HomeMy WebLinkAboutOrdinance 15136ORDINANCE NO. ~ v r ~~
AN ORDINANCE AMENDING CHAPTER 35, WATER AND
SEWERS, OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY AMENDING SECTIONS 35-23(b),
MAHING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES AND
PROVISIONS OF THE CODE OF THE CITY OF FORT
WORTH IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE, DIRECTING THE PUBLICATION
OF THE CAPTION, PENALTY CLAUSE AND THE EFFECTIVE
DATE OF THIS ORDINANCE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
SECTION 1
That Section 35-23(b) of Chapter 35, Water and Sewers, of the Code of the City
of Fort Worth (1986), as amended, is hereby amended to be and read as follows
"SEC 35-23 EMERGENCY AUTHORITY
(b) Emer ency water management plan. The emergency water
management plan is attached hereto as Exhibit A and is incor-
porated herein by reference "
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are m direct conflict with the provisions of such ordinances and such Code, m
which event conflicting provisions of such ordinances and such Code are hereby repealed.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~unsdiction, 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 4
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than One Thousand Dollars ($1,000) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5
The City Secretary of the Crty of Fort Worth, Texas, is hereby directed to publish
the caption and penalty clause of this ordinance for two (2) days m the official newspaper of
the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government
Code.
SECTION 6
This ordinance shall take effect upon adoption.
APP OVED AS TO FORM AND LEGALITY
Assistant Crty Attorney G'
Adopted. ~l ~ o i q~~o`~
EMERGENCY WATER MANAGEMENT PLAN
FOR THE
CITY OF FORT WORTH
Summary
The City of Fort Worth Water Department serves over 480,000 residents m 1999 and this
population is expected to grow to over 670,000 by the year 2050 The Water Department
also provides treated water to 28 wholesale customers. This service area is currently
served by four water treatment plants The North Holly Water Treatment Plant, built in
1922, the South Holly Water Treatment Plant, built m 1952, the Eagle Mountain Water
Plant built m 1992, and the Rolling Hills Water Plant, built m 1972. The City of Fort
Worth Water Department is charged with the operations of these plants and the
associated treated water pumping systems. The current firm treatment capacity is a 350
MGD
The City purchases water from the Tarrant Regional Water District (TRWD) This water
is from four mayor sources
The West Fork of Trinity River via Lake Worth, Eagle Mountain Lake, and Lake
Bridgeport;
2 Clear Fork of Trinity River via Lake Benbrook (a pipeline connects Lake
Benbrook with the Rolling Hills Water Treatment Plant to supplement supply to
that plant.),
3 Pumped from Cedar Creek Reservoir. located approximately 75 miles southeast of
Fort Worth, and,
4 Pumped from Richland Chambers Reservoir located approximately 75 miles
southeast of Fort Worth.
The above multiple water sources provide the TRWD with alternative water sources and
flexible source water transfer that can effectively managed during drought conditions.
TRWD has coordinated with the City and its other municipal customers to secure
adequate water rights to supply the service area. This coordination has involved
population and water use forecasts through the year 2050 A regional water plan is under
development, which will identify water supply needs and recommend water management
and conservation practices to extend the current supplies. Part of this process involves the
short and long-term water management practices which impact water use by residential,
commercial, industrial, and wholesale customers of The City of Fort Worth during water
shortages.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page -1
This Emergency Water Management Plan (Plan) identifies and explains those water
management practices that will protect water supplies dunng these short and long term
emergency situations. It includes information required by Texas Natural Resource
Conservation Commission (TNRCC) for drought contingency plans as well as that
information specific to the City of Fort Worth water supply and treatment system.
Section 1: Declaration of Policy, Purpose and Intent
In order to conserve the available water supply and protect the integrity of the water
supply facilities, with particular regard for domestic water use, sanitation, and fire
protection, and to protect and preserve public health, welfare and safety and minimize the
adverse impacts of water supply shortage or other water supply emergency conditions,
the Crty of Fort Worth hereby adopts the following regulations and restrictions on the
delivery and consumption of water
Water uses regulated or prohibited under this Plan are considered to benon-essential and
continuation of such uses dunng times of water shortage or other emergency water
supply condition are deemed to constitute a waste of water which subjects the offender(s)
to penalties defined m Section 11 of this plan.
Section 2 Public Involvement
The City of Fort Worth has provided opportunity for public input into the preparation of
this Plan through four public meetings. Notices were published in local newspapers,
through news releases, and m mailings to neighborhood associations. The Plan was
published available at public libraries, on the Water Department websrte, and to those
who requested a copy Documentation is attached regarding the public meetings and
publicity for each. No comments were received.
