case of drought or emergency conditions.
This Ordinance applies to all persons and premises within the City using water from the
City's water system.
(b) Drought contingency/emergency water management plan. The City of Southlake,
Texas, hereby adopts the portions of the City of Fort Worth's Drought
Contingency/Emergency Water Management Plan, (the "Plan"), as has been revised to
comply with the Texas Administrative Code JAC) Title 30, Chapter 288, as contained in
Exhibit "A", attached hereto and incorporated as if fully set forth herein; provided
however, the following sections of the plan are amended to read as follows:
(1) Section 1.3, How the Plan is Initiated and Terminated, is amended to read:
The City Manager, upon notification from the City of Fort Worth that
drought conditions or a water emergency exists, or upon a determination that
emergency conditions exist in the City of Southlake due to imminent or actual
failure of a major component of the water system which may result in a safety
hazard or reduction or lack of supply, shall order that the appropriate stage of the
drought contingency/emergency water management plan be initiated. The City
will provide notice that a stage has been initiated or terminated and that
appropriate actions are required as follows:
(1) public announcement to the news media;
(2) publication on the City's website; and
(3) publication in a newspaper of general circulation in the City.";
WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 2
(2) Section 1.6.2.3 is amended by deleting the references to Section 1.5.1 of the
Plan; and
(3) Section 1.705 is added to the Plan which shall be and read as follows:
"1.705 Process for Variance
A person shall submit a request for a variance to the requirements of the Plan to
the City Manager of the City of Southlake. The request shall contain the
information required by Fort Worth. Should the City Manager determine that the
variance will meet the requirements of the City of Fort Worth, the City Manager
will forward the request for a variance to the City of Fort Worth, who shall
process the request in accordance with the provisions of the Plan. The City of
Fort Worth may also revoke the variance in accordance with Section 1.7."
(c) Authority. The City Manager is authorized to implement measures prescribed
when required by this Ordinance and by the Plan. The City Manager is authorized to
enforce the measures implemented and to promulgate regulations not in conflict with
this Ordinance or state and federal laws, in aid of enforcement.
(d) Duration of stage. A stage will remain in effect until the City of Fort Worth notifies
the City of Southlake that conditions exist that will allow termination of the stage before
September 30. Upon notification from the City of Fort Worth, the City Manager may
terminate, upgrade or downgrade the stage. Any such change must be made in the
same manner prescribed in Section 1.3 of the Plan. If the stage is initiated because of
imminent or actual failure of a major component of the Southlake water system, all
initiated actions will remain in effect until the City Manager determines that conditions
exist that will allow termination when the emergency has ended.
WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 3
SECTION 2
Violations and Penalties
(a) A person commits an offense if the person knowingly makes, causes or permits
a use of water contrary to the measures implemented by the City Manager as
prescribed in the Plan. For purposes of this subsection, it is presumed that a person has
knowingly made, caused or permitted a use of water contrary to the measures
implemented if the mandatory measures have been formally ordered consistent with the
terms of Section 1 and:
(1) the manner of use has been prohibited by the Plan; or
(2) the amount of water used exceeds that allowed by the Plan; or
(3) the manner or amount used violates the terms and conditions of a
compliance agreement made pursuant to a variance granted by the City of
Fort Worth pursuant to Section 3 hereof.
(b) Any person who violates, disobeys, omits, neglects or refuses to comply with a
measure implemented in accordance with this ordinance and the Plan shall be fined not
more than two thousand dollars ($2,000.00) for each offense. In addition, the following
penalties shall apply:
(1) If a person is convicted of violating, disobeying, omitting, neglecting or
refusing to comply with a measure implemented in accordance with this section and the
drought contingency/emergency water management plan two times, the City may install
a flow restrictor in the water line to the premises where the violations occurred to limit
the amount of water that may pass through the meter in a twenty -four-hour period; and
(2) If a person is convicted of violating, disobeying, omitting, neglecting or
refusing to comply with a measure implemented in accordance with this section and the
drought contingency/emergency water management plan three times, the City may
discontinue water service to the premises where the violation occurred.
WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 4
SECTION 3
Authority Under Other Laws
Nothing in this Ordinance shall be construed to limit the authority of the Mayor,
the City Council or the City Manager to seek emergency relief under the provisions of
any state or federal disaster relief act.
SECTION 4
Cumulative Clause
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event, the conflicting provisions of such
ordinances are hereby repealed. Ordinance No. 662-A is hereby repealed.
SECTION 5
Savings Clause
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6
Publication Clause
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 5
forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance or its caption and penalty in the official City
newspaper one time within ten (10) days after final passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake, Texas.
SECTION 7
Severability Clause
All rights and remedies of the City of Southlake, Texas, are expressly saved as to
any and all violations of the provisions of Ordinance No. 662-A or any other ordinances
affecting which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 8
Effective Date
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS .2ga_ DAY OF
2006.
Mayor
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WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 6
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2006.
Mayor
ATTEST:
City Secretary 4k• ° ,
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APPFQ,VED AS TO FORM AND LEGALITY:
(z4a—Jl5z,z
City Attorney
Date: 2.7
Adopted: 1-17- OIP
Effective: / - 2b , Ob
WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 7
EXHIBIT "A"
PORTIONS OF THE CITY OF FORT WORTH DROUGHT
CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN
WASouthlake\Ordinances\Drought Ordinance\Ordinance No. 662B.doc Page 8
FORT WORTH. Drought Contingency1
WAS
Emergency dater Management Flan
This Drought Contingeny / Emergency Water Management Plan (the "Plan") outlines the triggers and
actions associated with each of the respective water management stages. These stages are:
• Stage i - Dry Conditions
• Stage 2 - Water Watch
• Stage 3 - Water Warning
• Stage 4 - Emergency Water Use Management
These stages can be triggered by supply, distribution system, and treatment system constraints. They can
also be triggered by Fort Worth's wholesale water provider, Tarrant Regional Water District.
1.2 Monitoring Information for the Plan
System demands are currently monitored on a daily basis by the production staff of the City of Fort Worth
Water Department. In addition, temperature and rainfall data are recorded by the National Weather Service.
The City analyzes this data to determine when termination of a stage is appropriate.
1.3 Hover the Plan is Initiated and Terminated
The City Manager or his/her designee is responsible for initiating and terminating the respective stages of
the Plan. The City will provide notice that a stage has been initiated or terminated and that appropriate
actions are required as follows:
• Public announcement to the news media;
• Publication on the City's website;
• Publication in a newspaper of general circulation;
• Notification of the City's wholesale customers; and
• Notification of all relevant state agencies:
1.4 System Capacity Baseline for Water Management Stage Triggers
System capacity with regards to the defined triggers is the total reliable pumping capacity. Therefore the
system capacity baseline for triggers is 400 million gallons per day (mgd). See Table 1 below for more
details of the yields of each of the treatment plants. This trigger number will be evaluated each year to take
into consideration improvements that may have been added to the system.
City of Fort Worth
Foxes I'�var_li 4-2 Drought Contingency/Emergency Water Management Plan
Table 1: Treatment Plant Capacities
�
Treatment: Plant
Design.-.
Reliable
Pumping
�n million. ailo6s per. -day)
( 9 P Yi ,:
Capacity
P LY
Capacity .
(mgd) :
(m9d)
Rolling .Hills, .est. °1972 .
200 : ..
.155' '.
'North .Holly, est. 1:922
..80
. 70.
South Hally, es.tI962:.-..- < :
-100,:_.`
:SQ.
Eagle' Mountain, est. 1992..
Total
450..:: .;
:::: 400
Source: Fort bYorth Water Department Mater Master Plan, 2005
1.5.4 System information
The City purchases water from the Tarrant Regional Water District (TRWD). This water is from four
major sources, as seen in Figure 1.1.
