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HomeMy WebLinkAboutOrdinance 2882 NI~H ORDINANCE NO. 2882 AN ORDINANCE AMENDING SECTION 78-62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; APPROVING AND ADOPTING A WATER CONSERVATION AND EMERGENCY WATER DEMAND/DROUGHT CONTINGENCY PLAN; ESTABLISHING THE AUTHORITY FOR THE CITY MANAGER TO EXECUTE THE ELEMENTS OF THE PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Texas has promulgated regulations requiring replacement of the City's current water conservation and emergency water demand management plan with the Water Conservation and Emergency Water Demand/Drought Contingency Plan attached hereto; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Sec. 78-62 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 78-62. Water Conservation and Emergency Water Demand/Drought Contingency Plan adopted. (a) Plan adopted. The City of North Richland Hills, Texas hereby adopts the Water Conservation and Emergency Water Demand/Drought Contingency Plan attached hereto. (b) Trigger conditions and actions. The Water Conservation and Emergency Water Demand/Drought Contingency Plan establishes certain drought trigger conditions and actions to be taken by the citizens of the City of North Richland Hills during the stages of defined drought conditions. (c) Authority to define trigger conditions, take appropriate action. This ordinance authorizes the City Manager, or his/her duly appointed representative, to define the trigger condition as detailed in the adopted Water Conservation and Emergency Water Demand/Drought Contingency Plan, to upgrade or downgrade the condition, to initiate the appropriate actions as detailed in the adopted Plan, and to terminate the condition when the emergency has ended. (d) Procedures, rules and regulations. The City Manager, or the City Manager's duly appointed representative, shall have the authority to enact and promulgate rules and regulations if necessary to protect health and safety in case of system failure. (e) Posting of procedures; violations. The prescribed procedures to protect the health and safety of the citizens shall be promulgated by posting in three public places within the City of the procedures shall be binding upon all water customers of the North Richland Hills Water System. Any customer violating any posted procedure, limitation or ban shall be deemed guilty of a misdemeanor and fined not in excess of $500.00. Each day the violation shall be a separate offense. (f) Duration of authority. The authority established by this section shall remain in effect until repealed or amended by the city council." SECTION 2: This ordinance replaces and supersedes Ordinance 2830 and shall become effective immediately PASSED AND APPROVED this 8th d Y of APPROVED AS TO CONTENT: Jt1i4 ~--+.¡ Mike rtis, Pu lic Works Director City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan CHAPTER 1 - INTRODUCTION This document outlines the City of North Richland Hills' Water Conservation and Emergency Water Demand Management! Drought Contingency Plan. The objective of the conservation program is to reduce the quantity required for each water using activity, insofar as is practical, through the implementation of efficient water use practices. The Emergency Water Demand Management! Drought Contingency Plan provides procedures for voluntary and mandatory actions to be implemented to temporarily reduce the demand placed upon the City's water supply system during a water shortage emergency. Emergency water demand management procedures include conservation, but may also include prohibition of certain uses. Both programs are tools that the City will have available to operate effectively in all situations. PI ann in a Area and Project Description The planning area is the total area within the city limits of North Richland Hills and Watauga, which is approximately 22.5 square miles. The project is the total water system owned by the Cities of North Richland Hills and Watauga, which distribute potable water to all customers within the planning area. Currently, the population of this service area is approximately 85,000 people. Utilitv Evaluation Date A detailed summary of utility evaluation data is included in Appendix C. Appendix C will be updated annually and submitted to the Fort Worth Water Department in October for the prior one-year period, October 1 through September 30. Proaram Goal The objective of a water conservation plan is to reduce the per capita consumption of water, a finite resource. Many communities throughout the United States have used conservation measures to successfully cope with various water and wastewater problems. Reductions in water use of as much as 25 percent have been achieved, but the normal range is from 5 to 15 percent. As a result of reduced water use, wastewater flows have also been reduced by 5 to 10 percent. It is anticipated that implementation of this Plan will result in a reduction in per capita water consumption. The City of North Richland Hills goal is to reduce per capita water consumption by 1 percent each year until an ultimate goal of 110 gallons per capita per day is met. Page 1 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan The City provides an opportunity for public involvement by the following means: Public Involvement . The City will provide written notice of the proposed plan using the Fort Worth Star Telegram Public Notice page and provide a sample document for review and comment at North Richland Hills Library. . Provide a copy of the plan on the City of North Richland Hills web page with email address for comments. Page 2 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan CHAPTER 2 - WATER CONSERVATION PLAN 1. Utilitv Profile Water System North Richland Hills served approximately 65,000 residents in 2004 with the population expected to exceed 70,000 in 2020. In addition, North Richland Hills provides treated water to the City of Watauga with a current estimated population of 23,800 and is expected to exceed 24,500 by 2020. North Richland Hills purchases treated water from two (2) wholesale providers, the City of Fort Worth and the Trinity River Authority Northern Region and distributes water through a series of five (5) ground storage facilities, and four (4) elevated storage facilities resulting in a total storage capability of 16.5 million gallons and an estimated pumping capacity of 39 million gallons/day (MGD). Table 1-1: 2005 Pumping Capacity Pump Station Station Capability (MGD) 4100 Booth Calloway 5105 Western Center Blvd. 4145 Stanley Keller Rd. 6105 Davis Blvd. 1101 Glade Rd. 8.0 12.0 10.0 .61 9.0 The following page is a map of North Richland Hills and Watauga which comprise the entire service area for North Richland Hills' water distribution system. Wastewater System North Richland Hills' wastewater collection system is comprised of nearly 233 miles of various size and types of sewer mains. The service area is approximately 18.5 square miles and collects an average of 6.2 million gallons per day. All wastewater treatment is performed by the City of Fort Worth or Trinity River Authority Northern Region through contracted wholesale customer service. Page 3 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan NORTH RICHLAND HILLS 1 inch equals approx. 4000 feet t Figure 1-1 Page 4 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan 1.1 Conservation Goals North Richland Hills will implement a combination of different measures that will promote conservation throughout the residential and industrial community. Through distribution of educational and promotional material as well as performing a comprehensive water audit, the City intends to realize a reduction of 1 % per capita per day (GPCD), per year as sought through Senate Bill 1094 and recommended by The Texas Water Conservation Implementation Task Forces. Table 1-2: Table of Conservation Goals NRH Population WatauQa Population Total Population Total Wat. Use (GPCD) Residential Use (GPCD) 2000 55,635 21,908 77,543 148 118 2005 61,000, 23,000 84,000 121 96 2010 65,686 23,800 89,486 115 91 2015 68,532 24,177 92,709 109 86 (The goals projected in the preceding table are based on annual average rainfall and assumed demographic changes.) Currently estimated unaccounted for water ranges from 6-10%. Through detailed water auditing and the Meter Replacement Program the City expects to see a reduction in unaccounted for water. North Richland Hills will continue to promote water conservation techniques through the methods listed below as well as monitor technology for changes and possible implementation of new water saving measures. · Building Requirements as specified in the International Plumbing Code Manual. . Promotion of landscape and design that focuses on vegetation that acclimates well to the weather conditions common to this area such as Texas Smartscape. · Development and distribution of educational material providing various ways to reduce water needs and waste. Page 5 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan 1.2 Meterina Table 1-3 below illustrates the size and distribution of meters throughout North Richland Hills. Table 1-3: Distribution of Meters and Sizes %" 17,517 1 " 1 ,229 1.5" 80 2" 672 3" 59 4" 16 6" 5 Total count = 19,578 Meter Calibration and Replacement North Richland Hills has four (4) main points of entry. Three (3) from the City of Fort Worth and one (1) from Trinity River Authority. Each point of entry contains a master meter that is the property of the wholesale provider and by contract will be tested and calibration insured no less than once per year. Because Watauga is a wholesale customer of North Richland Hills, metering devices are installed at Watauga's points of entry and testing and maintenance is performed by North Richland Hills or testing and calibration services contracted by North Richland Hills. The City currently has a Meter Replacement Program implemented based on replacement of each meter and transponder at least every ten (10) years. In addition to age replacement, meters are also evaluated based on usage. Meters suspected of inaccurately reading are replaced. Meters reading unusually high or low, erratically or not reading any flow are investigated each billing cycle. Physical investigation and replacement helps North Richland Hills monitor and reduce unaccounted for water. In addition, all City owned facilities are metered to insure accuracy when comparing wholesale purchases vs. water distributed and sold. 1.3 System Water Audit North Richland Hills continually performs auditing measures to insure no substantial water losses occur without investigation. Continuous monitoring of unaccounted for water allows the City to work with real information collected each month and determine average percentages of loss. The City will continue to investigate methods for tracking water loss and implement new methods found to be cost effective and more reliable. Page 6 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan 1.4 Public Education North Richland Hills currently provides water conservation tips through the City's monthly newsletter distributed with water bills, on the City's web page and through information provided at the initiation of service. The City will also provide a representative on request for public functions through the school district, homeowners associations and social groups. North Richland Hills will work closely in the future with wholesale water providers and other regional agencies to develop cost-effective public education programs. 