Section 3• Public Education
The City of Fort Worth will periodically provide the public with information about the
Plan, mcludilg information about the conditions under which each stage of the Plan is to
be initiated or terminated and the measures to be implemented m each stage. This
information will be provided by the Water Department's Public Education Office through
ongoing programs, which will reach a wide variety of customers. These ongoing
programs include public outreach to schools, Rotary Clubs, Civic Groups, and other adult
and child groups. The Public Education Office distributes conservation and drought
response brochures m water bill mailings, and provides them to the general public at the
Water Department and at public libraries. The Water Department also uses their websrte
to educate the public on conservation, drought response, as well as other topics affecting
water use practices.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 2
At any time this Plan is enacted and the public is advised to respond with reductions m
non-essential or essential water use, the Public Education Office will respond with
notifications to local media and civic groups m order to publicize the issues and specifics
of water use reduction. Billing inserts will follow as required.
Section 4: Coordination With Regional Water Planning Groups
The service area of the City of Fort Worth is located within Region C water planning
group A copy of the Plan has been submitted to the Region C Group Because the water
supply is provided by TRWD, a copy of the Plan has been provided to them as well.
Section 5. Authorization
The City Manager, or hislher designee is hereby authorized and directed to implement the
applicable provisions of this Plan upon determination that such implementation is
necessary to protect public health, safety and welfare. The City Manager, or his/her
designee, shall have the authority to initiate or terminate drought or other water supply
emergency response measures as described m this plan.
Section 6 Application
The Provisions of this plan shall apply to all persons, customers, and property utilizing
water provided retail by the City of Fort Worth. The terms "person" and "customer" as
used m the Plan include individuals, corporations, partnerships, associations, and other
legal entities. The City of Fort Worth will include a provision m every wholesale water
contract entered into or renewed after adoption of the plan including contract extensions
that, incase of a shortage of water resulting from drought, the water to be distributed
shall be divided in accordance with Texas Water Code, paragraph 11 039
Section 7: Definitions
Aesthetic Water Use water use for ornamental or decorative purposes such a fountains,
reflecting pools, and water gardens.
Commercial and Institutional Water Use' water use that is integral to the operations of
commercial and non-profit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
Conservation those practices, techniques, and technologies that reduce the consumption
of water, reduce the loss or waste of water, improve efficiency m the use of water or
increase the recycling and reuse of water so that a supply is conserved and made
available for future or alternative uses.
City: is the Crty of Fort Worth.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 3
Citv ManaEer• is the City Manager of the City of Fort Worth or his/her duly authorized
designee
Customer any person, company, or organization using water supplied retail by, the City
of Fort Worth.
Director is the Water Department Director or his/her duly authorized designee
responsible for City's water
Drought: is generally a lack of adequate water to supply needs or replenish supplies
used.
Industrial Water Use the use of water in processes designed to convert materials of
lower value into forms having greater usability and value.
Landscape Irrigation Use Water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, mcludmg residential and commercial lawns,
gardens, golf courses, parks, and rights-of--way and medians.
Non-Essential Water Use. Water uses that are not essential nor required for the
protection of public, health, safety, and welfare, mcludmg:
a. irngation of landscape areas, mcludmg parks, athletic fields, and golf
courses, except to otherwise provided by this plan,
b use of water to wash any motor vehicle, motorbike, boat, trailer, airplane
or vehicle;
c use of water to wash down any sidewalks, walkways, driveways, parking
lots, tenors courts, or other hard-surfaced areas,
d. use of water to wash down buildings or structures for purposes other than
the immediate fire protection,
e flushing gutters or permrttmg water to run or accumulate m any gutter or
street;
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 4
f. use of water to fill, refill or add to any indoor or outdoor swimming pools
or ~ acuzzi-type pools,
g. use of water m a fountain or pond for aesthetic or scenic purposes except
where necessary to support aquatic life;
h. failure to repair a controllable leak(s) within a reasonable period after
having been given notice directing the repair of such leak(s), and
i. use of water from hydrants for construction purposes or any other
purposes other than fire fighting.
Person is any person, entity, firm, partnership, association, corporation, company or
organization of any kind.
Rationin~• limits the amount of water that can be used.
Restrictions limit how and when water maybe used.
Water is water taken from any public water supply or distribution system within the
boundaries of the Crty, potable or nonpotable, and means ether raw or potable water
Wholesale Customer is a municipality, town, village or other governmental entity or
private firm contracting with a governmental entity for the provision of water service
Section 8 Initiation and Termination of Drought Response Stages
8.1 Monitoring
All relevant components of the City of Fort Worth water system will be monitored to
ensure timely response to water situations. The TRWD will monitor water supply and
raw water delivery trends and potential system constraints. The Water Department
through the Director of Fort Worth Water Department will monitor supply, treatment and
distribution system trends and potential constraints. Should trends show that any system
is approaching trigger levels, more detailed momtonng will be implemented. At a
minimum, during non-critical water supply periods, the momtonng and trending will take
place monthly During critical water supply periods the momtonng and trending will take
place at least weekly and may be monitored even more frequently
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 5
8.2 Initiation of Drought Response
When emergency or trigger conditions occur, the City Manager or hislher designee may
order the appropriate stage of the Plan. Notification of the public will occur per Section 3
Wholesale customers (customer cities) will be notified by telephone and afollow-up
letter or facsimile transmission as each drought tugger condition is reached. The
notification will include the expected reduction m use
Meeting or exceeding one or more tugger conditions will be sufficient cause to initiate a
corresponding Plan stage. However, the City Manager or his designee can recommend
that a stage not be initiated under these circumstances. Factors which may influence the
recommendation include, but are not limited to, the time of the year, weather conditions,
anticipation of replenished water supplies, or anticipation that facilities will be placed on-
line to serve demand.
The City of Fort Worth will notify the executive director of the Texas Natural Resource
Conservation Commission (TNRCC) within 5 business days of the implementation of
any mandatory provisions of the Emergency Water Management Plan.
8.3 Termination of Drought Response
Termination of the drought measure will be announced through the media when the
tugger conditions that initiated the drought measures have subsided, and an emergency
situation no longer exists.
Section 9: Water Management Stages
9.1 Stage 1 Water Awareness
Triggering Criteria
^ Water storage m TRWD West Fork reservoirs is projected to decline to less than
295,670 acre-feet (50% of capacity) within 2 weeks, based upon projected water
demands and inflows, or
^ Water storage m the TRWD reservoirs has declined to 1,426,752 acre-feet (60% of
capacity), or
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 6
^ Demand for Fort Worth or TRWD exceeds 90% of deliverable capacity for 3
consecutive days, or
^ Water demand approaches a reduced delivery capacity for all or part of the system
due to supply or production capacity limitations including contamination of the
system.
Actions Available
(Applied locally or to all customers, as necessary; some or all may be initiated)
The City Manager or designee requests voluntary reductions m water use.
2. Accelerate public information efforts to teach and encourage reduced water use.
3 Staff will begin a review of the problems that initiated Stage 1 actions.
4 Notify mayor water users and work with them to achieve voluntary water use
reduction.
5 Prohibit city government use of water for street washing, vehicle washing,
operation of ornamental fountains and all other non-essential use.
6 Request a reduction m landscape watering by city government.
7 Request no landscape watering between 10 a.m. and 7 p.m.
Determine effect on wholesale customers and notify them of impact. Advise
wholesale customers of actions being taken wrthm Fort Worth and solicit
implEmentation of like procedures m wholesale customer cities. If necessary,
a pro rata curtailment of water deliveries to or diversions by wholesale customers
as provided m Texas Water Code, paragraph 11 039 will be implemented.
Voluntary measures will remain in effect until the conditions that triggered Stage 1
have been alleviated. If Stage 1 is initiated because of excessive demands, all
initiated actions will remain in effect through September 30 or until the City
Manager determines that these measures are no longer required.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 7
9.2 Stage 2 Water Watch
Triggering Criteria
^ TRWD demands exceed East Texas delivery system capacity fora 24-hour
period, or
^ Water storage m TRWD reservoirs has declined to 50% of capacity; or
^ Demand exceeds 95% of deliverable capacity for 2 consecutive days, or
^ Water demand equals a reduced delivery capacity for all or part of the system due
to supply or production capacity hm~tations including contamination of the
system
Actions, Available
(Applied locally or to all customers, as necessary; some or all maybe initiated)
1
2
3
4
Initiate engmeenng studies to evaluate alternatives should conditions worsen.
Continue public information efforts regarding water supply conditions and
conservation efforts.
Begin mandatory water use restrictions as follows
^ Prohibit hosing off of paved areas, buildings or windows,
^ Operation of ornamental fountains;
^ Washing or rinsing of vehicles by hose;
^ Using water m such a manner as to allow runoff or other water wastes.
Limit landscape watering at each service address to once every five days based on
the last digit of the address per the schedule below
Last Digit of Address Allowed Water Dates
OorS St ,lOt,15t,20t,25t,30t
1 or 6 1St , 6t , 11 t , 16t , 21St, 26t
2or7 2" ,7t,12t,22n,27t
3 or $ 3r , 8t , 13t , 18t , 23T , 28t
4or9 4t ,9t, 14t, 19t,24t,29t
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 8
Require the public not to water between the hours of 1 O 00 AM to 7 00 PM for
efficient use of irngation water
No watering will be allowed on the 31st. The lowest address number will identify
apartments, office building complexes or other property containing multiple addresses.
Where there are no numbers, a number will be assigned by the director These
restrictions also apply to government facilities.
Exceptions Foundations, azaleas, and new plantings (first year) of trees and shrubs may
be watered with ahand-held or soaker hose on any day for up to two hours, nurseries
may water plant stock only without restrictions, public gardens may water without
restrictions, golf courses may water greens and tee boxes without restrictions. Other
areas, including fairways, must adhere to the five-day rotational watering schedule based
on their address. Hand held watering by hose wzth automatic shutoff valve or by bucket
maybe done on any day Restricrtons do not apply to .any location using groundwater or
wastewater effluecnt for irngation. Y
5 Require a reduction by local governments ofnon-essential water use and a reduction
m landscape watering.
6 Encourage people to wait until the emergency water situation has passed to establish
new landscaping.
7 Prohibit draining and refilling of existing pools and. filling of new pools. Existing
commerical, public and private swimming pools that are filled may add water to
replace that lost during daily use.
8 Advise wholesale customers of actions being taken within Fort Worth and solicit
enforcement of like procedures in wholesale customer cities. Wholesale customer
cities must impose water use restrictions equivalent to those imposed on Fort Worth's
retail customers. If necessary, a pro rata curtailment of water deliveries to or
diversions by wholesale customers as provided m Texas Water Code, paragraph
11 039 will be implemented.
All initiated measures will remain in effect until the conditions that triggered Stage
2 have been alleviated. If Stage 2 is initiated because of excessive demands, all
initiated actions will remain in effect through September 30 or until the City
Manager determines that these measures are no longer required.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 9
9.3 Stage 3 Water Warning
Triggering Criteria
^ Water storage in TRWD reservoirs has declined to 25% of capacity; or
^ Demand exceeds 95% of deliverable capacity for 5 consecutive days, or
^ Water demand exceeds a reduced delivery capacity for all or part of the system
due to supply or production capacity limitations including contamination of the
system
Actions Available
(Applied locally or to a//customers, as necessary; some or all may be initiated)
Implement recommended engineering alternatives.
2 Continue implementation of all restrictions from previous stages.
Prohibit residential or commercial landscape watering and car washing between
the hours of 10 a.m. and 7 p.m.
4 Foun3ations, shrubs, and trees may be watered with soaker or hand-held hose on
the same five-day rotational basis as landscapes for up to two hours.
Golf courses using treated water for grounds watering must adhere to the
following schedule
Greens and tee boxes maybe watered, but NOT between the hours of 10 a.m and
7 p.m. other areas, including fairways, must adhere to the five-day rotational
watering schedule listed in Stage 2 based on their address.
6 Public gardens may water, but NOT between the hours of 10 a.m. and 7 p.m.
7 Nurseries may water plant stock, but NOT between the hours of 10 a.m. and 7
p.m.
8 No new landscaping maybe established during this period.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page -10
9 No refilling of private pools. Commercial and public pools may refill.
10 Advise wholesale customers of actions being taken within Fort Worth and solicit
enforcement of like procedures in wholesale customer cities. Wholesale customer
cities must impose water use restrictions equivalent to those imposed on Fort
Worth's retail customers. If necessary, a pro rata curtailment of water deliveries to
or diversions by wholesale customers as provided m Texas Water Code,
paragraph 11 039 will be implemented.
All initiated actions will remain in effect until the conditions that triggered Stage 3
have been alleviated. If Stage 3 is initiated because of excessive demands, all
initiated actions will remain in effect through September 30 or until the City
Manager determines that these measures are no longer required.
9 4 Stage 4 Water Emergency
Triggering Criteria
^ Water storage m TRWD reservoirs has declined to 20% of capacity; or
^ Demand exceeds 100% of deliverable capacity for 2 consecutive days, or
^ Water demand seriously exceeds a reduced delivery capacity for all or part of the
system due to supply or production capacity limitations mcludmg contamination
of the system
Act ions Available
(Applied locally or to a!/customers, as necessary, some or all may be initiated)
1 Continue implementation of all restrictions from previous stages.
2. Prohibit residential and commercial landscape watering, mcludmg golf courses,
with the following exceptions
a. Nurseries' plant stock may be watered, but NOT between the hours of 10
a.m. and 7 p.m. All watering must adhere to the 5-day landscape watering
schedule m Stage 2
b Public gardens may water, but NOT between the hours of 10 a.m. and 7
p.m. All watering must adhere to the 5-day landscape watering schedule zn
Stage 2
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 11
c Golf course greens and tee boxes may be watered, but NOT between the
hours of 10 a.m. and 7 p.m. All watering must adhere to the 5-day
landscape watering schedule in Stage 2
d. Foundations may be watered for atwo-hour period, but NOT between the
hours of 10 a:m. and 7 p.m. All watering must adhere to the 5-day
landscape watering schedule in Stage 2 and must be done with a soaker
hose or a hand-held hose with an automatic shut-off valve.
e Any location using groundwater or wastewater effluent for irngation.
3 Any and all washing of vehicles is prohibited, except vehicles that need to be
washed for health, sanitation, or safety reasons, such as food Garners. Any vehicle
washing must occur at a commercial car wash or commercial service station with
a recirculating water system.
4 No new landscaping maybe established during this period.
No refilling of private pools. Commercial and public pools may refill water lost to
normal daily use.
6 All commercial water uses maybe required to reduce water consumption by a
percentage determined by the director
7 Advise wholesale customers of actions being taken within Fort Worth and solicit
enforcement of like procedures m wholesale customer cities. Wholesale customer
cities must impose water use restrictions equivalent to those imposed on Fort
Worth's retail customers. If necessary, a pro rata curtailment of water deliveries
to or diversions by wholesale customers as provided in Texas Water Code,
paragraph 11 039 will be implemented.
All initiated actions will remain in effect until the conditions that triggered Stage 4
have been alleviated. If Stage 4 is initiated because of excessive demands, all
initiated actions will remain in effect through September 30 or until the City
Manager determines that these measures are no longer required.
Section i0: Enforcement
10 1 No person shall knowingly or intentionally allow the use of water from the City of
Fort Worth for residential, commercial, industrial, agricultural, governmental, or
any other purpose m a manner contrary to any provision of this Plan, or an
amount m excess of that permitted by the drought response stage m effect at the
time pursuant to action taken by the City Manager, or hrslher designee, m
accordance with provisions of this Plan.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 12
10.2 Each day that one or more of the provisions m this Plan is violated shall constitute
a separate offense. If a person is convicted or three or more distinct violations of
this Plan, the City Manager shall, upon due notice to the customer, be authorized
to discontinue water service to the premises where the violations occur Services
discontinued under such circumstances shall be restored only upon payment of re-
connection charge, and any other costs incurred by the Crty of Fort Worth m
discontinuing service. In addition, suitable assurance must be given to the City
Manager that the same action will not be repeated while the Plan is m effect.
Compliance with this plan may also be sought through m~unctive relief m the
district court.
10 3 Any person, including a person classified as a water customer of the City of Fort
Worth, m apparent control of the property where the violation occurs or originates
shall be presumed to be the violator, and proof that the violation occurred on the
person's property shall constitute a rebuttable presumption that the person in
apparent control of the property committed the violation, but any such person
shall have the right to show he/she did not commit the violation. Parents shall be
presumed to be responsible for violations of their minor children and proof that a
violation, committed by a child, occurred on the property within the parent's
control shall constitute a rebuttable presumption that the parent committed the
violation, but any such parent maybe excused if he/she proves that he/she had
previously directed the child not to use the water as rt was used m violation of
this Plan and that the parent could not have reasonably known of the violation.
10 4 Any employee of the City of Fort Worth, police, officer, or other employee
designated by the City Manager, may issue a citation to a person he/she
reasonable believes to be m violation of this Plan. The citation shall be prepared
m duplicate and shall contain the name and address of the alleged violator, if
known, the offense charged and shall direct him/her to appear m the municipal
court, on the date shown on the citation.
Section 11 Variances
The Director, or his designee, may, m writing, grant temporary variance for existing
water uses otherwise prohibited under this Plan if it is determined that failure to grant
such variance would cause an emergency condition adversely affecting the health,
sanitation, or fire for the public or the person requesting such variance and if one or more
of the following conditions are met:
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page - 13
a. Compliance with this plan cannot be technically accomplished during the
duration of the water supply shortage or other condition for which the Plan
is m effect.
b Alternative methods can be implemented which will achieve the same
level of reduction m water use
Persons requesting an exemption from the provisions of this Plan shall file a petition for
variance with the City of Fort Worth within 5 days after the plan or a particular drought
response stage has been invoked. All petitions for variances shall be reviewed by the
Director, or his designee, and shall include the following:
Name and address of the Petitioner(s)
d. Purpose of water use
e Specific provision(s) of the Plan from which the petitioner is requesting
relief.
f. Detailed statement as to how the specific provision of the Plan adversely
affects the petitioner or what damage or harm will occur to the petitioner
or others if petitioner complies with this Plan.
g. Description of the relief requested.
h. Period of time for which the variance is sought.
i. Alternative water use restrictions or other measures the petitioner is taking
or proposes to take to meet the intent of this Plan and the compliance date.
Other pertinent information.
Variances granted by the City of Fort Worth shall be subject to the following conditions,
unless waived or modified by the Director
a. Variances granted shall include a timetable for compliance
b Variances granted shall expire when the Plan is no longer in effect, unless
the petitioner has failed to meet specified requirements.
No variance shall be retroactive or othewise~ustify any violation of the Plan occurnng
prior to the issuance of the variance.
City of Fort Worth Emergency Water Management Plan
May 29, 2002' Page -14
Section 12: Severability
It is hereby declared to be the intention of the City of Fort Worth that the sections,
paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase,
clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by
the valid judgement or decree of any court of competent ~unsdiction, such
unconstrtutionahty shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Plan, since the same would not have been enacted by the
City of Fort Worth without the incorporation into this Plan of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
City of Fort Worth Emergency Water Management Plan
May 29, 2002 Page -15
City of Fort I~T~orth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/18/02 **G-13653 60PLANS 1 of 2
suB~ECT ADOPTION OF AN ORDINANCE AMENDING CHAPTER 35, SECTIONS 35-23(B) OF
THE CODE OF THE CITY OF FORT WORTH (1986) RELATED TO THE EMERGENCY
WATER MANAGEMENT PLAN
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 35, Sections
35-23(b) of the Code of the City of Fort Worth (1986) related to the Emergency Water Management
Plan
DISCUSSION
On August 24, 1999 (M&C G-12644), the City Council approved Ordinance No 13912 regarding
changes to the Water Conservation and Emergency Water Management Plans which were submitted to
the Texas Natural Resource Conservation Commission (TNRCC) for approval
The City has received a letter from the TNRCC requiring minor modifications to the Emergency Water
Management Plan before it can be approved The changes require specific provisions to be included in
the plan and do not significantly impact our ordinance
Proposed changes to the Emergency Water Management Plan are as follows
• Modify paragraph $ under Section 9 1 (page 6), paragraph 8 under Section 9.2 (page 8),
paragraph 10 under Section 9 3 (page 9) and paragraph 7 under Section 9 4 (page 10) by
adding a sentence "If necessary, a pro rata curtailment of water deliveries to or diversions
by wholesale customers as provided in Texas Water Code, paragraph 11 039 will be
implemented "
• Modify the Summary (page 1) at the beginning of the next to the last paragraph by adding
a sentence "The above multiple water sources provide the Tarrant Regional Water District
with alternative water sources and flexible source water transfer that can be effectively
managed during drought conditions "
• Modify Section 6 (page 3) at the and of the paragraph by adding a sentence "The City of
Fort Worth will include a provision in every wholesale water contract entered into or
renewed after adoption of the plan including contract extensions that, in case of a shortage
of water resulting from drought, the water to be distributed shall be divided in accordance
with Texas Water Code, paragraph 11 39 "
City of Fort Worth, Texas
Mayor and Council Communication
DATE .
6/18/02 REFERENCE NUMBER
**G-13653 LOG NAME
60PLANS PAGE
2 of 2
SUBJECT ADOPTION OF AN ORDINANCE AMENDING CHAPTER 35, SECTIONS 35-23(B) OF
THE CODE OF THE CITY OF FORT WORTH (1986) RELATED TO THE EMERGENCY
WATER MANAGEMENT PLAN
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
BG n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgette Garrett (Acting) 6140
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 06/18/02
ORD.# 15136
Additional Information Contact:
Dale Fisseler g207