0662-A
ORDINANCE NO. A
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; 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 SEVERABILITY; 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;
WHEREAS, the City recognizes that natural limitations due to drought conditions
and other acts of God cannot guarantee an uninterrupted water supplyfor all purposes;
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of
the Texas Commission on Environmental Quality require all public water supply
systems in Texas to prepare a drought contingency plan; and
WHEREAS, as authorized under law, and in the best interests of the citizens of
Southlake, Texas, the City Council deems it expedient and necessary to establish
certain rules 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
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The City of Southlake hereby adopts an amended Drought Contingency Plan,
(the "Plan"), as contained in Attachment "A", attached hereto and incorporated as if
fully set forth herein.
SECTION 2
The City Manager is hereby authorized to declare the existence of the trigger
conditions for mild and moderate conditions, as detailed in the Plan, to initiate the
measures prescribed for such conditions, and to terminate the conditions when the
emergency has ended. Further, the Mayor is hereby authorized to declare the
existence of the trigger conditions for severe conditions and critical emergency
conditions, as detailed in the Plan, and to initiate the appropriate actions prescribed for
such conditions, and to terminate the conditions when the emergency has ended.
SECTION 3
When the City Manager or the Mayor has made a determination that the
conditions of a water emergency exist, the City Manager or Mayor may order that the
emergency measures set forth in the Plan be implemented. To be effective, the order
must be published in a newspaper of general circulation in the city within twenty-four
(24) hours.
SECTION 4
A person commits an offense if he 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 section, it is presumed that a person has made, caused or
permitted a use of water contrary to the measures implemented if the mandatory
measures have been formally ordered consistent with the Plan 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.
SECTION 5
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.
SECTION 6
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
C:AWINNT\TEMPORARY INTERNET FILES\OLK2B7\DROUGHTPLAN.WPD (10-23-02)
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
SECTION 8
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 days after final passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 9
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 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 10
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
oyP.w~,bal , 2002.
1R1eNe e,pe+r1ur rrr~s
MAYOR
•cnv
ATTEST- •
CIT SECRETAR
C:\WINNT\TEMPORARY INTERNET FILES\OLK2B7\DROUGHTPLAN.WPD (10-23-02)
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
Dec-loel , 2002.
MAYO 5
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ATTEST: : v
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CITY SECRETARY
"ttt.au.e.sAPPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: a - 1 -7 -D
ADOPTED:
EFFECTIVE:
C:AWINNT\TEMPORARY INTERNET FILES\0LK2B7\DR0UGFITPLAN.WPD (10-23-02)
ATTACHMENT "A"
DROUGHT CONTINGENCY PLAN
A. Trigger Conditions
The initiation of drought contingency measures by the City of Southlake must inherently be
determined on a case-by-case basis with consideration given to weather conditions, time of
year, prevailing system capacities, and prevailing contractual arrangements with supplier(s).
The City shall utilize the following trigger conditions in conjunction with other utility
specific, real time factors to initiate drought contingency measures:
1. Mild Conditions - Daily water demand reaches or exceed 70% of the production
capacity of the system for 5 consecutive days. Declaration made by City Manager.
2. Moderate Conditions - Daily water demand reaches or exceeds 80% of the production
capacity of the system for 5 consecutive days. Declaration made by City Manager.
3. Severe Conditions - Dailey water demand reaches or exceeds 90% of the production
capacity of the system for 5 consecutive days; or the imminent or actual failure of a
major component of the system is experienced which can cause an immediate health
or safety hazard Declaration made by the Mayor.
4. Critical Emergency Condition - Due to natural or other disaster, the water supply is
not dependable and may not be suitable for human consumption. Declaration made
by the Mayor.
B. Drought Contingency Measures
Based upon the prevailing conditions, the City shall take some or all of the following actions,
as appropriate, when trigger conditions are reached. The executive director of the Texas
Commission on Environmental Quality ("TCEQ") shall be notified within five (5) business
days upon implementation of any mandatory provisions of this Plan.
1. Mild Conditions:
a. Inform the pubic through the news media that a trigger condition has been
reached, and that the public should look for ways to voluntarily reduce water
use and provide specific steps which can be taken.
b. Notify major commercial water users of the situation and request voluntary
use reductions.
