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0662-E ORDINANCE NO. 662 -E AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE DROUGHT CONTINGENCY / EMERGENCY WATER MANAGEMENT PLAN FOR THE CITY OF SOUTHLAKE, TEXAS; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES FOR LOCAL WATER DELIVERY LIMITATIONS AND COMPLIANCE WITH THE CITY OF FORT WORTH'S DROUGHT CONTINGENCY /EMERGENCY WATER MANAGEMENT PLAN; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to Title 30, Texas Administrative Code (TAC), Chapter 288 — Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements effective on January 10, 2008; and WHEREAS, the City entered into a Contract for Water Service with the City of Fort Worth on November 16, 2010 to purchase treated water of potable quality and Section 2.5 of this Contract requires the City of Southlake, to institute and apply the same rationing, conservation measures, or restrictions to the use of water as Fort Worth in the event the City of Fort Worth implements such water conservation measures; and WHEREAS, the City of Southlake recognizes that there are local water system limitations which may require the City of Southlake to implement conservation or restriction measures based on these local limitations, and WHEREAS, as authorized under law, and in the best interests of the citizens of Southlake, the City Council deems it expedient and necessary to amend the existing regulations and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1 Emergency Authority (a) Purpose and scope. The purpose of this ordinance is to establish the city's policy in the event of shortages or delivery limitations in the City's water supply and to establish water restrictions to be enforced in case of drought or emergency conditions. This Ordinance applies to all persons and premises within the City using water from the City's water system. (b) Drought Contingency / Emergency Water Management Plan. The City of Southlake, Texas, hereby adopts amendments to the Drought Contingency / Emergency Water Management Plan, (the "Plan "), to which this ordinance is attached as Appendix "A ". SECTION 2 Violations and Penalties (a) A person commits an offense if the person knowingly makes, causes or permits a use of water contrary to the measures implemented by the City Manager as prescribed in the Plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of Section 1 and: (1) the manner of use has been prohibited by the Plan; or (2) the amount of water used exceeds that allowed by the Plan; or (3) the manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the City of Fort Worth pursuant to Section 3 hereof. (b) Any person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this ordinance and the Plan shall be fined not more than two thousand dollars ($2,000.00) for each offense. In addition, the following penalties shall apply: (1) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency /emergency water management plan two times, the City may issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty- four -hour period; and (2) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency /emergency water management plan three times, the City may discontinue water service to the premises where the violation occurred. SECTION 3 Authority Under Other Laws Nothing in this Ordinance shall be construed to limit the authority of the Mayor, the City Council or the City Manager to seek emergency relief under the provisions of any state or federal disaster relief act. SECTION 4 Cumulative Clause This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event, the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 662 -D is hereby repealed. SECTION 5 Savings Clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 Publication Clause The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake, Texas. SECTION 7 Severability Clause All rights and remedies of the City of Southlake, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 662 -D 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 1st DAY OF April, 2014. Mayor /John Terrell ATTEST: `,. 500TH L City Secretary/Alici&Ri ardson •• ",c i,�� oe ,,,* *1 * ,e,, ,`,,,' PASSED AND APPROVED ON SECOND READING ON THIS 15th DAY OF April, 2014. Mayor /John Terrell ATTEST: "' ,,,, " "' SOUTH�,''•, ii City Secretary /Aliia I ichar ona o - • •eoe•o••e ,�� - " 4',4* * *u ",0, s APPROV D AS TO FORM AND LEGALITY: ( j '/ 2 City Attorney Date: "T' /s ,2n / Li Adopted: `t /S'D /Li Effective: kIi Y t )t SOUTHLAKE 1400 Main St. Southlake, Texas 76092 PWS #2200074 Drought Contingency & Emergency Water Management Plan for Retail Water Customers May 2014 Adopted: April 2014 This page is intentionally left blank. TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES 1 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 1 3. WATER SYSTEM PROFILE 1 4. DROUGHT CONTINGENCY /EMERGENCY WATER MANAGEMENT PLAN 3 4.1 Public Involvement 3 4.2 Public Education 3 4.3 Initiation & Termination of Drought & Emergency Response Stages 3 4.4 Drought and Emergency Response Stages 5 Stage 1 — Water Watch 5 Stage 2 — Water Warning 9 Stage 3 — Emergency Water Use 13 4.5 Procedures for Granting Variances to the Plan 16 4.6 Procedures for Enforcing Mandatory Water Use Measures 17 4.7 Coordination with the Other Entities 17 4.8 Review and Update of Drought Contingency Plan 17 5. DROUGHT CONTINGENCY PLAN DEFINITIONS 18 APPENDICES APPENDIX A Ordinance Adopting the Plan APPENDIX B Matrix of Critical Actions by Stage APPENDIX C Letters to Region C Water Planning Group 1. INTRODUCTION AND OBJECTIVES The purpose of this Drought Contingency and Emergency Water Management Plan (subsequently referred to as the Plan) is as follows: • To conserve the available water supply in times of drought and emergency • To maintain supplies for domestic water use, sanitation, and fire protection • To protect and preserve public health, welfare, and safety • To minimize the adverse impacts of water supply shortages • To minimize the adverse impacts of emergency water supply conditions. 