• The West Fork of Trinity River via Lake Worth, Eagle Mountain Lake, and Lake Bridgeport;
• Clear Fork ofthe Trinity River via Lake Benbrook (A pipeline connects Lake Benbrook to the
Rolling Hills Water Treatment Plant to supplement supply to that plant. A pump station on the
Clear Fork of the Trinity River also supplies the Holly Water Treatment Plant.);
• Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth; and
• Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth.
1.5.5 Utilization of Alternate Water Sources
The Fort Worth Water System does not have alternate water sources outside its current reservoirs. The
City does not have alternative external delivery mechanisms, but does have the ability to distribute
water throughout its system from any of its treatment plants.
Citv of Fort Worth
1.6 Drought and Emergency Water Management Stages
City;Wide 1.6.1 Stage 1 - Dry Conditions (City -Wide)
he
15
1.6.1.1 Initiation
This stage is currently implemented full-time on a voluntary basis.
TRIGGERS
Not Applicable OR
1.6.1.2 Actions by City
TRWD TRIGGERS
emands greater than 25% above antic
pated for two consecutive months, or
West Fork at 50% capacity
projected within three months
• The City continues to reduce its own water use (e.g., fountains, landscape watering).
• The City notifies its wholesale customers that conservation is ongoing and that appropriate
actions are required.
• The City continues its ongoing public education efforts.
• If TRWD initiates Stage 1, the City will increase its public awareness programs.
• If TRWD initiates Stage 1, the City will reduce diversions from the TRWD West Fork
reservoirs and increase pumpage from the Eastern Division reservoirs as requested by
TRWD.
1.6.1.3 Requested Actions
• The City requests that residents voluntarily water only once every five days. The City also
requests that there be no watering between the hours of 10 am. and 6 p.m.
• The City requests that golf courses voluntarily water fairways only once every five days.
The City also requests that there be no watering between the hours of 10 a.m. and 6 p.m.
1.6.1.4 Goal
The goal is to achieve a voluntary reduction in water use.
1.6.1.5 Termination of Stage: Not Applicable (ongoing)
This stage remains continually in effect.
City of Fort Worth
FaRrta Drought Contingency/Emergency Water Management Plan 1-5
sectorized 1,6.2 Stage 2: Water Watch (Sectorized or City -Wide)
>. 1.6.2.1 Initiation
City -Wide This stage can be applied to sections of the city (refer to Section 1.5.2) to reduce impact on the
*_0
entire city. If more than two sectors are affected, it immediately goes into effect for the entire
city.
This stage is activated when one or more sectors of the city are at 95% of reliable pumping
capacity for three consecutive days.
The stage is also activated if TRWD projects that water in storage in the West Fork reservoirs
will decline to less than 50% capacity within two weeks and that water in storage for all the
TRWD reservoirs has declined to 60% of capacity.
TRIGGERS
95% of reliable pumping
capacity for three
consecutive days
1.6.2.2 Actions by City
OR
TRWD TRIGGERS
East Texas system pipeline demands at 90% of
capacity for three consecutive days, or
West Fork projected to reach 50% capacity within
two weeks, and total system at 60% capacity
1
• When this stage is initiated, the City will further reduce its own water use. The City will
prohibit its own use of water for street washing, vehicle washing, operation of ornamental
fountains, and all other non -essential uses.
• The City will increase public information efforts on water conservation.
• An internal working group will analyze the conditions which triggered the stage and will
monitor for subsequent stages.
• Installation of new landscaping will be discouraged.
1.6.2.3 Prohibited Actions (See Exceptions 1.6.2.4)
FKatering Schedule • Watering, except on the schedule of once every five days, as outlined in Section 1.5.1 of
See Section.1.5.1 this plan.
Page DI -.3 • Watering between the hours of 10 am. and 6 p.m.
• Hosing off paved areas, buildings, or windows.
• Actions which create water running into the street, or otherwise waste water.