C. Publicize a voluntary lawn watering time schedule.
W:ASOLlthlakeA0rdinances\DrwghtCon tingencyAttachrnentA.wpd Page 1
d. During winter months request water users to insulate pipes rather than
running water to prevent pipes from freezing.
2. Moderate Conditions
a. Continue current actions initiated in the preceding phase.
b. Car washing (except for commercial washes), window washing, and
pavement washing shall be prohibited except when only a bucket is used.
C. The following public water uses, not essential for public health or safety,
shall be prohibited:
1. Street washing.
2. Water hydrant flushing.
3. Complete filling of new or repaired swimming pools.
4. Athletic field watering (golf course).
d. A mandatory lawn watering time schedule shall be imposed. The following
schedule is recommended for implementation, however, an alternate schedule
may be used if it is found to be more effective.
Customers with odd-numbered street addresses may water on odd-numbered
days and customers with even-numbered street addresses may water on even-
numbered days. Watering shall be permitted only between the hours of 4:00
a.m. to 8:00 a.m. and 8:00 p.m. to 10:00 p.m.
3. Severe Conditions
a. Continue all current actions initiated in the preceding phases.
b. All outdoor water use, not essential for public health or safety, shall be
prohibited.
C. Based upon prevailing conditions, establish maximum water use limits for
commercial and residential users, and establish monetary fines or surcharges
to be levied for exceeding water use limits.
4. Critical Conditions
a. All uses of the public water supply will be banned except in cases of
emergency or fire suppression.
b. In this condition water use will be limited, and water should be boiled prior to
WAS outhlakeAOrdinances\DrcughtContingencyAttachmentA.wpd Page 2
use (other than fire suppression) to ensure purity.
5. Alternative Sources
a. At any of the preceding stages of drought conditions, the City may seek
utilization of alternative water sources and/or delivery mechanisms as
appropriate.
b. Any action under this subheading must be with the prior approval of the
executive director of the TCEQ.
C. Information and Education
The purpose of drought contingency measures as a part of this Plan will be conveyed to the
public as part of and in the same manner as the Water Conservation Plan. When trigger
conditions appear to be approaching, the public will be informed through local newspaper
articles and/or radio/television broadcasts. Throughout the period of a trigger condition,
regular articles broadcasts will be used to inform the public of the current condition and
conservation measures for the condition.
D. Termination of TH22er Conditions
As drought or emergency conditions lessen, a determination will be made when a particular
drought condition no longer exists. Upon such determination, the drought measures for and
enforcement of that particular drought condition shall terminate. The public will be notified
of the termination of any or all drought conditions and related drought measures in the same
manner as described in C above.
E. Implementation and Enforcement
The Drought Contingency Plan shall be implemented and enforced by ordinance or
resolution of the City of Southlake.
F. Coordination With Regional Water Planning Groups
The service area of the City of Southlake is located within the Tarrant Regional Water
District and the City of Southlake has provided a copy of this Plan to the Tarrant Regional
Water District.
G. Update of Trigger Conditions
Annually, or upon any significant change in water supply or production capability the City
shall review the water system capabilities in order to determine actual trigger conditions
W:\Southlake\OrdinancesTinightContingencyAttachmentA.wpd Page 3
based upon the guidelines described in Section III. A. of this Plan.
H. Variances
The Director of Public Works may grant any customer an exemption or variance from the
drought contingency plan for good cause upon written request. A customer who is denied
an exemption or variance may appeal that decision to the City Council of the City of
Southlake. The utility will treat all customers equally concerning exemptions and
variances, and shall not unreasonably discriminate in granting exemptions and variances.
No exemption or variance shall be retroactive or otherwise justify any violation of this
Plan occurring prior to the issuance of the variance.