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1 (4) defines a drought contingency plan as "a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies." TCEQ rules governing development of and minimum requirements for drought contingency plans for municipal water suppliers and wholesale water suppliers are contained in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively. 3. WATER SYSTEM PROFILE The City purchases water from the Tarrant Regional Water District (TRWD) via the City of Fort Worth. The supply sources are: • West Fork of Trinity River: Lake Worth, Eagle Mountain Lake, and Lake Bridgeport; (A pipeline connecting Eagle Mountain Lake to the East Texas supply is under construction.) • East Texas: Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth; and Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth; and • Clear Fork of the Trinity River via Lake Benbrook. (A pipeline connects Lake Benbrook to the East Texas Supply.) System capacity with regards to the defined triggers in Section 4.4 is the total reliable pumping capacity is found in the following tables: 1 Storage Capacity WAi ST! RAGE •GROUND ELEVATED HIGH PRESSURE PLANE 15 MG 4.5 MG LOW PRESSURE PLANE 1.5 MG Pump Capacity • *P STATION RATED '*`OPERA t ERATTNG CAPACI E ACITlf GPM Pearson Pump Staitorr = i=*5'Sitii Pump 1 2250 2360 Pump 2 2250 2360 6.8 Pump 3 2250 2360 Pearson Pump Station - Low Pressure Plane Pump 1 3474 4600 Pump 2 3474 4600 19.9 Pump 3 3474 4600 Pump 4 3474 4600 T.W. King Pump Station - Low Pressure Plane Pump 1 3474 2360 Pump 2 3474 2360 12.5 Pump 3 3474 2360 TOTAL PUMPING CAPACITY 39.2 `Operating Capacity' Pumping capacitywhile operating against system pressure '"Total Operating Firm Capacity: Pumping capacity■ith largest pump out of service while operating against system pressure In accordance with Section 2.5 of the wholesale water contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by Fort Worth. As a wholesale customer, per contract sign November, 2010, Southlake will comply with any obligations imposed by Fort Worth. The water supply triggers defined in Section 4.4 were provided to Southlake via Fort Worth by its water supplier, Tarrant Regional Water District. TRWD selected its triggers after hiring an outside consultant to evaluate where the triggers levels should be for the drought plan to achieve meaningful water savings. 2 4. DROUGHT CONTINGENCY /EMERGENCY WATER MANAGEMENT PLAN 4.1 Public Involvement Southlake staff provided direct input to Fort Worth in development of this Plan through the Water Advisory Committee. Fort Worth provided the following opportunities for public involvement. The public had several opportunities to provide input into the plan. • Public meetings soliciting comments were held on June 25, 2013 and June 27, 2013. An additional digital meeting was held on July 8, 2013. The meetings were advertised on the city Web site, on City Page in the Fort Worth Star - Telegram, through news releases to the news media and neighborhood associations, and in handouts at public events as well as social media outlets. • The Fort Worth Water Department's Water Conservation Advisory Committee discussed the draft plan's provisions and provided feedback during its August 22, 2013 meeting. • The draft plan was posted on the City of Fort Worth Web site (www.fortworthgov.org /water) for one month prior to City Council adoption. • The City of Southlake's Drought Contingency plan will be presented on April 1, 2014 for the first reading of the ordinance and for the second reading and public hearing on April 15, 2014. 4.2 Public Education Southlake will inform and educate the public about the Drought Contingency /Emergency Water Management Plan by the following means: • Preparing fact sheets describing the plan and making these available online and at various city sites, and at events where the water department may have a booth. • Posting a copy of the Plan on the city's Web site. • Notifying local organizations, schools, and civic groups that staff are available to make presentations on the plan. At any time that the Drought Contingency /Emergency Water Management Plan is activated or the stage changes, Southlake will notify local media of the issues, the current response stage, and the specific actions required of the public. The information will also be publicized on the city's Web site, reverse 911, Twitter, Facebook, and Chamber of Commerce. Bill inserts will also be used as appropriate. 4.3 Initiation & Termination of Drought & Emergency Response Stages The provisions of this Plan shall apply to all persons, customers, and property utilizing potable water provided by the City of Southlake. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other 3 legal entities. The Plan does not apply to locations using treated wastewater effluent, private wells or possessing their own water rights in the Trinity River watershed; however, any pond, impoundment, body of water, or other water source that is supplemented, or has the ability to supplement supply, with potable water shall adhere to the provisions of this plan. The Plan may be applied to the entire city or geographic portions of the city as necessary. If the Plan is applied only to a limited sector, the boundaries will be defined in terms of roadways, creeks and other easily distinguishable features, such as city limits. Initiation of a Drought/ Emergency Water Management Stage The City Manager or his/her official designee may order the implementation of a drought response or water emergency stage when one or more of the trigger conditions for that stage is met. The following actions will occur when a stage is initiated. • The public will be notified through local media and the City of Southlake Web site, as described in Section 4.2. • Fort Worth will be notified by telephone and with a follow -up letter, e -mail, or fax that provides details of the reasons for initiation of the drought or water emergency stage. • The Southlake Water Department will notify the Executive Director of the TCEQ within 5 business days when mandatory provisions of the Plan are activated. Stages imposed by TRWD action must be initiated by the City of Fort Worth and