• Use of water from hydrants for any purpose other than firefighting related activities or
other activities necessary to maintain public health, safety and welfare.
• Non-commercial vehicle washing that does not occur at a commercial car wash or
commercial service station which uses a recirculating water system.
1.6.2.4 Exceptions
• Watering using hand-held hose or bucket can be conducted any day.
City of Fort Worth
FnerT �3r�i 1-6 Drought Contingency/Emergency Water Management Plan
• Newly planted landscaping (planted in the spring of the current year),commercial plant
nurseries, and public gardens may water on any day.
• Use of water from designated fire hydrants for construction purposes may be allowed
under a special pen -nit from the Fort Worth Water Department. -
All landscape watering exceptions must still abide by the 10 a.m. to 6 pm. water restrictions.
1.6.2.5 Requested Actions
• The City requests that installation of new landscapes should be delayed until all watering
restrictions are lifted.
1.6.2.6 Goal
By the end of the first week after initiation of the stage, the City anticipates a 5% reduction in
system demand.
1.6.2.7 Termination
All initiated actions will remain in effect until the conditions that triggered the stage have been
eliminated. If the order is initiated because of excessive demands, all initiated conditions will
remain in effect through September 30 of the year in which they are triggered unless the City
Manager determines conditions exist which allow termination of this stage before September
30. Upon termination of Stage 2, Stage 1 becomes effective.
City of Fort Worth
V°—!cm Drought Contingency/ Emergency Water Management Plan 1-7
sectorized 1.6.3 Stage 3: Water Warning (Sectorized or City-wide)
This stage can be applied to sections of the city (refer to Section 1.5.2) to reduce impact on the entire
lZi , .
city. If more than two sectors are affected, it immediately goes into effect for the entire city.
CiFWide 1.6.3.1 Initiation
t This stage is initiated when one or more sectors of the city are at 98% of reliable supply for
three consecutive days. The stage is also initiated if TRWD projects that water in storage in all
the TRWD reservoirs has declined to 50% of capacity.
TRIGGERS
98% of retiable pumping capacity
for three consecutive days
1.6.3.2 Actions by City
TRWD TRIGGERS
East Texas system pipeline demands
exceed capacity for 24 hours, or
total system at 50% capacity
• When this stage is triggered, the City will further reduce its own water use. The City will
prohibit its own use of water for street washing, vehicle washing, operation of ornamental
fountains, and all other non -essential uses.
• The City will discontinue its landscape watering except as needed to prevent foundation
damage, to preserve new plantings, save rare plantings, and to keep golf greens and tee
boxes alive. The daily watering restrictions will be enforced for these exceptions.
• The City will increase public information efforts on the water supply. More information
will be available on the Water Department website.
• An internal working group will analyze the conditions which triggered the stage and will
monitor for subsequent stages.
1.6.3.3 Prohibited Actions (See Exceptions 1.6.3.4)
Of the following restrictions, only the scheduling and time -of --day watering limits apply to
those using treated effluent.
Watering Schedule . Watering, except on the schedule of once every five days, as outlined in Section 1.5.1 of
See Section 1.5.1 this plan.
Page DI-3 • Watering between the hours of 10 am. and 6 p.m.
• Hosing off paved areas, buildings, or windows.
• Operation of ornamental fountains.
• Draining, filling, refilling or adding water to swimming pools and/or jacuzzi type pools.
• Foundation watering, except done by hand-held hose or watering cans, using the five-day
schedule.
• Use of water from hydrants for any purpose other than firefighting related activities or
other activities necessary to maintain public health, safety and welfare.
• Vehicle washing.
• Actions which create water running into the street or otherwise waste water.
City of Fort Worth
Drought Contingency /Emergency Water Management Plan
1.6.3.4 Exceptions
• Watering using a hand-held bucket or hose can be conducted on any day.
• Newly planted landscaping (planted in the spring of the current year), commercial plant
nurseries and public gardens may water on any day.
