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HomeMy WebLinkAbout1383 09-14-1999ORDINANCE NO. 1383 AN ORDINANCE ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the City of Euless, 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, Section 12.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Euless, Texas, the City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 That the City of Euless, Texas, Drought Contingency Plan attached hereto as Exhibit "A" and made part hereof for all purposes be, and the same is hereby, adopted as the official policy of the City. SECTION 2 SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless 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, or 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. SECTION 3 PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter "General Provisions," Section 1 -12 "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 4 SAVINGS CLAUSE. Chapter 86 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING the Euless City Council on the 14th day of September, 1999, by 0 nays, and 0 abstentions. APPROVED: Mary Lib Sa -Wh .Mayor ATTE Susan Crim, C /AAE, City Secretary at a regular meeting of a vote of 5 ayes, Exhibit A, Ordinance No. 1383 City of Euless Drought Contingency Plan Section 1 1.1 Introduction The City of Euless purchases treated water from the Trinity River Authority (TRA) via the Tarrant County Water Supply Project ( TCWSP)_ TRA obtains surface water to supply the TCWSP through a contract with Tarrant Regional Water District (TRWD) from Lake Arlington. In addition, TRA has an agreement to obtain treated water from The City of Fort Worth, and as conditions and opportunities permit, TRA is able to schedule deliveries to its customers in order to accommodate individual customer needs; e.g. if Customer A needs additional water on any given day, and Customer B does not need all of its scheduled delivery on that day, then TRA can shift all or a part of the unneeded part of Customer B's supply to Customer A, with appropriate adjustments at a later date. Thus, the total capacity referenced herein includes the supply available from the TCWSP and the quantities available from Fort Worth and/or any other sources which may become available. It is understood that TRA will manage the total supply available to meet as much of the existing needs of its customers as possible before taking actions to declare emergencies and/or make pro rata allocations, as specified below. It is further understood that in the event of TRA's need to make pro rata allocations, such allocations will be on the basis of the customers' annual budgets in effect with TRA at the time. In order to conserve the available water supply and/or protect the integrity of the water supply facilities during water supply shortages or other supply emergency conditions that can have adverse effects on the customers of the City's water utility, the City of Euless, in conjunction with TRA, has developed the following Drought Contingency Plan (the Plan). 1.2 Drought Stages — Trigger Criteria, Actions, and Termination The City Manager or his/her designee in consultation with the TRA will monitor water supply and/or demand conditions and shall determine when conditions warrant initiation of each of the following stages: Euless Drought Contingency Plan t Stage 1: Mild Conditions Trigger Criteria: • Total raw water storage in TRWD West Fork Lakes is projected to decline to less than 295,670 acft (50% of storage capacity) within 2 weeks based on projected water demands and inflows, and • Storage in all TRWD reservoirs has dropped to 1,426,752 acft (601/o of storage capacity); or • Total demand reaches 90% of TRA's water supply capacity (Production capacity at TCWSP water treatment plant plus other supplies available) for 30 consecutive days. Actions: • Inspect treatment facilities and distribution system; make repairs where necessary. • TRA & City Manager request voluntary reduction in water use. • Inform and educate public on water conservation techniques through flyers and mailouts. • Work with major users to help them achieve reductions in water use. • Prohibit non - essential uses by City government, e.g. street washing, vehicle washing, operation of ornamental fountains. • Request a reduction in landscape watering by City. • Request voluntary limit to landscape irrigation 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 0 and 5 1 and 6 2 and 7 3 and 8 4 and 9 Allowed Water Dates 5',10',15',20"',25'b,30'h 1 ",6'x,11',16" ,21'i,26' 2',7',12`s,17',22°d,27a' 3`d,8th ' 13'x118"23` '28'x 4'",9" ,14"',19"',24"',2e Termination: • All Stage 1 conditions have subsided; or if caused by excessive demands, all initiated actions will remain in place through September 30 of the year in which they were triggered. Stage 2: Moderate Conditions Trigger Criteria: • Total raw water storage in TRWD reservoirs drops to less than 1,188,960 acft (50% of storage capacity); or • Total Demand reaches 95% of TRA's water supply capacity (Production capacity at TCWSP water treatment plant plus other supplies available) for 30 consecutive days. Actions: • Continue all Stage 1 actions; with the following modifications and/or additions • Begin mandatory water use restrictions as follows: prohibit hosing off paved areas, buildings, or windows; swimming pool draining and refilling; washing vehicles by hose (except commercial washes); operation of