W:ASouddakeAOrdinances\DrcughtContingencyAttachn~entA.wpd Page 4
INVOICE
Star-Telegram Customer ID: CIT57
400 W. 7th Street Invoice Number: 221842221
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 12/6/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 12/31/02
Bill To: PO Number:
CITY OF SOUTH LAKE
1400 MAIN ST Order Number: 22184222
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn FINANCE . DEPT Publication Date: 12/6/02
CITY C Cl LTV OF S 1 - EXAS Ordin 13580 1 53 53 LINE $6.63 $351.39
Ordinance No. 662-A
An ordinance of the
City of Southiake,
Sales D Texas amendsnn�nn�pye�theey ($308.46)
Plan1or CtheNCily of
Southiake, Texas;
establishing criteria
for the initiation and
termination of drought
res once stall es- Net Amount: $42.93
on certain water uses;
eoahbleisona tioe noaed
provisions for en-
forcement of these
restrictions; estab-
lishing procedures for
granting variances;
and providing sever-
ability; and an effec-
tive date.
Section 7
Any person, firm, or
corporation who vio-
lates,disobeys,omits,
negplects,or refuses to
cofhply with or who
resists the enforce-
ment of any of the
provisions of thi4 or-
dinance shall be fined
not more than Two
Thousand Dollars
THE S ($2,000.00) for each
offense.Each day that
Count' a violation is permitted
to exist shall consti-
tute a separate of-
fense.
Before PASSED THIS THE and for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for tht PROVED CEMBER OF 20DEA by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn, did depose and say
that th DURING THE REG-1 advertisement was published in the above named paper on the listed dates: BIDS,y LEGALS DEPT. STAR TELEGRAM
ULARILMEETING.
COUN-
(817) MAYOR Rick Stacy
ATTEST: Lori Farwell, J � 1
City Secretary Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, De m r , 2002.
Notary Public ji7
A c -��iz&v
* CHRISTY L.HOLLAND
Thank You For Your Payment ?r ') MY COMMISSION EXPIRES
"'' .e" JULY 31,2004
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 221842221
Invoice Amount: $42.93
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 221411501
FORT WORTH.TX 76102
(817)390 7761 Invoice Date: 11/22/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22141150
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 11/22/02
Description Location Col Depth Linage MU Rate Amount
NOTICE I NOTIC EOF PUBLIC ING Notic 13580 1 67 67 LINK S6.6 S44-1.21
Notice is heereby given
of
the City of Southlakee.
Sales Disc Texas, that a public ($389.94)
hearing will be held
on December 3,2002,
at 6:00 p.m. or im-
mediately following
the Work Session,
during the Regular
City Council Meeting
to be held in the City Net Amount: $54.27
Council Chambers of
Town Hall, 1400 Main
Street, Southlake,
Texas.
Purpose of the public
hearing is to consider
the second reading of
the following ordi- rr
nance:
Ordinance No. 662-A
An ordinance of the
City of Southlake,
Texas amending the
Drought Contingency
Plan for the City of DEC I 0 2002 ...�
Southlake, Texas;
establishing criteria
for the initiation and
termpination ofseggdrought
restablish ng resTecti ns
on certain water uses; OFFICE OF CITY SECRETARY
establishing penalties
• for the violation of and
THE ST provisions for en-
forcement of these
County restrictions; estab-
lishing procedures for
granting variances;
and providing sever-
Before r ability; and effective id for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
date.
for the Section 7 I by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the Acorpperson,
a on'whoi vio-advertisement was published in the ab ve named paper on the listed dates: BIDS 81:LEGALS DEPT. STAR TELEGRAM
fates,disobeys,omits, 1 \n) /^u/n'1 I '� \J
(817) r neglects or refuses toe- (`��I W ' l V
comply with or who
resists the enforce-
ment of any of the Signed
provisions of this or- g
CtR
dinance shall be fined]
not more than Two
SUBSCI Thousand) for each($2,000 BEFORE ME, THIS Saturday,Novemb r 3 2002.
offense.E each
offense.Each day that •
violation is permitted
to exist shall consti-
tute a separate of- Notary Public
Tense.
City of Southlake
Lori Farwell
City Secretary
Thank You For Your Payment � y CH ISTY L.HOLLAND
MY COMMISSION EXPIRES
JULY 31,2004
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 221411501
Invoice Amount: $54.27
PO Number:
Amount Enclosed: