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Item 4GCity of Southlake, Texas M E M O R A N D U M June 19, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director st Subject: Ordinance No. 662-C; 1 Reading, Revise the City of Southlake’s Drought Contingency Plan.(If approved at first reading, the public hearing will be held July 17, 2007) ________________________________________________________________________ st Action Requested: Ordinance No. 662-C; 1 Reading, Revise the City of Southlake’s Drought Contingency Plan. Background Information: In 1997, the Texas Commission on Environmental Quality (TCEQ) amended Title 30, Texas Administrative Code, Chapter 288. The revised Chapter 288 requires that public water suppliers serving 3,300 or more customers submit a revised current drought contingency plan to TCEQ and re-submit every five (5) years thereafter. On January 2006, the City of Southlake adopted Ordinance 662-B revising the previous Drought Contingency plan to mirror the plan adopted by the City on Fort Worth. Given the unique water storage and distribution limitations of the City of Southlake along with the peak demands associated with irrigation during the summer months, it is necessary to give consideration to local limitations included in the proposed ordinance. The revised Ordinance includes the four stages associated with drought management and their respective requested actions. This latest revision of the Drought Contingency plans includes local triggers for the four stages. These stages are as follows and subsequent stages include the restrictions of the preceding stage: Stage 1 – Dry Conditions Voluntary watering only once every five days. No watering between 10am and 6pm. Stage 2 – Water Watch City will not use water for sidewalk washing, City vehicle washing, or fountains. No hosing off of paved areas, buildings or windows. New landscaping installations will be delayed. Stage 3 – Water Warning 1 No filling of swimming pools or vehicle washing. No use of water for construction. Stage 4 – Emergency Water Use Management No landscape watering. If any of the local triggers for these stages is reached, the Public Works Director will activate the respective measures for that stage. If the City of Fort Worth activates a particular conservation stage, the City of Southlake is required by contract to implement the same conservation measures. Should conditions warrant standing down from any particular stage in the Drought Contingency Plan, language in the proposed Plan and Ordinance is provided that gives the Director of Public Works the authority to stand down from any stage prior to the date established in the Ordinance. Please note that the elevations at which each of the stages are to be implemented have been revised from what was presented to Council on May 19, at the recommendation of our consultant. Also, a minimum period of 2 weeks is required between stages. This is required in order to prevent confusion to the Public while the information is being disseminated to the Public regarding stage changes. Financial Considerations: None Citizen Input/ Board Review: None Legal Review: The City Attorney has reviewed and approved the ordinance. Alternatives: The City Council may approve or modify the ordinance. Supporting Documents: Ordinance Staff Recommendation: Authorize the Mayor to execute the revision to the Drought Contingency Ordinance 662-C. Staff Contact: Robert H. Price, P.E., Public Works Director x8097 Chuck Kendrick, Deputy Director of Public Works/Operations x8080 2 ORDINANCE NO. 662-B 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 th , 2004; and Plans, Guidelines and Requirements effective on October 7 WHEREAS, the City entered into a Contract for Water Service with the City of Fort Worth on th September 4, 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; 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. 3 (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 (TAC) 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: How the Plan is Initiated and Terminated (1) Section 1.3, , 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.”; (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 4 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. 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. 5 SECTION 3 Authority Under Other Laws Nothing in this Ordinance shall be construed to limit the authority of the Mayor, the City Council or the City Manager to seek emergency relief under the provisions of any state or federal disaster relief act. SECTION 4 Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event, the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 662-A is hereby repealed. SECTION 5 Savings Clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Publication Clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake, Texas. 6 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 _____ DAY OF ________________, 2006. __________________________ Mayor ATTEST: __________________________ City Secretary 7 PASSED AND APPROVED ON SECOND READING ON THIS _____ DAY OF ________________, 2006. __________________________ Mayor ATTEST: __________________________ City Secretary APPROVED AS TO FORM AND LEGALITY: __________________________ City Attorney ______________________ Date: _____________________ Adopted: _____________________ Effective: 8 EXHIBIT “A” PORTIONS OF THE CITY OF FORT WORTH DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN 9 10 11 12 13 14 15 16 17 18 19 20 ORDINANCE NO. 662-C 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 STAGESFOR LOCAL WATER DELIVERY LIMITATIONS AND COMPLIANCE WITH THE CITY OF FORT WORTH’S DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN. ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to Title 30, Texas Administrative Code (TAC), Chapter 288 – Water Conservation Plans, Drought Contingency Plans, Guidelines and th Requirements effective on October 7, 2004; and WHEREAS, the City entered into a Contract for Water Service with the th City of Fort Worth on September 4, 2002 to purchase treated water of potable quality and Section 2.3 of this Contract requires the City of Southlake, to institute and apply the same rationing, conservation measures, or restrictions to the use of water as Fort Worth in the event the City of Fort Worth implements such water conservation measures; and WHEREAS, the City of 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/emergency water management plan. The City of Southlake, Texas, hereby adopts amendments to sections 1.6 through 1.10 of the City of Fort Worth’s Drought Contingency/Emergency Water Management Plan, (the “Plan”), as contained in Exhibit “A”, attached hereto and incorporated as if fully set forth herein; provided however, the following sections of the plan are amended to read as follows: How the Plan is Initiated and Terminated (1) Section 1.3, , is amended to read: The Public Works Director, upon notification from the City of Fort Worth that drought conditions or a water emergency exists, or upon a determination that emergency conditions exist in the City of Southlake due to local water system limitations or imminent or actual failure of a major component of the water system which may result in a safety hazard or reduction or lack of supply, shall order that the appropriate stage of the drought contingency/emergency water management plan be initiated. The City will provide notice that a stage has been initiated or terminated and that appropriate actions are required as follows: (1) public announcement to the news media; (2) publication on the City's website; and (3) publication in a newspaper of general circulation in the City.”; (2) Section 1.6.2.3 is amended by deleting the references to Section 1.5.1 of the Plan; and (3) 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 Public Works Director of the City of Southlake. The request shall contain the information required by Fort Worth. Should the Public Works Director determine that the variance will meet the requirements of the City of Fort Worth, the Public Works Director will forward the request for a variance to the City of Fort Worth, who shall process the request in accordance with the provisions of the Plan. The City of Fort Worth may also revoke the variance in accordance with Section 1.7.” (c)Authority. The Public Works Director is authorized to implement measures prescribed when required by this Ordinance and by the Plan. The Public Works Director is authorized to enforce the measures implemented and to promulgate regulations not in conflict with this Ordinance or state and federal laws, in aid of enforcement. (d)Duration of stage. A stage will remain in effect until the City of Fort Worth notifies the City of Southlake that conditions exist that will allow termination of the stage before September 30. Upon notification from the City of Fort Worth, the Public Works Director may terminate, upgrade or downgrade the stage. Any such change must be made in the same manner prescribed in Section 1.3 of the Plan. If the stage is initiated because of imminent or actual failure of a major component of the 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. 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. SECTION 3 Authority Under Other Laws Nothing in this Ordinance shall be construed to limit the authority of the Mayor, the City Council or the City Manager to seek emergency relief under the provisions of any state or federal disaster relief act. SECTION 4 Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event, the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 662-A is hereby repealed. SECTION 5 Savings Clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Publication Clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake, Texas. SECTION 7 Severability Clause All rights and remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 662-A or any other ordinances affecting which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8 Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS _____ DAY OF ________________, 2006. __________________________ Mayor ATTEST: __________________________ City Secretary PASSED AND APPROVED ON SECOND READING ON THIS _____ DAY OF ________________, 2006. __________________________ Mayor ATTEST: __________________________ City Secretary APPROVED AS TO FORM AND LEGALITY: __________________________ City Attorney ______________________ Date: _____________________ Adopted: _____________________ Effective: EXHIBIT “A” PORTIONS OF THE CITY OF FORT WORTH DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN EXHIBIT “A” Drought Contingency / Emergency Water Management Plan This Drought Contingency / Emergency Water Management Plan (the “Plan”) outlines the triggers and actions associated with each of the respective water management stages. These stages are: • Stage 1 - Dry Conditions • Stage 2 - Water Watch • Stage 3 - Water Warning • Stage 4 - Emergency Water Use Management These stages can be triggered by supply, distribution system, and treatment system constraints. They can also be triggered by Fort Worth's wholesale water provider, Tarrant Regional Water District. 1.2 Monitoring Information for the Plan System demands are currently monitored on a daily basis by the production staff of the City of Fort Worth and the City of Southlake Water Department. In addition, temperature and rainfall data are recorded by the National Weather Service. The Cities analyze this data to determine when implementation or termination of a stage is appropriate. 1.3 How the Plan is Initiated and Terminated The Public Works Director or his/her designee is responsible for initiating and terminating the respective stages of the Plan. The City will provide notice that a stage has been initiated or terminated and that appropriate actions are required as follows: • Public announcement to the news media; • Publication on the City's website; • Publication in a newspaper of general circulation; • Notification of the City's wholesale customers; and • Notification of all relevant state agencies. 1.4 System Capacity Baseline for Water Management Stage Triggers System capacity with regards to the defined triggers is the total reliable pumping capacity. Therefore the system capacity baseline for triggers is 400 million gallons per day (mgd). See Table 1 below for more details of the yields of each of the treatment plants. This trigger number will be evaluated each year to take into consideration improvements that may have been added to the system. 1 1.5 Main Components of the Plan 1.5.1 Schedule of Watering The City has set voluntary schedule of watering guidelines as outlined in Table 2 below. These guidelines become mandatory if Stage 2 or any subsequent stage is initiated. The guidelines for times of watering also follow the same pattern: The 10 a.m. to 6 p.m. guidelines are voluntary until Stage 2 or any subsequent stage is initiated. No watering will be allowed on the 31st. The lowest number will identify apartments, office building complexes, or other properties containing multiple addresses. Where there are no numbers, a number will be assigned by the Water Director. These restrictions also apply to government facilities. 1.5.4 System Information The City purchases water from the Tarrant Regional Water District (TRWD). This water is from four major sources, as seen in Figure 1.1. 2 • The West Fork of Trinity River via Lake Worth, Eagle Mountain Lake, and Lake Bridgeport; • Clear Fork of the Trinity River via Lake Benbrook (A pipeline connects Lake Benbrook to the Rolling Hills Water Treatment Plant to supplement supply to that plant. A pump station on the Clear Fork of the Trinity River also supplies the Holly Water Treatment Plant.); • Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth; and • Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth. 1.5.5 Utilization of Alternate Water Sources The Fort Worth Water System does not have alternate water sources outside its current reservoirs. The City does not have alternative external delivery mechanisms, but does have the ability to distribute water throughout its system from any of its treatment plants. 1.6Drought and Emergency Water Management Stages 1.6.1Stage 1 – Dry Conditions (City-Wide) 3 1.6.1.1 Initiation This stage is currently implemented full-time on a voluntary basis in the City of Southlake. Southlake Fort Worth Tarrant Regional TriggersTriggersTRWD Triggers not applicable ornot applicable orDemands greater than voluntaryvoluntary25% above anticipated for two consecutive months, or West Fork at 50% capacity projected within three months 1.6.1.2 Actions by City The City continues to reduce its own water use (e.g., fountains, landscape watering). The City notifies its wholesale customers that conservation is ongoing and that appropriate actions are required. The City continues its ongoing public education efforts. If Fort Worth initiates Stage 1, the City will increase its public awareness programs. 1.6.1.3 Requested Actions The City requests that residents voluntarily water only once every five Watering days. The City also requests that there be no watering between the hours Schedule of 10 a.m. and 6 p.m. See Attachment The City requests that golf courses voluntarily water fairways only once No. 1 every five days. The City also requests that there be no watering between the hours of 10 a.m. and 6 p.m. 1.6.1.4 Goal The goal is to achieve a voluntary reduction in water use. 1.6.1.5 Termination of Stage: Not Applicable (ongoing) This stage remains continually in effect. 1.6.2Stage 2: Water Watch: 4 1.6.2.1 Initiation This stage is activated by the Director of Public Works if the tank levels in the three (3) elevated tanks of the low pressure plane fall below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three (3) consecutive days. Or the City of Fort Worth activates this stage if: one or more sectors of the City of Fort Worth 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% capacity. Southlake Fort Worth Tarrant Regional TriggersTriggersTRWD Triggers Elevated Tank 95% of reliable East Texas system or levels fall below pumping capacity for pipeline demands at or 18’ from tank three consecutive days 90% of capacity for bottom for three (City of Fort Worth) three consecutive days, or West Fork projected consecutive days to reach 50% capacity within two weeks, and total system at 60% capacity 1.6.2.2 Actions by City When this stage is initiated, the City will further reduce its own water use. The City will prohibit its own use of water for street washing, vehicle washing, operation of ornamental fountains, and all other non-essential uses. The City will increase public information efforts on water conservation. An internal working group will analyze the conditions which triggered the stage and will monitor for subsequent stages. Installation of new landscaping will be discouraged. 1.6.2.3 Prohibited Actions (See Exceptions 1.6.2.4) Watering, except on the schedule of once every five days as outline in Section 1.5.1 of this plan. Watering between the hours of 10 a.m. and 6 p.m. Watering Schedule See 5 Attachment No. 1 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. Newly planted landscaping (planted in the spring of the current year), commercial plant nurseries, and public gardens may water on any day. Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Public Works Department. All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions. 1.6.2.5 Requested Actions The City requests that installation of new landscapes should be delayed until all watering restrictions are lifted. 1.6.2.6 Goal By the end of the first week after initiation of the stage, the City anticipates a 5% reduction in system demand. 1.6.2.7 Termination All initiated actions will remain in effect until the conditions that triggered the stage have been eliminated. If the order is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the Director of Public Works determines conditions exist which allow termination of this stage before September 30. Upon termination of Stage 2, Stage 1 becomes effective. 1.6.3Stage 3: Water Warning: 1.6.3.1 Initiation This stage is activated by the Director of Public Works if Stage 2 water watch has been initiated and in effect for two (2) weeks, and tank levels in the three (3) 6 elevated tanks of the low pressure plane fall below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and have continued to fall below this level for three (3) consecutive days, with the Pearson Road Pump Station at 100% capacity. Or the City of Fort Worth activates this stage if: one or more sectors of the City of Fort Worth are at 95% of reliable pumping capacity for three consecutive days. The stage is also activated 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% capacity. Southlake Fort Worth Tarrant Regional Triggers Stage 2 has been TriggersTRWD Triggers initiated and in effect 98% of reliable East Texas system for two (2) weeks and or pumping capacity for pipeline demands elevated tank levels or three consecutive days exceed capacity for 24 fall below 18’ from hours, or total system at (City of Fort Worth) tank bottom 50% capacity 1.6.3.2 Actions by City When this stage is triggered, the City will further reduce its own water use. The City will prohibit its own use of water for street washing, vehicle washing, operation of ornamental fountains, and all other non-essential uses. The City will discontinue its landscape watering except as needed to prevent foundation damage, to preserve new plantings, save rare plantings, and to keep golf greens and tee boxes alive. The daily watering restrictions will be enforced for these exceptions. The City will increase public information efforts on the water supply. More information will be available on the Water Department 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, except on the schedule of once every five days, as outlined in Section 1.5.1 of this plan. Watering between the hours of 10 a.m. and 6 p.m. Watering Schedule See Attachment 7 No. 1 Hosing off paved areas, buildings, or windows. Operation of ornamental fountains. Draining, filling, refilling or adding water to swimming pools and/or Jacuzzi type pools. Foundation watering, except done by hand-held hose or watering cans, using the five-day schedule. Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare. Vehicle washing. Actions which create water running into the street or otherwise waste water. 1.6.3.4 Exceptions Watering using a hand-held bucket or hose can be conducted on any day. Newly planted landscaping (planted in the spring of the current year), commercial plant nurseries and public gardens may water on any day. Vehicles that need to be washed for health, sanitation, or safety reasons (e.g., food carriers) are excepted. Any vehicle washing must occur at a commercial car wash or commercial service station which uses a recirculating water system. Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Public Works Department. 1.6.3.5 Requested Actions Installation of new landscapes should be delayed until all watering restrictions are lifted. 1.6.3.6 Goal By the end of the first week after initiation of the stage, the City anticipates a 10% reduction in system demand. 1.6.3.7 Termination All initiated actions will remain in effect until the conditions that triggered the stage have been eliminated. If the stage is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the Director of Public Works determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 3, Stage 2 or Stage 1 may become effective. This shall be determined by the Director of Public Works in consultation with the Water Director. 1.6.4Stage 4: Emergency Water Use Management 1.6.4.1 Initiation 8 This stage is activated by the Director of Public Works if Stage 3 water warning has been initiated and in effect for two (2) weeks, and tank levels in the three (3) elevated tanks of the low pressure plane fall below twelve (12) feet, measured from the bottom of the tank bowl to the water level in the tank, and have continued to fall below this level for three (3) consecutive days, with the Pearson or Road Pump Station at 100% capacity, if there is a major malfunction of the system, including pumping equipment, supply lines, major distribution lines, power failure, storage facilities or; the City of Fort Worth activates this stage if; in the event of a contamination of the water supply, failure of or damage to major system components, or if demand on the system exceeds delivery capacity as deemed by the Director of Public Works. The stage will also be initiated if TRWD projects that water in storage in all its reservoirs has declined to 25% of capacity. Southlake Fort Worth Tarrant Regional TriggersTriggersTRWD Triggers or With Stage 3 in effect Contamination Pipeline failure or for two weeks, the water Failure of major Reservoir contamination level in 3 elevated system component or total system at 25% storage tanks falls below Damage to major capacity 12’ for three consecutive system component daysDemand exceeds or supply Major malfunction of major components of water system or At the discretion of the Director of Public works 1.6.4.2 Actions by City When this stage has been triggered, the City will discontinue its landscape watering except as needed to prevent foundation damage and to save rare plantings. Foundation watering must be done by hand-held hose or watering cans. The City will increase public information efforts on the water supply. More information will be available on the Water Department website. An internal working group will analyze the conditions which triggered the stage and will continue to monitor the situation. 