• Vehicles that need to be washed for health, sanitation, or safety reasons (e.g., food carriers)
are excepted. Any vehicle washing must occur at a commercial car wash or commercial
service station which uses a recirculating water system.
• Use of water from designated fire hydrants for construction purposes may be allowed
under a special permit from the Fort Worth Water Department.
All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions.
1.6.3.5 Requested Actions
• Installation of new landscapes should be delayed until all watering restrictions are lifted.
1.6.3.6 Goal
By the end of the first week after initiation of the stage, the City anticipates a 10% reduction in
system demand.
1.6.3.7 Termination
All initiated actions will remain in effect until the conditions that triggered the stage have been
eliminated. If the stage is initiated because of excessive demands, all initiated conditions will
remain in effect through September 30 of the year in which they are triggered unless the City
Manager determines that conditions exist which allow termination of the stage before
September 30. Upon termination of Stage 3, Stage ? or Stage I may become effective. This
shall be determined by the City Manager in consultation with the Water Director.
City of Fort Worth
Ft>xri Drought Contingency /EmergencyWater Management Plan 1-9
sectorized 1.6.4 Stage 4: Emergency Water Use Management (Sectorized or City-wide)
1.6.4.1 Initiation
stage t , This stawill be initiated in the event of a contamination of the water supply, Citv�. 'Wide b Pp Y, failure of or
damage to major system components, or if demand on the system exceeds delivery capacity.
The stage will also be initiated if TRWD projects that water in storage in all its reservoirs has
x
declined to 25% of capacity.
TRIGGERS
Contamination
Failure of major system component
Damage to major system component
Demand exceeds supply
1.6.4.2 Actions by City
IIIN
TRWD TRIGGERS
Pipeline failure
Reservoir contamination
or
Total system at 25% capacity
• When this stage has been triggered, the City will discontinue its landscape watering except
as needed to prevent foundation damage and to save rare plantings. Foundation watering
must be done by hand-held hose or watering cans.
• The City will increase public information efforts on the water supply. More information
will be available on the Water Department website.
• An internal working group will analyze the conditions which triggered the stage and will
continue to monitor the situation.
1.6.4.3 Prohibited Actions (See Exceptions 1.6.4.4)
• Landscape watering.
• Installation of new landscaping.
• Hosing off paved areas, buildings, or windows.
• Operation of ornamental fountains.
• Draining, filling, refilling or adding water to swi nming pools and/or jacuzzi type pools.
• Foundation watering, except done by hand-held hose or watering cans, using the five-day
schedule.
• Actions which create water running into the street, or otherwise waste water.
• Washing of vehicles.
• Use of water from hydrants for any purpose other than firefighting related activities, or
other activities necessary to maintain public health, safety and welfare.
1.6.4.4 Exceptions
• Vehicles that need to be washed for health, sanitation, or safety reasons (e.g., food carriers)
are excepted. Any vehicle washing must occur at a commercial car wash or commercial
service station which uses a recirculating water system
• Landscape watering and foundation watering must be done by hand-held hose or hand-
held watering cans using a five day schedule.
City of Fort Worth
Drought Contingency/Emergency Water Management Plan 2005 1-10
• New landscaping {landscaping installed during the sprung of the current year} may be
watered daily for the first ten days after establishment, every other day for the next ten
days and then every third day for the next ten days. Beyond that, it shall follow the
schedule above.
• Commercial plant nurseries can water plant stock by hand every other day.
• Watering by governments and public gardens is limited to areas of rare vegetation and rare
plantings.
• Golf courses can water greens and tee boxes on the five-day schedule. Fairways will not
be watered.
• Commercial and public pools may refill water lost to normal daily use, but hosing off
walkways is prohibited.
All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions.
1.6.4.5 Goal
The City will reduce system demand enough to address and rectify the emergency situation as
soon as possible.