subsequently by the City of Southlake in accordance with 2.5 of the wholesale customer contract. For other trigger conditions, the City Manager or his/her official designee may decide not to order the implementation of a drought response or water emergency stage even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision shall be documented. Termination of a Drought Stage The City Manager or his/her official designee may order the termination of a drought response or water emergency stage when the conditions for termination are met or at their discretion. The following actions will be taken when a drought stage is terminated: • The public will be notified through local media and the City of Southlake Web site as described in Section 4.2. • Fort Worth will be notified by telephone with a follow -up letter, e -mail, or fax. • If any mandatory provisions of the drought contingency /emergency water management plan that have been activated are terminated, customers will notify the Executive Director of the TCEQ within 5 business days. 4 Stages imposed by TRWD or by the City of Fort Worth may only be terminated by the imposing authority. The City Manager or his /her official designee will then make a a decision based on the existing conditions in Southlake. The City Manager or his/her official designee may decide not to order the termination of a drought response stage or water emergency even though the conditions for termination of the stage are met. The City Manager or his designee may choose to implement a phased out approach when exiting various stages to protect the integrity of the system. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage. The reason for this decision should be documented. 4.4 Drought and Emergency Response Stages Stage 1 — Water Watch Triggering Conditions This stage is activated by the Director of Public Works if there is a water system failure, including pumping equipment, supply lines, distribution lines, power failure, or storage facilities, or: • The tank level in the 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 consecutive days. • The tank level in the single elevated tank in the high pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three consecutive days. • Fort Worth initiated Stage 1 — Water Watch for one or more of the following reasons: o Water demand reaches or exceeds 90% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. o Fort Worth's water treatment or distribution system becomes contaminated. o Fort Worth's water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. o Fort Worth's water supply system is unable to deliver water due to the failure or damage of major water system components. • TRWD initiated Stage 1 — Water Watch for one or more of the following reasons: 5 o Total raw water supply in TRWD western and eastern division reservoirs drops below 75% (25% depleted) of conservation storage. o Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water demand is projected to approach the limit of TRWD's permitted supply. o TRWD's supply source becomes contaminated. o TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. o The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 1 drought. Terminating Conditions for Stage 1 When initiated by the City of Southlake, all initiated actions will remain in effect until the conditions that triggered the stage and have been eliminated and the Director of Public Works or his /her designee has reviewed the conditions in Section 4.3. Stage 1 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or above 85% for 90 consecutive days, whichever occurs first. Goal for Use Reduction for Stage 1 The goal for water use reduction under Stage 1, Water Watch, is five percent. If circumstances warrant or if required by TRWD, Fort Worth, the City Manager or his /her official designee can set a goal for greater water use reduction. Actions Available for Stage 1 The City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his /her official designee must implement any action(s) required by the Tarrant Regional Water District or Fort Worth. All Water Users Initiate mandatory restrictions to prohibit non - essential water use as follows: • Discourage hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, patios, or other impervious surfaces, except to alleviate an immediate health or safety hazard. This may include premises with raw or processed food, pharmaceutical or vaccine processing, storage or vending establishments including restaurants and grocery stores may be washed to the extent necessary for sanitary purposes. These areas may also include: • Trash and dumpster areas 6 • Areas around fuel pumps • Store front cleaning of areas with accumulated bird droppings, feathers and debris • Localized spot cleaning of parking areas to remove oil, grease buildup that may pose a health and safety issue. • Discourage hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting. • Prohibit using water in such a manner as to allow runoff or other waste, including: • failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet; • operating a permanently installed irrigation system with: (a) a broken head; (b) a head that is out of adjustment and the arc of the spray head is over a street or parking lot; or (c) a head that is misting because of high water pressure; or • during irrigation, allowing water to (a) to run off a property and form a stream of water in a street for a distance of 50 feet or greater; or (b) to pond in a street or parking lot to a depth greater than one - quarter of an inch. • Allowing or causing an irrigation system or other lawn watering device to operate during any form of precipitation or when temperatures are at or below 32 degrees Fahrenheit. • Prohibit outdoor watering with sprinklers or irrigation systems between 10 a.m. and 6 p.m. • Limit landscape watering with sprinklers or irrigation systems at each service address to a twice per week schedule as outlined below. This includes landscape watering of parks, golf courses, and sports fields. o Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays and Saturdays. o Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays. o All non - residential locations (apartment complexes, businesses. industries, parks, medians, etc.) may water on Tuesdays and Fridays. Exceptions: • Lawns and landscaping may be watered on any day by handheld hose, drip irrigation, a soaker hose or tree bubbler. • Water use necessary for the repair of an irrigation system, plumbing line, fountain, etc. in the presence of the person making the repair. 7 • Outdoor watering at service addresses with large multi- station irrigation systems may take place in accordance with a variance granted by the Water Director, if the Water Director determines that a property can not be completely irrigated with an average of three - quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days._If approved, no station will be watered more than twice per week. • Establishing new turf is discouraged. If hydromulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering restrictions set forth in this stage apply. (This does not include over seeding with rye, or seasonal grasses, since turf already exists.) • Golf courses may water greens and tee boxes as necessary, however watering must be done before 10 a.m. and after 6 p.m. Encouraged to reduce water use by five percent. • Skinned areas of sports fields may be watered as needed for dust control. • Watering of athletic fields (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events. Encouraged to reduce water use by five percent. • Public areas that are open to the public at -large and have a high — impact from frequent use may be allowed additional watering, with a variance granted by the Water Director, if it is deemed to be beneficial to serve and protect the community amenity. Examples may include but are not limited to: outdoor amphitheaters, demonstration gardens, public art exhibitions, outdoor learning areas, arboretums, etc. • All users are encouraged to reduce the frequency of draining and refilling swimming pools. • All users are encouraged to use native and adapted drought tolerant plants in landscaping. • Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of a hand -held bucket or a hand -held hose equipped with a positive - pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial car wash or commercial service station. Companies with an automated on -site vehicle washing facility may wash its vehicles at anytime. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. 8 • Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and/or to alleviate an issue that poses a public safety risk. City and Local Governments In addition to the actions listed above: • Review conditions and problems that caused Stage L Take corrective action. • Increase public education efforts on ways to reduce water use. • Increase enforcement efforts. • Intensify leak detection and repair efforts. • Audit all city and local government irrigation systems to ensure proper condition, settings, and operation. • Identify and encourage voluntary reduction measures by high - volume water users through water use audits. • Reduce non - essential water use. As used herein, non - essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency. Commercial or Industrial • All actions listed above for all water users apply to commercial and industrial users. • Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions. • Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "on demand" basis. • Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels. • Car wash facilities must keep equipment in good working order, which should include regular inspections to be sure there are no leaks, broken or misdirected nozzles, and that all equipment is operating efficiently. • All commercial and industrial customers are encouraged to audit irrigation systems Stage 2 — Water Warning Triggering Conditions for Stage 2 This stage is activated by the Director of Public Works if there is a water system failure, including pumping equipment, supply lines, distribution lines, power failure, or storage 9 facilities, or if Stage 1 — Water Watch has been initiated and in effect for two (2) weeks, and: • The tank level 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 consecutive days. • The tank level in the single elevated tank in the high pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three consecutive days. Or, this stage is activated if: • Fort Worth initiated Stage 2 — Water Warning for one or more of the following reasons: o Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. o Contamination of the water supply source(s) or water supply system. o Demand for all or part of the delivery system equals or exceeds delivery capacity because delivery capacity is inadequate. o Water supply system is unable to deliver water due to the failure or damage of major water system components. • TRWD initiated Stage 2 — Water Warning for one or more of the following reasons: o Total raw water supply in TRWD western and eastern division reservoirs drops below 60% (40% depleted) of conservation storage. o Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water demand is projected to approach the limit of TRWD's permitted supply. o TRWD's supply source becomes contaminated. o TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. o The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 2 drought. • Terminating Conditions for Stage 1 • When initiated by the City of Southlake, all initiated actions will remain in effect until the conditions that triggered the stage and have been eliminated and the Director of Public Works or his /her designee has reviewed the conditions in Section 4.3. 10 Stage 2 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 75% of conservation storage capacity or remains at or above 70% for 30 consecutive days. Goal for Use Reduction for Stage 2 The goal for water use reduction under Stage 2 — Water Warning is to decrease use by 10 percent. If circumstances warrant or if required by TRWD, Fort Worth, the City Manager or his /her official designee can set a goal for greater water use reduction. Actions Available for Stage 2 The City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee must implement any action(s) required by the Tarrant Regional Water District or Fort Worth. • Continue actions under Stage 1. • Initiate engineering studies to evaluate water supply alternatives should conditions worsen. All Water Users • Limit landscape watering with sprinklers or irrigation systems to a once per week schedule at each service address as determined by the Water Director. This includes landscape watering at parks, golf courses, and sports fields. As a wholesale customer, Southlake may use a different watering schedule than the one used for Fort Worth retail customers as long as it limits each service address to once per week schedule; however, use of the same schedule would simplify the messages passed to customers through the news media. Exceptions: o Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. o Outdoor watering at service addresses with large multi - station irrigation systems may take place in accordance with a variance granted by the director of utilities, if the director determines that a property can not be completely irrigated with an average of three - quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days. If approved, no station will be watered more than once per week. o Golf courses may water greens and tee boxes as needed to keep them alive, however watering must be done before 10 a.m. and after 6 p.m. Fairways are restricted to once per week watering as outlined above. Golf course rough cannot be watered. 11 o Watering of athletic fields (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events. Encouraged to reduce water use by 10 %. • All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. Variances granted for establishing new turfgrass or landscaping will be for a maximum of 30 days from the date of approval. After that, the watering restrictions set forth in this stage apply. (This does not include over seeding with rye since turf already exists.) • Discourage the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. • Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and/or to alleviate an issue that poses a public safety risk. • Encourage the use of covers for all types of pools, hot tubs, and Jacuzzi type pools when not in use. City and Local Governments • Review conditions or problems that caused Stage 2. Take corrective action. • Increase frequency of media releases on water supply conditions. • Further accelerate public education efforts on ways to reduce water use. • Eliminate non - essential water use. As used herein, non - essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency. • Prohibit wet street sweeping. Commercial or Industrial • All actions listed above for all water users apply to commercial and industrial users. • Use of water from fire hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires a variance issued by the Water Director. Fire hydrant use may be limited to only designated hydrants. Upon declaration of this drought stage, all holders or applicants of a Water Fire Hydrant Meter Agreement are required to apply for a variance as set forth in this plan. If conditions allow, as determined by the Water Director, the use of water from hydrants may continue until the Water Director or his /her designee issues a determination on the petition for variance. If conditions do 12 not allow, the Water Director may require all fire hydrant meters be immediately returned from the field, pending determination of each petition for variance. Stage 3 — Emergency Water Use Triggering Conditions for Stage 3 This stage is activated by the Director of Public Works if there is a water system failure, including pumping equipment, supply lines, distribution lines, power failure, or storage facilities, or if Stage 2 — Water Warning has been initiated and in effect for two (2) weeks, and: • The tank level 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 consecutive days. • The tank level in the single elevated tank in the high pressure plane falls below eighteen (18) feet, measured from the bottom of the tank bowl to the water level in the tank, and continue to fall below this level, with the Pearson Road Pump Station at 100% capacity, for three consecutive days. Or, this stage is activated if: • Fort Worth initiated Stage 2 — Water Warning for one or more of the following reasons: o Water demand has reaches or exceeds 98% of reliable delivery capacity for one day. The delivery capacity could be citywide or in a specified portion of the system. o Contamination of the water supply source(s) or water supply system. o Demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water supply system is unable to deliver water due to the failure or damage of major water system components. • TRWD has initiated Stage 3 — Emergency Water Use, which may also be initiated by one or more of the following: o Total raw water supply in TRWD western and eastern division reservoirs drops below 45% (55% depleted) of conservation storage. o Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water demand is projected to approach or exceed the limit of TRWD's permitted supply. o TRWD's supply source becomes contaminated. 13 o TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. o The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 3 drought. Terminating Conditions for Stage 3 When initiated by the City of Southlake, all initiated actions will remain in effect until the conditions that triggered the stage and have been eliminated and the Director of Public Works or his /her designee has reviewed the conditions in Section 4.3. Stage 3 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 60% of conservation storage capacity or remains at or above 55% for 30 consecutive days, whichever occurs first. Goals for Use Reduction for Stage 3 The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by 20 percent. If circumstances warrant or if required by TRWD, Fort Worth, the City Manager or his /her official designee can set a goal for greater water use reduction. Actions Available for Stage 3 The City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his /her official designee must implement any action(s) required by the Tarrant Regional Water District or Fort Worth. • Continue or initiate any actions available under Stages 1 and 2. All Water Users • Prohibit landscape watering, including at parks, golf courses, and sports fields. Exceptions: o Watering with hand -held hose, soaker hose or drip irrigation system may occur any day and any time. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials). o Golf course greens only may be watered by hand -held hose as needed to keep them alive. Watering of athletic fields (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events may be allowed to water by variance. A water management plan must be submitted to the Water Director detailing how each area will comply with stage 3 drought measures. 14 • Prohibit establishment of new landscaping. Variances may be granted for those landscape projects started prior to the initiation of Stage 3 drought restrictions. • Vehicle washing restricted to commercial car wash, commercial service station or a private on -site vehicle washing facility and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing is prohibited. • Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life. • Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi type pools. Existing private and public pools may add water to maintain pool levels; however they may not be refilled using automatic fill valves. • Prohibit hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting with high - pressure equipment. Must be performed by a professional power washing service utilizing high efficiency equipment and a vacuum recovery system where possible. City and Local Governments In addition to actions listed above: • Continue or initiate any actions available under Stages 1 and 2. • Review conditions or problems that caused Stage 3. Take corrective action. • Implement viable alternative water supply strategies. • Increase frequency of media releases explaining emergency situation. • Reduce city and local government water use to maximum extent possible. • Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction may be completely filled with water. • If TRWD has imposed a reduction in water available to customers, Fort Worth will impose the same percent reduction on wholesale customers, and thus, Southlake will impose on water customers. Commercial or Industrial • All actions listed above for all water users apply to commercial and industrial users. • Hotels, restaurants, and bars required to serve drinking water to patrons on an "on demand" basis. • Hotels are required to implement laundry conservation measures by encouraging patrons to reuse linens and towels. 15 • Stock at commercial plant nursery may be watered only with a hand -held hose, hand -held watering can, or drip irrigation system. • Commercial and industrial water users required to reduce water use by a set percentage determined by the Water Director. • Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires a special permit issued by the Water Director. Fire hydrant use may be limited to only designated hydrants. 4.5 Procedures for Granting Variances to the Plan The Water Director or his /her official designee may grant temporary variances for existing water uses otherwise prohibited under this drought contingency plan if one or more of the following conditions are met: • Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person requesting the variance. • Compliance with this plan cannot be accomplished due to technical or other limitations. • Alternative methods that achieve the same level of reduction in water use can be implemented. Variances shall be granted or denied at the discretion of the Water Director or his /her official designee. All petitions for variances should be in writing, using the forms provided, and must include the following information: • Name and address of the petitioner(s) • Purpose of water use • Specific provisions from which relief is requested • Detailed statement of the adverse effect of the provision from which relief is requested • Description of the relief requested • Period of time for which the variance is sought • Detailed schedule of irrigation that shows a reduction in use over the 30 day period for new lawns and landscapes. Schedule should be designed so that at the end of the 30 day period, lawn and landscaped areas can adhere to the twice per week schedule defined in Stage L • Alternative measures that will be taken to reduce water use • Other pertinent information. 16 4.6 Procedures for Enforcing Mandatory Water Use Measures Mandatory water use restrictions may be imposed in Stages 1, 2, and 3. These mandatory water use restrictions will be enforced by warnings and penalties as follows: • On the first violation, a customer will be given a written warning that he /she has violated the mandatory water use restriction. • On the second violation, a customer will be given a written warning that he /she has violated the mandatory water use restriction. • On the third and subsequent violations, citations may be issued to the customer, with maximum fines established by ordinance. • After three violations have occurred, the utility may cut off water service to the customer. Appendix A contains a copy of the City of Southlake ordinance adopting this Plan and the enforcement actions and penalties. 4.7 Coordination with the Other Entities Appendix C includes a copy of a letters sent to the City of Fort Worth and the Executive Director or TCEQ upon adoption of this Plan. 4.8 Review and Update of Drought Contingency Plan As required by TCEQ rules, Fort Worth will review this drought contingency plan at least every five years. The plan will be updated as appropriate based on new or updated information. 