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HomeMy WebLinkAboutOrdinance 16379-04-2005ORDINANCE N0.16379-04-2005 AN ORDINANCE AMENDING SECTION 35-23, "EMERGENCY AUTHORITY" BY ADOPTING AN AMENDED DROUGHT CONTTNGENCY/EMERGENCY WATER MANAGEMENT PLAN; REVISING LANGUAGE IN THE ORDINANCE TO BE CONSISTENT WITH STATE LAW; AMENDING PROVISIONS RELATING TO IMPLEMENTATION, PENALTIES AND VARIANCES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas (the "City") recognizes that due to natural limitations caused by system failures, drought conditions and other acts of God that may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; WHEREAS, the City currently has in effect an emergency water management plan that was approved by the City Council on April 24, 1999; WHEREAS, applicable Iaw and regulations of the Texas Commission on Environmental Quality require that the City adapt an amended drought contingency/emergency water management plan (the "Plan") including specific, quantified targets for water reductions to be achieved during each stage of the Plan; WHEREAS, it is advisable to amend Section 35-23 of the City Code to make spch section consistent with the Plan; NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH; SECTION 1. Section 35-23, "Emergency Authority", of the Code of the City of Fort Worth (1986}, as amended, is hereby amended to read as follows: (a) Purpose and scope. The purpose of this section 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 ar emergency conditions. This section applies to: (1) All persons and premises within the city using water from the water systerra; {2) All retail customers who live in unincorporated areas within the city's extraterritorial jurisdiction and are served by the water system; and (3) All wholesale service customers outside the city to the extent provided in subsection (k). {b) Drought contingency/emergency water management plan. The drought contingency/emergency water management plan is attached hereto as Exhibit A and is incorporated herein by reference. {c) Authority. The city manager is authorized to implement measures prescribed when required by this section and by the drought contingency/ earnergency water management plan approved by the city council. The director is authorized to enforce the measures implemented and to pramulgate regulations, not in conflict with this section or state and federal laws, in aid of enforcement. (d) Initiation of plan stages. The director, upon determination that drought conditiaxas or a water emergency exists, shall advise the city manager. The city manager may order that the appropriate stage of the drought contingency/emergency water management plan be initiated. To be effective, the order must be: (1 } Made by public announcement to the news media; (2} Published on the city's website; and (3} Published in a newspaper of general circulation in the city. (e) Duration of stage; change. A stage will remain in effect until the conditions that triggered initiation ofthe stage have been eliminated. if the stage is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered unless the city manager determines that conditions exist that will allow termination of the stage before September 30. Upon recommendation of the director, the city manager may terminate, upgrade or downgrade the stage. Any such change must be made in the same manner prescribed in subsection (d). (f) Violation of section. A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the measures implemented by the city manager as prescribed in the drought contingency/emergency water management 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 ransistent with the terms of subsection (d) and: (1) The manner of use has been prohibited by the drought contingency/emergency water management plan; (2} The amount of water used exceeds that allowed by the drought contingency/emergency water management plan; or (~) The manner or amount used violates the terms and conditions of a canapliance agreement made pursuant to a variance granted by the director pursuant to subsection (h). {g) Penalties for violation. Any person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this section and the draught contingencylemergency water management plan shall be fined not mare than $2,000 for each offense. In addition, the following penalties shall apply: (1} A person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this section and stage 3 of the drought contingency/emergency water management plan shall be fined not less than $250. (2) A person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this section and stage ~ of the drought contingency/emergency water management plan shall be I"uaed not less than $500. (3) 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 (2) times, the director may install a flew 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 24-hour period. (4) 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 draught contingency/emergency