1.6.4.6 Termination
All initiated actions will remain in effect until the conditions that triggered the stage have been
eliminated. if the stage is initiated because of excessive demands, all initiated conditions will
remain in effect through September 30 of the year in which they are triggered unless the City
Manager determines that conditions exist which allow termination of the stage before
September 30. Upon termination of Stage 4, Stage 3 or Stage 2 may become effective. This
shall be determined by the City Manager in consultation with the Water Director.
City of Fort Worth
Drought Contingency /Emergency Water Management Plan 2005 4-11
1.6.5 Triggers
Data from studies conducted on system supply dynamics from 2000, 2002, and 2003 suggest that
system usage is directly related to a combination of rainfall and air temperature. When temperatures
are higher than 100 degrees and there has been no rain for three days, system demand increases
sharply. After the third day, historically, system demand continues to increase until either the
temperature drops below .100 degrees or there is noticeable rainfall of more than 0.05 inches in 24
hours. During the same period, therefore, the triggers are set to initiate after at least three consecutive
days of demand equal to or above the stated trigger points.
Additional measures may be invoked whenever necessary or if the Plan stages listed above do not
reduce demand enough to allow proper management of the system.
1.6.6 Reasons for Termination
Once these triggers have been met and a stage has begun, the stage will not be lifted until one of the
following requirements has been met: The specific situation is addressed (such as in the case of an
emergency situation); or the City Manager determines that the condition has subsided. it is anticipated
that no Plan stage will be terminated before September 30, unless the conditions that triggered the
stage have been eliminated, or unless the City Manager determines that conditions exist which allow
termination of the stage.
1.7 Granting Variances to the Plan
1.7.1 Grounds for Granting Variances
The Director of the Water Department may grant temporary variances for water uses otherwise
prohibited under this Plan only if all of the following conditions are met:
1. Granting the variance would not cause an immediate significant reduction in the city's water
supply;
2. Failure to approve the variance would result in an extreme hardship or need relating to the health,
safety, or welfare of the applicant;
3. Granting the variance would not adversely affect the health, safety, and welfare of other persons;
and
4. The applicant signs a compliance agreement on forms provided by the Director and approved by
the City Attorney, agreeing to use water only in the amount and manner approved by the variance.
City of Fort Worth
Drought Contingency/Emergency Water Management Plan 2005 1-12
1.7.2 information Required for Variance Request
Any application for variances shall be ui writing and shall include the following information:
1. Name and address of applicant(s);
2. Purpose of water use;
3. Specific provisions from which relief is requested;
4. Detailed statement of the adverse effect of the provision from which relief is requested;
5. Description of the relief requested;
b. Period of time for which the variance is sought;
7. Alternative measures that will be taken to reduce water use;
8. Methods of measurement and reporting to confirm water use reductions (if applicable); and
9. Other pertinent information.
Direct application to the following address:
Water Department Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth. Texas 76102
1.7.3 Revocation of Variances
The Director may revoke a variance when he or she determines that:
1. The conditions set out in Section 1.7.1 are not being met or are no longer applicable;
2. The terms of the compliance agreement have been violated; or
3. Revocation is advisable to protect the health, safety, or welfare of the public or any person.
1.8 Procedures for Enforcing Mandatory Water Use Restrictions
Mandatory water use restrictions will be imposed during the following stages: Water Watch, Water
Waning, and Emergency Water Use Management. These water use restrictions will be enforced in the
following manner:
First Offense: Written warning.
Subsequent Offenses: Citation, with fines established by Ordinance.
After two violations the City may install a flow restrictor to limit the amount of water that may pass
through the meter in any 24 hour period. After three violations, the City may cut off water service to the
customer.
1.1€3 Review and Update of Emergency Water Management Plan
As required by TCEQ rules, the City of FortWorth and its wholesale customers will review this Plan at
least every five years. The plan may be updated as appropriate based on new or updated information.
City of Fort Worth
Drought Contingency/Emergency Water Management Plan 2005 1-13
INVOICE
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
RECEIVED
Invoice Number:
265254201
FORT WORTH, TX 76102
Invoice Date:
1/20/06
(817) 390-7761
Federal Tax ID 22-3148254
F E B 1 3 2006
Terms:
Net due in 21 days
Due Date:
1 /31 /06
Bill To:
OFFICE OF CITY SECRETARY
PO Number:
NO PO
CITY OF SOUTHLAKE
1400 MAIN ST
Order Number:
26525420
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
1/20/06
Attn Att11: ACCOUNTS PAYABLE
Description
Location Col Depth
Linage MCI
Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO
13580 I 147
147 LINE
$0.81 $119.07
CITY OF
SOUTHLAKE
(1) If a person. is
convicted of violating, l
ORDINANCE
disobeyyingg, omitting,
glcotm , r with ina
AN ORDINANCE OF
THE CITY OF
SOUTHLAKE, TEX-
Lo y
measure implement-
ad in accordance with
Net Amount $119.07
AS, AMENDING THE
DROUGHT CONI'V
this section and the
drought contingency/
GENCY PLAN FOR
THE CITY OF
emergency water
management plan two
SOUTHLAKE. TEX-
times the City may
instal(a flow resto' tor
AS; ESTABLISHING
CRITERIA FOR THE
the
pi the water line to the
Premises where the
INITIATION AND
TERMINATION OF
violations occurred to
limit the amount of
DROUGHT RE-
SPONSE STAGES IN
COMPLIANCE WITH
water hthat may pass
ahroutwenty-four hour
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Pub
for the Star -Telegram, p
depose and say that th
LEGAL DEPT. STAR TLEGI�
violations anti
(817) 390-7320 II
Penalties
(aa)nA offense commits
if the
person knowingly
makes, causes or
permits a use of water
contrary to the mea-
sures implemented by
pprescribed
SUBSCRIBED AND SWORE
in the Plan
For purposes of this
subsection, it is pre-
sumed that a person
has knowingly made,
caused or permitted a
use of water contrary
to the measures im-
plemented if the
Thank You For Yol
mandatory measures
have been formally
ordered consistent
with the terms of
-----------
Section 1 and:
(1) the manner of use
has been prohibited
by the Plan; or
(2) the amount of water
used exceeds that
allowed by the Plan;
Remit To: Star -Tale
the manner or
(3)
amount used violates
P.O. BO
the terms and condi-
tions of a compliance
agreement made
FORT W
pursuant to a variance
granted by the City of
Fort Worth pursuant
to Section 3 hereof.
(b) Any person who
violates, disobeys,
omits, neglects or
refuses to comply with
a measure imple-
mented in accordance
with this ordinance
and the Plan shall be
fined not more than
two thousand dollars
offense.Oin addition,
the following penalties
shall aooly:
(E If , a person. is
convicted of violatin
disobeying, omittin�
neglecting or refusing
to comply with a
measure implement-
ed in accordance with
this section and the
drought contingency/
emergency water
managqement plan
three times,. the City
may discontinue wa-
ter service to the
premises where the
violation occurred.
'PROVED THIS THE
17th DAY OF JANU-
ARY. 2006 DURING
THE REGULAR CITY
COUNCIL MEETING.
MAYOR: Andy
Wambsganss
ATTEST^ oo�rryFarwell,
.rirrerrrsarw.u.�rr,rr.w
'•'"�'�Y+ CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
July 31, 2008
n
iy personally appeared Lisa Wesselman, Bid and Legal Coordinator
)orth, In Tarrant County, Texas; and who, after being duly sworn, did
as published in the above named paper on the listed dates: BIDS &
Customer ID:
Customer Name:
01-2051 Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT57
CITY OF SOUTHLAKE
265254201
$119.07
NO PO
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 264773421
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 1/5/06
Federal Tax ID 22-3148254 F E H - 1 200� Terms: Net due in 21 days
Due Date: 1/31/06
Bill To: OFFICE OF CITY SECRETARY PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 26477342
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 1/5/06
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he 13580 I 16() 160 LINE S0.81 $129.60
CITY OF (3) the manner or
SOUTHLAKE amount used violates
Notice is hereby given the terms and condi-
by the City Council of Lions of a compliance
the City of Southlake. agreement made $129.60
Texas, that a public pursuant to a variance Net Amount:
hearing will be held granted by the City of
on January 17, 2006, Fort Worth pursuant
at 6:00 p.m. or im- to Section 3 hereof.