ornamental fountains. City of Euless Drought Contingency Plan • Begin mandatory limit to landscape irrigation 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 0 and 5 1 and 6 2 and 7 3 and 8 4 and 9 Allowed Water Dates 5', l0 ',15°i,20's,25d',30d' 1",6a',11',16a',21 ",26°i 2nd,71,12t ,17',22nd,27a' 3`d,8°',13',18d',23`d,29 ' 0,9d',14d ,19d',24d ,29' Termination: • All Stage 2 conditions have subsided; or if caused by excessive demands, all initiated actions will remain in place through September 30 of the year in which they were triggered. Stage 3: Severe Conditions Trigger: • Total raw water storage in TRWD reservoirs drops to less than 594,480 acft (25% of storage capacity); or • Total Demand reaches 100% of TRA's water supply capacity (Production capacity at TRA TCWSP water treatment plant plus other supplies available) for 30 consecutive days. Actions: Continue all Stage 2 actions; with the following modifications and/or additions Identify additional sources (e.g. pre - arranged interconnections with neighbors); work with customers to identify necessary deliveries; if necessary, TRA to initiate pro rata curtailment of water deliveries (See paragraph 1.1 for explanation of method for making pro rata allocations). Continue mandatory limit to landscape irrigation at each service address to once every five days based on the last digit of the address per the schedule below. There will be no watering allowed between 8 a.m and 10 p.m. Last Digit of Address 0 and 5 1 and 6 2 and 7 3 and 8 4 and 9 Allowed Water Dates 5', l &, 15',20',25',30t' 1�,6's, l 1',16d',21',26t' 2nd,71,121' 17',22nd,27t' 3 rd, 8d',13's,18d',23`d,28's 4t i,9d',14d',19d',24t"29d' Termination: • All Stage 3 conditions have subsided; or if caused by excessive demands, all initiated actions will remain in place through September 30 of the year in which they were triggered. Stage 4: Emergency Conditions Trigger Criteria: • Total raw water storage in TRWD reservoirs drops to less than 475,584 acft (20% of storage capacity), or • System Failure at TRA TCWSP. City of Euless Drought Contingency Plan Actions: • Continue all Stage 4 actions; with the following modifications and/or additions • TRA to work with customers to identify necessary deliveries, if necessary TRA to initiate pro rata curtailment of water deliveries (See paragraph 1.1 for explanation of method for making pro rata allocations). • Prohibit all public water uses not required for health or public safety (i.e. no landscape watering, no outside use watering). • If system failure or contamination of water supply, undertake necessary actions, such as repair or cleanup, to solve the problem. Termination: • All Stage 4 conditions have subsided and system has been repaired; or if caused by excessive demands, all initiated actions will remain in place through September 30 of the year in which they were triggered. 1.3 Notification of Initiation and Termination When a trigger condition has been reached the public will be notified through publication of articles in the Ft. Worth Star Telegram and announcements on local radio and television. In addition to notifying the public that a trigger condition has been reached, the article and/or announcements will contain information on water conservation techniques. During severe or emergency conditions, signs may be posted at public spaces throughout the City (e.g. libraries, post offices, and grocery stores). When trigger conditions have passed TRA will publish notification in the Ft. Worth Star Telegram and in announcements on local radio and television that drought contingency actions are abated for that stage, and if applicable, will outline measures necessary to for the reduced condition. 1.4 Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Euless by means of a public hearing. 1.5 Public Information and Education In conjunction with the public information and education program for water conservation, the purpose and effect of the Plan will be communicated to the public through articles in the Ft. Worth Star Telegram, pamphlets sent out in utility bills and/or mailouts. The City will coordinate these efforts with TRA. City of Euless Drought Contingency Plan 4 1.6 Implementation and Enforcement It will be the responsibility of the City Manager to implement and enforce the Plan. Persons found in violation of Stage 2,3, or 4 drought restrictions will be given a warning. Additional violations will result in a citation with a fine not to exceed $1,000 per incident. On 09/14/99 the City adopted the drought contingency plan. 1.7 Procedures for Granting Variances Variances will be considered only under extreme circumstances for health or public safety reasons. The City Manager or his/her designee will be responsible for making this determination. 1.8 Pro Rata Water Allocation In the event Stage 3 water shortage conditions or Stage 4 emergency conditions are met; the City of Euless will work with TRA to identify necessary deliveries. If necessary, TRA will initiate pro rata allocation of water from TCWSP. TRA will carry out this allocation in accordance with Texas Water Code Section 11.039. 1.9 Coordination with Regional Water Planning Groups The City of Euless is located within the Region C Regional Water Planning Area. In accordance with TNRCC rules, the City has provided a copy of the Drought Contingency Plan to the Region C Regional Water Planning Group. City of Euless Drought Contingency Plan 5