water management plan (3) times, the director may discontinue water service to the premises where the violation occurred. (h} Variances. During the times the emergency order is operative, the director may grant variances only under the following circumstances and conditions: (1) The applicant signs a compliance agreement on a form provided by the director, and approved by the city attorney, agreeing to use the water only in the amount and manner permitted by the variance; (2) Granting of the variance would not cause an immediate significant reduction in the city's water supply; (3) Failure to approve the variance would result in an extreme hardship or need relating to the health, safety or welfare of the applicant; and (4) Granting the variance would not adversely affect the premises at which the violation occurred. {i) Revocation of variances. The director may revoke a variance when he or she determines that: (l) The conditions of subsection (h) are not being met or are no longer applicable; (2) The terms of the compliance agreement are being violated; or (3) Revocation is advisable to protect the health, safety or welfare of other persons. (~) Appeal. Denial or revocation of a variance by the director can be appealed to the city manager by filing a written native of appeal with the city ma~zager within. ten {l4) days after issuance of the director's decision. The city manager's decision shall be final. {k) Wholesale service to customers outside the city. The director shall advise customers receiving wholesale water service from the city of actions taken under the drought contingency/ezx~ergency water management plan. The director may restrict service to customers outside the city as permitted under the contract and state law. (l) Authority under other laws. Nothing in this section 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 2. This ordinance shall he cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (19$6), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 the ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. All rights and remedies ofthe City of Fort Worth, Texas, are expressly saved as to any and all violations of the Code of the City of Fort Worth that have accrued as 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 maybe prosecuted until final disposition by the courts. SECTION S. Any person, firrrz ar 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 mare than $2,000 for each offense. In addition, the following penalties shall apply: (1) A person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this section and stage 3 of the drought contingency/emergency water management plan shall be fizzed not less than $250. (2) A person who violates, disobeys, omits, neglects or refuses to comply with a measure implemented in accordance with this section and stage 4 of the draught contingency/emergency water management plan shall be fined not less than $500. (3} If a person is convicted of violating, disobeying, omitting, neglecting or refizsing to comply with a measure implemented in accordance with this section and the drought contingency/emergency water management plan {2) times, the director may install a flow restrietor 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 24-hour period. (4) 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 cc»ztingency/erz~zerge~cy water managezne~zt plan (3} tinn~es, the director may discontinue water service to the premises where the violation occurred. SECTION 6. This ordinance shall take effect upon adoption and publiGatior~ as aregt~uecl by law. APPROVED AS TO FORM AND LEGALITY: Assistant Cit ~1 [Attorney Adopted: T .~ # ~ ~ D ~ E~eGt1Ye: l~~r_~~ ~~.~ .. T _~__. ~, ~~~~. ~rcaugh~ ~®ntingenc~ 1 Emergency star IVlanagem~nt Plan IVT'T" MARY GUGLIUZZA 817 392--8253 SCHERETTA SCOTT SI ~' 392-8244 RICHARD TALLEY S17 392-8203 INFORMATION: http://www.fortworthgouorg/water/ This Drought Contingeny 1 Emergency Water Management Plan {the "Plan") outlines the triggers and actions associated with each of the respective water management stages. These stages are: • Stage 1 -Dry Conditions • Stage 2 -Water Watch • Stage 3 -Water Warning • Stage ~ -Emergency Water Use Management These stages can be triggered by supply, distribution system, and treatment system constraints. They can alsa be triggered by Fort Worth's wholesale water provider, Tarrant Regional Water District. 1.® Public 6nfo~~nation and Input Public input on the Plan was solicited using the following means: 1. The City provided written notice of the proposed plan using the Fart Worth Star-Telegram and the City of Fort Worth website. The City also provided customers with the opportunity to comment on the plan using the same resources. 2. A copy of the proposed plan was available an the City of Fort Worth website. 