17 5. Drought Contingency Plan Definitions Aesthetic water use: water use for ornamental or decorative features such as fountains, reflecting pools and water gardens. Alternative Water Source: water produced by a source other than a water treatment plan and in not considered potable. These sources can include, but are not limited to: reclaimed /recycled water, collected rain water, collected grey water, private well water. Athletic field: water produced by a source other than a water treatment plan and in not considered potable. These sources can include, but are not limited to: reclaimed /recycled water, collected rain water, collected grey water, private well water. Automatic Irrigation System: a site specific system of delivering water generally for landscaping via a system of pipes or other conduits installed below ground that automatically cycles water use through water emitters to a preset program, whether on a designated timer or through manual operation. Aquatic Life: a vertebrate organism dependent upon an aquatic environment to sustain its life. Conservation: Those practices, techniques, and technologies that reduce water consumption; reduce the loss or waste of water; improve the efficiency in water use; and increase the recycling and reuse of water so that supply is conserved and made available for other or future uses. Customer: any person, company, or organization using water supplied by TRWD or through an entity supplied by TRWD. Drip irrigation: an irrigation system (drip, porous pipe, etc.) that applies water at a predetermined controlled low -flow levels directly to the roots of the plant. Drought Contingency Plan: a strategy or combination of strategies for temporary supply management and demand management responses to temporary or potentially recurring water supply shortages and other water supply emergencies. Fountain: an artificially created jet, stream or flow of water, a structure, often decorative, from which a jet, stream or flow of water issues. Golf Course: an irrigated and landscaped playing area made up of greens, tees, fairways, roughs and related areas used for the playing of golf. Hand - held hose: a hose physically held by one person, fitted with a manual or automatic shutoff nozzle. Hand Watering: the application of water for irrigation purposes through a hand -held watering hose, watering can, or bucket. Hose - end Sprinkler: a device through which water flows from a hose to a sprinkler to water any lawn or landscape. Hosing: to spray, water, or wash with a water hose. 18 Industrial water use: the use of water for or in connection with commercial or industrial activities, including but not limited to, manufacturing, bottling, brewing, food processing, scientific research and technology, recycling, production of concrete, asphalt, and cement, commercial uses of water for tourism, entertainment, and hotel or motel lodging, generation of power other than hydroelectric and other business activities. Irrigation system: a system of fixed pipes and water emitters that apply water to landscape plants or turfgrass, including, but not limited to, in- ground and permanent irrigation systems. Lake, lagoon or pond: an artificially created body of fresh or salt water. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, right -of -ways, medians and entry ways. New Landscape: a. Installed during construction of a new house, multi - family dwelling, or commercial building; b. Installed as part of a governmental entity's capital improvement project; orAlters more than one -half the area of an existing landscape. Non - essential water use: Water uses that are not required for the protection of public health, safety and welfare, such as: a. Irrigating landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this plan; b. Washing any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced areas; except to alleviate a public health and safety issue; c. Washing any automobile, motorbike, boat (and /or trailer), airplane, or other vehicle except where required by law for safety and sanitary purposes. d. Washing buildings or structures for purposes other than immediate fire protection, or other uses provided under this plan; e. Filling, refilling, or adding to any swimming pools or Jacuzzi -type pools, except to maintain safe operating levels; f. Filling or operation of a fountain or pond for aesthetic or scenic purposes except when necessary to support aquatic life; g. Failure to repair a controllable leak within a reasonable time period after being directed to do so by formal notice; and h. Drawing from hydrants for construction purposes or any other purpose other than firefighting or protection of public drinking water supplies. Park: a non - residential or multifamily tract of land, other than a golf course, maintained by a city, private organization, or individual, as a place of beauty or public recreation and available for use to the general public. Power/Pressure washer: a machine that uses water or a water -based product applied at high pressure to clean impervious surfaces. Pressure washer (High - Efficiency): a machine that uses water or a water -based product applied at 1500 pounds per square inch (PSI) or greater. 19 Reclaimed Water: municipal wastewater effluent that is given additional treatment and distributed for reuse in certain applications. Also referred to as recycled water. Soaker hose: a flexible hose that is designed to slowly emit water across the entire length and connect directly to a flexible hose or spigot. Does not include hose that by design or use sends a fine spray in the air. It is not considered drip irrigation. Splash Pad /Spray Park: an area for water play that has no standing water. Typically, they utilize various spray nozzles which spray water in multiple directions. Swimming pool: any structure, basin, chamber, or tank including hot tubs, containing an artificial body of water for swimming, diving, or recreational bathing, and having a depth of two (2) feet or more at any point. Vegetable garden: any noncommercial vegetable garden planted primarily for household use; "noncommercial" includes incidental direct selling of produce from such a vegetable garden to the public. Well Water: water that has been, or is, obtained from the ground by digging, boring, or drilling to access an underground aquifer. 