Item 7CCity of Southlake, Texas
M E M O R A N D U M
January 17, 2006
TO: Shana Yelverton, City Manager
FROM: Charlie Thomas, P.E., Interim Director of Public Works, x8089
nd
Ordinance No. 662-B; 2 Reading, Revise the City of Southlake’s
SUBJECT:
Drought Contingency Plan to adopt the City of Fort Worth’s Drought
Contingency/Emergency Water Management Plan. City Council
st
approved 1 Reading on January 3, 2006.
________________________________________________________________________
nd
Action Requested:
Ordinance No. 662-B; 2 Reading, Revise the City of Southlake’s
Drought Contingency Plan to adopt the City of Fort Worth’s Drought
Contingency/Emergency Water Management Plan. City Council approved
st
1 Reading on January 3, 2006.
Background
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Information:
On October 7, 2004, 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.
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On September 4, 2002, the City of Southlake entered into a new Contract
for Water Service with the City of Fort Worth. Per Section 2.3 of this
agreement, the City of Southlake is obligated to institute and apply the
same rationing, conservation measures, or restrictions to the use of water
in the event the City of Fort Worth implements such water conservation
measures.
Given the conservation provisions outlined in the Contract for Water
Service with the City of Fort Worth, the Public Works staff has amended
the Drought Contingency Ordinance to adopt Fort Worth’s Emergency
Water Management Plan and be in compliance with TCEQ requirements.
The Ordinance was revised to include the four stages associated with
drought management and their respective requested actions. These 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
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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
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 triggers for these stages is reached, and the City Manager for
the City of Fort Worth initiates the respective measures, the City of
Southlake shall implement these same conservation measures.
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:
Exhibit “A” - Ordinance 662-B
Staff
Recommendation:
Authorize the Mayor to execute the revision to the Drought Contingency
Ordinance (662-B) to be in compliance with state law requirement.
Staff
Contact:
Charlie Thomas, P.E., Interim Public Works Director x8098
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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
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Plans, Guidelines and Requirements effective on October 7, 2004; and
WHEREAS,
the City entered into a Contract for Water Service with the City of Fort Worth on
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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.
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(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
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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.
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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.
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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
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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:
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EXHIBIT “A”
PORTIONS OF THE CITY OF FORT WORTH DROUGHT CONTINGENCY/EMERGENCY WATER
MANAGEMENT PLAN
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