mediately following (b) Any person who
the Work Session, violates, disobeys,
during the Regular omits, neglects or
City Council meeting refuses to comply with
to be held in the City a measure imple-
Council Chambers of mented in accordance
Town Hall, 1400 Main with this ordinance
Street, Southlake, and the Plan shall be
Texas.Purpose of the fined not more than
public hearing is to two thousand dollars
consider the second ($2,000.00) for each
reading of the fol- offense. In addition,
lowing ordinance: the following penalties
ORDINANCE NO. shall apply:
662-B I(1) If a person is
AN ORDINANCE OF convicted of violating,
THE CITY OF disobeying, omitting,
SOUTHLAKE TEX- neglecting or refusing
AS, AMENDING THE to comply with a
DROUGHT CONTIN- measure implement-
GENTHE PLAN FOR ed In aand h r M.......... CHRI3TYL HOLLAND
THE CITY OF this section and the SOUTHLAKE, TEX- drought contingency/ ;*:AS; ESTABLISHING emergency water MYCOMMI8810NEXPIRES
CRITERIA FOR THE management plan two ;' I,INITIATION AND times the City may , ,, o �Uq 3� 0
THE STATE OF TEX TERMINATION OF install a flow restrictor
DROUGHT RE- in the water line to the _ y
County Of Tarran SPONSE STAGES INI premises where the
COMPLIANCE WITH violations occurred to
THE CITY OF FORT limit the amount of
Before me,a No DROO°UGHTTCONTIN water that may pass ate,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
GENCY/EMERGEN- throuah the meter In
for the Star Telec CY WATER MAN-
AGEMENT aperiodwenty-four-hour:.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn, did
PLAN. 2 If a and
is is me was paper
depose and say ESTABLISHING RE- ( ) published in the above named a er on the listed dates: BIDS&
STRICTIONS ON convicted of violating,
LEGAL DEPT. STA CERTAIN WATER disobeying, omitting,
USES; ESTABLISH-, neglecting or refusing
(817) 390-7320 ING PENALTIES to comply with a
FOR THE VIOLA- measure implement-
TION OF AND PRO- ed in accordance with
VISIONS FOR EN- this section and the
FORCEMENT OF drought contingency/
THESE RESTRIC- emergency water
TIONS' ESTABLISH- management plan
ING PROCEDURES' three times, the City)anua 1 ,SUBSCRIBED AN[ FOR GRANTING may discontinue wa-
VARIANCES; AND ter service to the
PROVIDING CUMU- premises where the
LATIVE AND SEV- violation occurred.
ERABILITY AND City of Southlake OF
SAVINGS CLAUSES. Lori Farwell
AND AN EFFECTIVE City Secretary
DATE.
Thank You Fc ViolatiolnO and .'.nt
Penalties
(anA offense c f rthe
mason knowi
kes, causes n or
permits a use of water
contrary to the mea-
sures implemented by
St the City Manager as Customer ID: CIT57
Remit To: prescribed in the Plan.
For purposes of this
pre •
-
y., it
., sued that a person
has knowinglymade, Customer Name: CITY OF SOUTHLAKE
F( caused ar peer contraryd a ,X 76101-2051 Invoice Number: 264773421
use the watermeasuresi
to im-
plemented if the
mandatory measures i Invoice Amount: $129.60
have been formally
ordered consistent
Swith ection 1 athe ndms of PO Number: NO PO
(1) the manner use
has been prohibited
by the Plan: or Amount Enclosed:
(2)the amount of water
used exceeds that
allowed by the Plan;
or