3. The City provided a written copy of the plan to anyone who requested it. 4. The City held a public meeting an March 22, 2005 to introduce and promote the Plan. City of Fart Worth Drought Contingency/Emergency Water Management Alan 2005 1-1 1.1 Continuing Public Information and Input The public will be informed about the Plan after its adoption and will have an opportunity fnr input using the following means: 1. The Plan will be available at the Water Department offices in City Hall and at Fort Worth public 1 ibraries. 2. The Plan will also be available on-Mine at the City of Fort Worth website. 3. The City will notify local organizations, schools, and civic groups that staff are available to make presentations about the Plan. 4. The City will contact local media regarding the Plan. 5. The City may place information in customers' water bills. 1.2 Monitoring Information for the Plan System demands are currently monitored on a daily basis by the production staff of the City of Fort Worth Water Department. Tn addition, temperature and rainfall data are recorded by the National Weather Serviee. The City analyzes this data to determine when termination of a stage is appropriate. 1.3 Flow the Plan is Initiated and Terminated The City Manager or his/her designee is responsible For initiating and terminating the respective stages of the Plan. The City will provide notice that a stage has been initiated or terminated and that appropriate actions are required as follows: • Public announcement to the news media; • Publication vn the City's website; • Publication in a newspaper of general circulation; • Notification of the City's wholesale customers; and • Notification of all relevant state agencies. 1.4 system Capacity baseline for Water Management Stage Triggers System capacity with regards to the defined triggers is the total reliable pumping capacity. Therefore the system capacity baseline for triggers is 400 million gallons per day (mgd). See Table 1 below for more details of the yields of each of the treatment plants. This trigger number will be evaluated each year to take into consideration improvements that may have been added to the system. City of Fort Worth f~erV1'aRr~1 7 _2 Drought Canfingency /Emergency Water Management Alan Table 1. Treatment Plant Capacities Treatment t'lant pesign Reliable Pumping (in rriillion gallons per day) ' Ca~~acity Capacity tmgdr (+~gd? Imgd1 " Rolling Hills, est. 1972 200 185 North Molly, est. 1922 80 70 South Holly, est. 1952 100 $0 Eagle Mountain, est. 1992 70 65 Total 450 400 Source: Fort Worth Water Department Water Master Plan, 2005 ~ .5 Main ~®mponents ® fhe flan 1.5.1 Schedule of'V~atering The City has set voluntary schedule of watering guidelines as outlined in Table 2 below. These guidelines become mandatory if Stage 2 or any subsequent stage is initiated. The guidelines for times of watering also follow the same pattern: The 10 a.m. to 6 p.m. guidelines are voluntary until Stage 2 or any subsequent stage is initiated. Table 2. Schedule of Watering Last Digit of Address Allowed Watering Dates 0 and 5 Sth,lOth, 95th, 20th, 25th, 30th 1 and 6 1st, 6th, 11th, 1Sth, 21st, 26th 2 and 7 2nd, 7th, 12th, 17th, 22nd, 27th 3 and 8 3rd, 8th, 13th, 18th, 23rd, 28th 4 and 9 4th, 9th, 14th, 19th, 24th, 29th No watering will be allowed on the 31st. The lowest number will identify apartments, office building complexes, or other properties containing multiple addresses. Where there are no numbers, a number will be assigned by the Water Director. These restrictions also apply to government facilities. 1.5.2 Sectorization The areas of sectorization discussed in the water conservation stages are being defined and will most likely follow boundaries similar to the existing pressure planes, with the exact boundaries falling on definable roadways and other easily distinguished features. Crty of Fort Worth F'uxrt~Ua~rEr proughfConfingency/EmergencyWaterManagemenfPlan 1-3 1.5.3 Jurisdiction The restrictions listed below do not apply to those with private wells or those who own their water rights. These restrictions also do not apply for those using treated wastewater effluent, except where noted. 1.5.4 System information The City purchases water from the Tarrant Regianal Water District (TRWD). This water is from four major sources, as seen in Figure 1.1. • The West Fork of Trinity River via Lake Worth, lagle Mountain Lake, and Lake Bridgeport; • Clear Fork of the Trinity River via Lake Benbrook (A pipeline connects Lake Benbrook to the Rolling Nills Water Treatment Plant to supplement supply to that plant. A pump station on the Clear Fork of the Trinity River also supplies the Holly Water Treatment Plant.); • Cedar Creek Reservoir, located approximately 7S miles southeast of Fort Worth; and • Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth. Figure 1.'P. Tarrant Regions! Water District Supply Sources. 1.5.5 Utilization of Aiternate Water Sources The Fart Worth Water System does not have alternate water sources outside its current reservoirs. The City does not have alternative external delivery mechanisms, but does have the ability to distribute water thraughaut its system from any of its treatment plants. City of Fort Worth Faxrlibx-r .i „4 Drought Contingency /'mergency Water Management Plan 1.6 Dr®ught and Ernerg~ency Wa#er I~anagetnent Sfia~es Citywide 1.6.1 Stage 1 -Dry Conditions (City-Vllide~ 7.6.1.9 initiation This stage is currently implemented Full-time on a voluntary basis. Tit)IGG~tT~ Not A,ppiicahEe C1R 9.6.9.2 ACtion3 by City 'I'17WD T'ttIGGER~ greater than 25% above pated for two consec~xtive Rnonths, or Vest Fork at 50% capacity projected within three months • The City continues to reduce its own water use (e.g., fountains, landscape watering). • The City notifies its wholesale customers that conservation is ongoing and that appropriate actions are required. • The City continues its ongoing public education efforts. • If TRWD initiates Stage 1, the City will increase its public awareness programs. • If TRWD initiates Stage 1, the City will reduce diversions from the TRWD West Fork reservoirs and increase pumpage from the Eastern Division reservoirs as requested by TRWD. 9.6.9.3 Requested Actions The City requests that residents voluntarily water only once every five days. The City also requests that there be no watering between the hours of 10 a.m. and 6 p.m. • The City requests that golf courses voluntarily water fairways only once every five days. The City also requests that there be no watering between the hours of l 0 a.m. and 6 p.m. 7.6.9.4 Goal The goal is to achieve a voluntary reduction in water use. 7.6.9.5 Termination of Stage: Not Applicable (ongoing) This stage remains continually in effect. City of Fort Worth t'a~rlloRr~~ t)rought Contingency /Emergency Water Management Plan 1-5 sectgrizecl City-Wide 1.6.2 Stage 2: Water Watoh i;Sectarized or City-Wide) 1.6.2.1 Initiation This stage can be applied to sections of the city (refer to Section 1.5.2) to reduce impact on the entire city. If more than two sectors are affected, it immediately goes into effect for the entire city. This stage is activated when one or more sectors of the city are at 95% of reliable pumping capacity fnr three consecutive days. The stage is also activated if TRWD projects that water in storage in the West Fork reservoirs will decline to less than SO% capacity within two weeks and that water in storage for all the TRWD reservoirs has declined to b0% of capacity. T~GIEI~~ 95°/® of reliable purnping capacity fnr three ~onsec~ative days ®R 1.6.2.2 Actions by City 'TRWT3 'TRIGG~I~.~ East 'Texas systean pipeliaae demands at 90% of capaeity for three consecutive days, or West Fork projected to reach Sp% capacity within twn weeps, arad total systean at 60% capacity When this stage is initiated, the City will further reduce its own water use. The City will prohibit its own use of water for street washing, vehicle washing, operation of ornamental fountains, and all other non-essential uses. • The City will increase public information efforts on water conservation. • An internal working group will analyze the conditions which Triggered the stage and will monitor for subsequent stages. • Installation of new landscaping will be discouraged. 1.6.2.3 Prohiiaitecl Actions (See Exceptions 1.6.2.4) Watering Schcclule :. • Watering, except on the schedule of once every five days, as outlined in Section 1.5.1 of See:Sectiart I.~.;1 this plan. `Page D,l 3 ° Watering between the hours of ] 0 a.m. and b p.m. • Hosing off paved areas, buildings, or windows. • Actions which create water running into the street, or otherwise waste water. • Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare. • Non-commercial vehicle washing that does not occur at a commercial car wash or commercial service station which uses a recirculating water system. 1.6.2.4 Exceptions • Watering using hand-held hose or bucket can be conducted any day. aty of Fort worth FoRT1i'~RTI! 7 -6 Drought Contingency /Emergency Water Management Plan • Newly planted landscaping (planted in the spring of the current year),commereial plant nurseries, and public gardens may water nn any day. • Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Fort Worth Water Department. All landscape watering exceptions must still abide by the 10 a.m. to & p.m. water restrictions. 1.6.2.5 Requested Actions • The City requests that installation of new landscapes should be delayed until all watering restrictions are lifted. 1.6.2.6 Goal By the end of the first week after initiation of the stage, the City anticipates a S% reduction in system demand. 1.6.2.7" Termination All initiated actions will remain in effect anti! the conditions that triggered the stage have been eliminated. if the order is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the City Manager determines conditions exist which allow terminatinn of this stage before September 30. Upon termination of Stage 2, Stage 1 becames effective. City of fort Worth ~aRrRi~erE C?rought Contingency /Emergency Water Management PIa» 1-7 sect4rized 7.5.3 Stage 3: Water Warning (Sectorixed ar City wide) This stage can be applied to sections of the city {refer to Section 1.5.2} to reduce impact on the entire city. if more than two sectors are affected, it immediately goes into effect for the entire city. City.:-Wide 7.6.3.7 Initiation This stage is initiated when one or more sectors of the city are at 98% of reliable supply for three consecutive days. The stage is also initiated if TRWD projects that water in storage in all the TRWD reservoirs has declined to 50% of capacity. 1'~GGEit~ 9$% ®li'relialale p~mpin~ capacity boa- tlaa°ee corsecutive days 7.6.3.2 Actions lay City OR TR~I(D T)h~ICGGEI2~ East 'Texas system pipeline deattancls exceed capacity for 24 ]tours, (9x total system at 50% capacity • When this stage is triggered, the Gity will further reduce its own water use. The City will prohibit its own use of water for street washing, vehicle washing, operation of onr~amental fountains, and all other non-essential uses. • The City will discontinue its landscape watering except as needed to prevent foundation damage, to preserve new plantings, save rare plantings, and to keep golf greens and tee boxes alive. The daily watering restrictions will be enforced for these exceptions. • The City will increase public information efforts on the water supply. More information will be available on the Water Department website. • An internal working group will analyze the conditions which triggered the stage and will monitor for subsequent stages. '1.6.3.3 Prohibited Actions (Sae 1=xceptinns 7.5.3.4) Of the following restrictions, only the scheduling and time-of--day watering limits apply to those using treated effluent. Watering Schedule. .Watering, except on the schedule ofonce every five days, as outlined in Section 1.5.1 of See Section 1.5.I this plan. Page D1-3 • Watering between the hours of 10 a.m. and 6 p.m. • Hosing off paved areas, buildings, or windows. • Operation of ornamental fountains. • Draining, filling, refilling or adding water io swimming pools andlor Jacuzzi type pools. • Foundation watering, except done by hand-held hose or watering cans, using the five-day schedule. • Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare. • Vehicle washing. • Actions which create water running into the street or otherwise waste water. City of Fort Worth Fnx'rVk'uRri1 1 _$ Drought Contingency /Emergency Water Management Plan 1.6.3.4 Exceptions • Watering using ahand-held bucket ar hose can be conducted an any day. • Newly planted landscaping (planted in the spring of the current year), commercial plant nurseries and public gardens may water on any day. • Vehicles that need to be washed for health, sanitation, or safety reasons (e.g., food carriers) are excepted. Any vehicle washing must occur at a commercial ear wash ar commercial service station which uses a recirculating water system. • Use of water from designated fire hydrants for construction purposes may be allowed under a special permit from the Fort Worth Water Department. All landscape watering exceptions must still abide by the 10 a.m. to 6 p.m. water restrictions. 1.6.3.5 Requested Actions • Installation of new landscapes should be delayed until all watering restrictions are lifted. 1.6.3.6 Goal By the end of the first week after initiation of the stage, the City anticipates a 10% reduction in system demand. 1.6.3.7 Tewrrtination Ail initiated actions will remain in effect until the conditions that triggered the stage have been eliminated. If the stage is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the City Manager determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 3, Stage 2 or Stage 1 may become effective. This shall be determined by the City Manager in consultation with the Water Director. ___ Gity of Fart Worth tORT~'~`°~T" Drought Contingency/Emergency Wat~rManagemenf Plan ~_9 sect~rized 1.6.4 Stage 4: Emergency Water Use Management (Sectorized or City-wide) 1.6.4.9 Initiation Cit`~-Wide This stage will be initiated in the event of a contamination of the water supply, failure of or damage to major system components, or if demand an the system. exceeds delivery capacity. The stage will also be initiated if TRWD projects that water in storage in all its reservoirs has declined to 25% of capacity. "t"IitIGG)I:RS Ctartta,nination Failare a~trta,~®r systern comp®aent I)arnage to tna,~or systetru ~oHnponent ~eand exceeds stmppl~ 1.6.4.2 ,fictions by City (~R 'l['R~'~7 TRIGGU+ RS Pipelir<e failure Reservoir conta~nireation or Total systern at 2~% capacity • When this stage has been triggered, the City will discontinue its landscape watering except as needed to prevent foundation damage and to save rare plantings. Foundation watering must be done by hand-held hose or watering cans. • The City will increase public information efforts on the water supply. More information will be available on the Water Department website. • An internal working group will analyze the conditions which triggered the stage and will continue to monitor the situation. 1.6.4.3 Prohibited Actions (See Exceptions 1.6.4.4) • Landscape watering. • Installation of new landscaping. • Hosing off paved areas, buildings, ar windows. • Operation of ornamental fountains. • Draining, filling, refilling or adding water to swimming pools and/or Jacuzzi type pools. • Foundation watering, except done by hand-held hose or watering cans, using the f ve-day schedule. • Actions which create water running into the street, or otherwise waste water. • Washing of vehicles. • Use of water from hydrants for any purpose other than firefighting related activities, or other activities necessary to maintain public health, safety and welfare. 1.6.4.4 Exceptions • Vehicles that need to be washed for health, sanitation, or safety reasons (e.g., food carriers} are excepted. Any vehicle washing must occur at a commercial car wash ar commercial service station which uses a recirculating water system • Landscape watering and foundation watering must be done by hand-held base or hand- heldwatering cans using a five day schedule. city of Fort worth Drought Contingency /Emergency Water Management Plan 2005 1-7 0 • New landscaping (landscaping installed during the spring of the current year) may be watered daily far the first ten days after establishment, every other day for the next ten days and then every third day for the next ten days. Beyond that, it shall follow the schedule above. • Commercial plant nurseries can water plant stock by hand every other day. • Watering by governments and public gardens is limited to areas of rare vegetation and rare plantings. • Golf courses can water greens and tee boxes on the five-day schedule. Fairways will not be watered. • Commercial and public pools may refill water lost to normal daily use, but hosing off walkways is prohibited. All landscape watering exceptions must still abide by the 1~ a.m. to 6 p.m. water restrictions. 1.6.4.5 Gael The City will reduce system demand enough to address and rectify the emergency situation as soon as possible. 1.6.4.6 Term irtatlata All initiated actions will remain in effect until the conditions that triggered the stage have been eliminated. if the stage is initiated because of excessive demands, all initiated conditions will remain in effect through September 30 of the year in which they are triggered unless the City Manager determines that conditions exist which allow termination of the stage before September 30. Upon termination of Stage 4, Stage 3 or Stage 2 nay become effective. This shall be determined by the City Manager in consultation with the Water Director. c-ry of Fort worm r]rought Contingency! Emergency Water Management Plan 2005 1-11 1.6.5 Triggers Data from studies conducted on system supply dynamics from 2000, 2002, and 2003 suggest that system usage is directly related to a combination of rainfall and air temperature. When temperatures are higher than 100 degrees and there has been no rain for three days, system demand increases sharply. After the third day, historically, system demand continues to increase until either the temperature drops below 100 degrees or there is noticeable rainfall of mare than 0.05 inches in 24 hours. During the same period, therefore, the triggers are set to initiate after at least three consecutive days of demand equal to or above the stated trigger points. Additional measures may be invoked whenever necessary or if tlae Plan stages fisted above do not reduce demand enough to allow proper management of the system. 1.6.6 Reasons for Termination Once these triggers have been met and a stage has begun, the stage will not be lifted until one of the following requirements has been met: The specific situation is addressed (such as in the case of an emergency situation}; or the City Manager determines that the condition has subsided. It is anticipated that no Plan stage will be terminated before September 30, unless the conditions that triggered the stage have been eliminated, or unless the City Manager determines that conditions exist which allow termination of the stage. 1.7 Granting Variances to the P9an 1.7.1 Grounds for Granting Variances The Director of the Water Department may grant temporary variances for water uses otherwise prohibited under this Plan only if all of the following conditions are met: 1. Granting the variance would not cause an immediate significant reduction in the city's water supply; 2. Failure to approve the variance would result in an extreme hardship or need relating to the health, safety, or welfare of the applicant; 3. Granting the variance would not adversely affect the health, safety, and welfare of other persons; and 4. The applicant signs a compliance agreement on forms provided by the Director and approved by the City Attorney, agreeing to use water only in the amount and manner approved by the variance. Crfy of Fort Worth Drought Contingency/Emergency WatsrManagement Plan 2pp5 1-12 7.7.2 Information Required far Variance Request Any application for variances shall be in writing and shall include the following information: 1. Name and address of applicant(s); 2. Purpose of water use; 3. Specific provisions from which relief is requested; 4. Detailed statement of the adverse effect of the provision from which relief is requested; S. Description of the relief requested; 6. Period of time for which the variance is sought; 7. Alternative measures that will be taken to reduce water use; 8. Methods of measurement and reporting to confirm water use reductions (ifapplicable); and 9.Other pertinent information. Direct application to the following address: Water Department Director City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 7.7.3 Revocation of Variances The Director may revoke a variance when he ar she determines that: 1. The conditions set out in Section i.7.1 are not being met or are no longer applicable; 2. The terms a£ the compliance agreement have been violated; or 3. Revocation is advisable to protect the health, safety, or welfare of the public ar any person. 1.a3 Procedures for Enforcing ~Aandatory iiVater Use Restricts®ns Mandatary water use restrictions will be imposed during the following stages: Water Watch, Water Warning, and Emergency Water Use Management. These water use restrictions will be enforced in the fallowing manner: First Offense: Written warning. Subsequent Offenses: Citation, with fines established by Ordinance. After two violations the City may install a flow restrictor to limit the amount of water that may pass through the meter in any 24 hour period. After three violations, the City may cut off water service to the customer. City of Fort Worth Drought Contingency/FmergencyWaterNlanagementAlan 2Q05 9-13 'l.9 Co®rdination with RWPG, TRWD, and Wholesale Cust®mers Appendix. A is a copy of a letter sent to the Chair of Region C Water Planning Group with this Plan. Appendix B includes copies of letters sent to each of Fort Worth's wholesale customers with copies of this Plan. Appendix C is a copy of a letter sent to Tarrant Regional Water District with this Plan. Wholesale customers are requested to send a draft of their ordinances and other regulations implementing their Plans to the City of Fort Worth Water Deparhnent. 1.'l0 Rediew and Update ®f Emergency Water Management Plan As required by TCEQ rules, the City of Fort Worth and its wholesale customers will review this Plan at least every five years. The plan may be updated as appropriate based on new or updated information. Cify of Fort Worth aroughtContingency/EmergencyWaterManagementPlan 2005 1-14 City of F®~ V!/®rth, Texas ay~r and unci ®n7rnun~~at~®n C©UNCIL ACTION; Approved ors 4I1912Q05 -Ord. #16379-04-20U5 DATE: Tuesday, April 19, 2005 LOG NAME: 60DROUGHT REIwERENCE NOa; **C-14753 SUBJECT: Adoption of Ordinance Amending Chapter 35-23 of the City Code, "Emergency Authority," Concerning Shortages yr Delivery Limitations in the City's Water Supply and Approving Amended Draught Contingency/Emergency Water Management Plan RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving an amended drought contingencylemergency water management plan and amending Section 35-23 of the City Code to be consistent with state law and the plan. DISCUSSION: The Water Department is required to submit an updated drought contingencylemergency water management plan to the Texas Commission on Environmental Quality (TCEQ} by May 1, 2005. The update is required as a result of amendments to the Water Cade adapted by the Texas Legislature during the 2003 session and new rules approved by the TCEQ contained in Title 30, Texas Administrative Code, Chapter 288. The drought contingencylemergency water management plan outlines water use restrictions that would be taken if water supply levels drop, demand exceeds supply, a major system component is damaged or contamination occurs. This plan has four stages. The mare severe the situation, the higher the stage and the more restrictive the water use restrictions imposed. As required by recent legislation, the plan includes specific, quantified targets for water reductions to be achieved during each stage. The amendments to Section 35-23 of the City Code would make terminology in the code consistent with terminology used in state laws relating to drought contingencylemergency water management plans. The amendments also revise provisions concerning notice and variances from the plan to make them consistent with the plan and impose higher minimum fines for violations of stages 3 and 4 of the plan. FISCAL INFORMATIONICERTIF'ICATION: The Finance Director certifies that approval of this resolution witl not have a material effect on City funds. TO FundlAccountlCenters FROM FundlAccountlCenters Submitted for Gi Mona er's Office b : Originating De artment Head: Additional Inforrr~atian Contact: Marc Ott (8476} S. Frank Crumb (Acting) (8207) S. Frank Crumb (Acting) (8207) Logname: 6QDROUGHT Page 1 of 1