20 Appendix A: Ordinance 662 -E Adopting Drought Contingency /Emergency Water Plan Appendix B: Matrix of Critical Actions by Stage A Summary of Drought Contingency /Emergency Water Plan Trigger Actions Stage 1 SOUTHLAKE Step up enforcement of twice per week Water level in the 3 low plane elevated tanks landscape irrigation schedule. falls below 18 ft. for 3 consecutive days, OR Discourage washing of impervious FT. WORTH surfaces except to alleviate health Water demand reaches 90% of system concerns. capacity for 3 consecutive days, OR Discourage hosing of buildings. TRWD Prohibit water use that allows runoff or Total reservoir capacity falls below 75% water waste. Stage 2 SOUTHLAKE (with Stage 1 in effect for Continue stage 1 actions. two weeks) Landscape irrigation reduced to once per Water level in the 3 low plane elevated tanks week. Schedule to be determined by falls below 18 ft. for 3 consecutive days, OR the Director of Public Works or designee. Water level in the single high plane elevated Discourage operation of ornamental tanks falls below 18 ft. for 3 consecutive fountains. days, OR Discourage draining and refilling pools. FT. WORTH Encourage use of pool covers. Water demand reaches 95% of system Restrict use of water from fire hydrants capacity for 3 consecutive days, OR to fire protection except as allowed by TRWD variance issued by director of Public Total reservoir capacity falls below 60% Works or designee. Stage 3 SOUTHLAKE (with Stage 2 in effect for Continue stage 1 & 2 actions. two weeks) Prohibit operation of sprinklers and Water level in the 3 low plane elevated tanks landscape irrigations systems. falls below 18 ft. for 3 consecutive days, OR Prohibit establishment of new Water level in the single high plane elevated landscaping. tanks falls below 18 ft. for 3 consecutive Vehicle washing restricted to commercial days, OR facilities. FT. WORTH Prohibit operation of ornamental Water demand reaches 98% of system fountains. capacity for 3 consecutive days, OR Prohibit draining and refilling of pools. TRWD Prohibit washing of impervious surfaces Total reservoir capacity falls below 45% and buildings except for paint preparation with high pressure equipment. See the Drought Contingency Plan for a complete list of the plan elements including restrictions, exceptions and variances. Appendix C: Letter to State Agencies CITY OF SOUTHLAKE Public Works Department April 15, 2014 Texas Water Development Board 1700 North Congress Avenue P.O. Box 13231 Austin, Texas 78711 -3231 Enclosed please find a copy of the recently updated Drought Contingency Plan for the City of Southlake. I am submitting a copy of this plan to the Water Development Board in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The City of Fort Southlake adopted the plan on April 15, 2014. Sincerely, Chuck Kendrick Deputy Director of Public Works — Operations City of Southlake 817- 748 -8080 ckendrick@ci.southlake.tx.us CC: Frank Crumb, P.E., Director, Ft. Worth Water Dept. Jim Oliver, General Manager, Tarrant Regional Water District 1950 E. Continental Blvd., Southlake, TX 76092, (817) 748 -8082 Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork INVOICE Star - Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 329676661 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 4/18/2014 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 4/30/2014 Bill To: PO Number: 21400046 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 32967666 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 • "; Description: CITY OF SOUTHLA : ®� Publication Date: 4/18/2014 Attn: Attn: ACCOUNTS PAYABLE e 'Linage:, . MU : °' : `Rate Amount CITY OF SOUTHLAKE, TEXAS ORDIN I3580 1 v - 91 91 LINE $1.20 $109.20 Net Amount: $109.20 MAY - 2 011 S � ` 'av p4 e� NotoryPubllc State of HOLLAND Texas ,• h My Comm scion Expires , July 3 1 , 2 0 16 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the -.. - named paper on the listed dates: BIDS & LEGAL D PT. STAR TELEGRAM (817) 215 -2323 C� ' Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Ap — 014. "Th A isuP A Notary L WM_ � Nota Public _ � / , _ � � � �: � _ � Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 329676661 Invoice Amount: $109.20 PO Number: 21400046 Amount Enclosed: CITY OF 5OU1 HLAKE, TEXAS ORDINANCE NO. 662E • AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE DROUGHT CONTINGENCY / I EMERGENCY WATER MANAGE- MENT PLAN .FOR THE CITY OF SOUTHLAKE, TEXAS; ESTAB- LISHING CRITERIA FOR THE INI- TIATION AND TERMINATION OF DROUGHT RESPONSE STAGES FOR LOCAL WATER DELIVERY LIMITATIONS AND COMPLIANCE WITH THE CITY OF FORT WORTHS DROUGHT CONTINGENCY /EMER- GENCY WATER MANAGEMENT PLAN; ESTABLISHING RESTRIC- TIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVI- SIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTAB- LISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING CUMULATIVE AND SEVERABILITY AND SAVINGS CLAUSES; AND AN EFFECTIVE DATE. A person commits an offense if the person knowingly makes, causes or permits a use of water contrary to — the measures implemented by the Legal Notices City Manager as prescribed in the Plan. For purposes of this sub- day of April, 2014 during the regular section, it is presumed that a person City Council meeting . has knowingly made, caused or Mayor: John C. Terrell permitted a use of water contrary Attest: Alicia Richardson, City Sec - to the measures implemented if retary 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, dis- obeys, 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 ($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 /emergen cy water management plan two times, the City may issue a citation or install a flow restrictor in the water line to the premises where the violations occurred to limit the amount of water that may pass through the meter in a twenty -four- hour period; and (2) If a person is convicted of violating, disobeying, omitting, neglecting or refusing to comply with a measure implemented in accordance with this section and the drought contingency /emergen- cy water management plan three times, the City may discontinue water service to the premises where the violation occurred. Passed and approved this the 15th