9 1.6.4.3 Prohibited Actions (See Exceptions 1.6.4.4) Landscape watering. Installation of new landscaping. Hosing off paved areas, buildings, or windows. Operation of ornamental fountains. Draining, filling, refilling or adding water to swimming pools and/or Jacuzzi type pools. Foundation watering, except done by hand-held hose or watering cans, using the five-day schedule. Actions which create water running into the street, or otherwise waste water. Washing of vehicles. Use of water from hydrants for any purpose other than firefighting related activities, or other activities necessary to maintain public health, safety and welfare. 1.6.4.4 Exceptions Vehicles than need to be washed for health, sanitation, or safety reasons (e.g., food carriers) are excepted. Any vehicle washing must occur at a commercial car wash or commercial service station which uses a recirculating water system. Landscape watering and foundation watering must be done by hand-held hose or hand-held watering cans using a five day schedule. New landscaping (landscaping installed during the spring of the current year) may be watered daily for the first ten days after establishment, every other day for the next ten days and then every third day for the next ten days. Beyond that, it shall follow the schedule above. Commercial plant nurseries can water plant stock by hand every other day. Watering by governments and public gardens is limited to areas of rear vegetation and rare plantings. Golf courses can water greens and tee boxes on the five-day schedule. Fairways will not be watered. Commercial and public pools may refill water lost to normal daily use, but hosing off walkways is prohibited. All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions. 1.6.4.5 Goal The City will reduce system demand enough to address and rectify the emergency situation as soon as possible. 10 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 Director of Public Works determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 4, Stage 3 or Stage 2 may become effective. This shall be determined by the Director of Public Works in consultation with the Water Director. 1.6.5Triggers Data from studies conducted on system supply dynamics from 2003 thru 2006 suggest that system usage is directly related to a combination of rainfall and air temperature. When temperatures are higher than 100 degrees and there has been no rain for three days, system demand increases sharply. After the third day, historically, system demand continues to increase until either the temperature drops below 100 degrees or there is noticeable rainfall of more than 0.05 inches in 24 hours. During the same period, therefore, the triggers are set to initiate after at least three consecutive days of demand equal to or above the stated trigger points. Additional measures may be invoked whenever necessary or if the Plan stages listed above do not reduce demand enough to allow proper management of the system. 1.6.6Reasons for Termination Once these triggers have been met and a stage has begun, the stage will not be lifted until one of the following requirements has been met: The specific situation is addressed (such as in the case of an emergency situation); or the Director of Public Works determines that the condition has subsided. It is anticipated that no Plan stage will be terminated before September 30, unless the conditions that triggered the stage have been eliminated, or unless the Director of Public Works determines that conditions exist which allow termination of the stage. 1.7 Granting Variances to the Plan 1.7.1Grounds 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; 11 3.Granting the variance would not adversely affect the health, safety, and welfare of other persons; and 4.The applicant signs a compliance agreement on forms provided by the Director and approved by the City Attorney agreeing to water only in the amount and manner approved by the variance. 1.7.2Information Required for Variance Request Any application for variances shall be in writing and shall include the following information: 1.Name and address of applicant(s); 2.Purpose of water use; 3.Specific provisions from which relief is requested; 4.Detailed statement of the adverse effect of the provision from which relief is requested; 5.Description of the relief requested; 6.Period of time for which the variance is sought; 7.Alternative measures that will be taken to reduce water use; 8.Methods of measurement and reporting to confirm water use reduction (if applicable); and 9.Other pertinent information. Direct application to the following address: Department of Public Works City of Southlake 1400 Main Street Southlake, Texas 76092 1.7.3Revocation 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 Warning, and Emergency Water Use Management. These water use restrictions will be enforced in the following manner: 12 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. 1.10Review and Update of Emergency Water Management Plan As required by TCEQ rules, the City of Southlake will review this Plan at least every five years. The plan my be updated as appropriate based on new or updated information. 13