1.5 Water Rate Structure The City of North Richland Hills rate structure is provided in Table 1-4 below: Table 1-4: Rate Structure Meter size Minimum Volume (CCF) Minimum Bill Water Rates Water Pass Through %" 1" 2" 4" 6" 267 345 1,300 4,000 10,000 $9.00 $12.60 $46.82 $144.06 $369.29 Minimum charge + 2.45 per 100 cu. ft. over minimum $0.3281 x total consumption As indicated in Table 1-4, this is a non-promotional rate plan and does not encourage excessive water use with reduced rates. North Richland Hills will continue consideration of various rate plans to insure cost- effectiveness and compliance with State regulations. 1.6 Implementation and Enforcement The City has a restrictive plan with quantified goals and bench marks for specific drought stages. Each level of drought contingency provides for escalated enforcement. 1.7 Reservoir Operations Plan This requirement is not applicable to the City of North Richland Hills. 1.8 Reaional Water Plannina Groups As a wholesale customer of Fort Worth and Trinity River Authority, the City of North Richland Hills participates in each entity's short term and long term planning. In addition, North Richland Hills consistently participates in Texas Water Development Board (TRWD) and Regional Water Planning Group (Region C) inquiries and reporting. In addition, a copy of the North Richland Hills Plan has been submitted to both wholesale providers. Page 7 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan Section 2: Additional Conservation Efforts 2.0 Leak Detection and Repair North Richland Hills currently tracks water loss through auditing and visual inspection of the distribution system and facilities. Any suspected leaks that require specialized equipment are located through contractors specializing in this field. The City will continue to monitor industry trends and insure that cost-effective, Best Management Practices are used in prospective conservation efforts. 2.1 Record Management The City has the ability to generate comprehensive class based monthly and annual reports with the current billing system. 2.2 Wholesale Water Supply The City of Watauga is North Richland Hills' only wholesale customer and is contractually obligated to develop and implement a conservation plan that meets applicable TCEQ Water Conservation Plan requirements. The City has provided a copy of its Plan to the City of Watauga. 2.3 Water Conserving Plumbing Fixtures North Richland Hills complies with the U.S. Energy Policy Act of 1992 (Public Law 102-846,106 Stat. 2776, 102D Congress, Oct. 24, 1992) which includes requirements for maximum water use allowed for toilets, urinals, showerheads and faucets. 2.4 Pressure Control and Pressure Reduction The City has recently completed a system operations assessment which included a system pressure study. Collected data will be assembled and evaluated for possible operational adjustments that could reduce pressures subsequently reducing the number of leaks. In addition, pressure reducing valves are being considered for locations within the water system. 2.5 Landscape Water Managements North Richland Hills will continue to actively promote the use of native vegetation for landscaping both public and private consistent with the Texas Smartscape program. 2.6 Annual Audit The City will continue to perform system-wide audits on an annual basis to monitor the effectiveness of implemented measures of the Plan. Page 8 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan Section 3: Wholesale Water Suppliers 3.0 Wholesale Customer Information The City of Watauga is North Richland Hills' only wholesale customer. Watauga used 899.5 million gallons in 2003-04 and is not a wastewater customer of North Richland Hills. NORTH RICHLAND HILLS 1 inoh eq"als 'ppco,. 4000 feet t Page 9 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan 3.1 Conservation Goals The City encourages wholesale customers to develop and implement conservation plans which reduce water use consistent with or within 10% of those developed by North Richland Hills. The City does not expect its wholesale customer to develop a plan that exceeds the plan developed by itself. However, it is expected that wholesale customers actively pursue a reduction in water use through conservation practices. Table 1-5 below reflects the recommended goals for customer cities. Table 1-5: Wholesale Customer Goals Total GPCD By 2010 By 2015 115 109 Residential GPCD 91 86 *Unaccounted for Water 10% 9% * The current method of measurement for unaccounted for water is in percentage lost. However, North Richland Hills is considering other more reliable auditing methods for future analysis. 3.2 Measurement, Monitoring, and Metering The City will maintain records of Watauga's water use and provide monthly readings of all metering devices installed at Watauga's points of entry. 3.3 New Wholesale Contracts North Richland Hills requests that Watauga provide copies of their Water Conservation and Drought Contingency Plans as well as system audit information. This information will be required in any new contracts developed with wholesale customers specified in Texas Administrative Code (TAC), Title 30, Chapter 288. 3.4 Reservoir Operations Plan This section does not apply to the City of North Richland Hills or its customer city. 3.5 Implementation and Enforcement A copy of the ordinance indicating official adoption of the Plan is attached. Page 10 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan Section 4: Coordination 4.0 Coordination with City of Fort Worth, Trinity River Authority (TRA) and Wholesale Customers Appendix A includes letters sent to wholesale customers along with a copy of the Plan. Appendix B includes a copy of the letters sent to the City of Fort Worth and TRA along with this Plan. Page 11 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan CHAPTER 3 - EMERGENCY WATER DEMAND MANAGEMENT/ DROUGHT CONTINGENCY Drought or a number of other uncontrollable circumstances can disrupt normal availability of the City's water supply. Even though the City may have an adequate water supply, the supply could become contaminated, or a disaster could destroy the supply. This chapter summarizes the City's Emergency Water Demand Management! Drought Contingency (EWDM) Plan. EWDM planning is not the same as conservation planning. While water conservation involves implementing permanent water use efficiency or reuse practices, the EWDM plan will establish temporary methods or techniques designed to be used only as long as an emergency exists. The City's EWDM plan will include the following six elements: · Trigger conditions signaling the start of an emergency period. · EWDM measures. · Education and information. · Initiation procedures. · Termination notification actions. · Means of implementation. · Exemptions. · Variance provisions. Triaaer Conditions The City receives a portion of its water from the City of Fort Worth (CFW) and will work with the CFW to establish water restrictions during drought conditions. The establishment of drought trigger conditions for the water supply are to be determined by the Tarrant County Water Control and Improvement District No.1, initially. Trigger conditions will be conveyed by CFW to the City. The City will be notified by telephone and a follow-up letter or facsimile transmission as each drought trigger condition is reached. The notification will include the steps the customer must take. The City may need to implement an emergency water demand management program in lieu of notification by the City of Fort Worth. In such cases, the trigger conditions will be as follows: Stage 1 - Water Watch Daily water demand exceeds 90 percent of the production capacity of the system for three consecutive days or short term deficiencies in the distribution system limit supply capability. Page 12 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan Stage 2 - Water Warning Daily water demand exceeds 95 percent of the production capacity of the system for two consecutive days. Stage 3 - Water Emergency Daily water demand exceeds 95 percent of the production capacity of the system for five consecutive days. Stage 4 - Water Crisis This stage will be initiated in the event of contamination of the water supply, system outage due to the failure or damage of major water system components (e.g., pumps), or if daily water demand exceeds 100 percent of the production capacity of the system for two consecutive days. Emeraency Water Demand Manaaement Measures with Exceptions The City will implement the following measures for each level of severity as required by the CFW or as implemented under its own emergency water demand management program. The measures for each level of severity include the relevant requirements imposed in the preceding level. Staae 1 - Water Watch Goal for Use Reduction This level is intended to raise public awareness of potential water supply issues. Because the nature of this level is voluntary, any identifiable reduction of water use is considered goal achievement. Any or all of the measures listed below may be implemented to achieve this goal. 1. Requests voluntary reductions in water use by customers over cable television and through the news media. 2. Activate an information center and discuss the situation in the news media. 3. Staff will begin a review of the problems that initiated the Stage 1 actions. 4. Notify major 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 no landscape watering between 10 a.m. and 7 p.m. by customers or City. 7. Request City of Watauga adhere to the same restrictions as NRH retail customers. Page 13 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan Staae 2 - Water Warnina Goal for Use Reduction Mandatory restrictions are implemented and enforced in this stage. Therefore, an identifiable reduction of 2% in comparison to the use that would have occurred in the absence of Stage 2 implementation is expected. Continued implementation of all relevant actions from Stage 1 as well as any or all of the following measures may be implemented to achieve Stage 2 goal. 1. Initiate engineering studies to evaluate alternatives should conditions worsen. 2. Continue public information efforts regarding water supply conditions and conversation efforts. 3. Begin mandatory water use restrictions as follows: Prohibit hosing off of paved areas, buildings, or windows; operation of ornamental fountains, swimming pool draining followed by refilling; washing or rinsing vehicles by hose; using water in such a manner as to allow runoff or other water wastes. 4. Limit landscape watering at each service address to once every five days based on the last digit of the address per the schedule below. Request no watering between 10 a.m. and 7 p.m. Last Digit of Address o or 5 1 or 6 2or7 3 or 8 40r9 Allowed Water Dates 5th, 10th, 15th, 20th, 25th, 30th 1~,6~, 11~, 16~,21~,26~ 2nd ¡th 12th 1 ¡th 22nd 2¡th 3~'8~'13~'18~'23~ '28~ 4th' 9th' 14th' 19th' 24th' 29th , , , , , No watering will be allowed on the 31 st. 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 Public Works Director. These restrictions also apply to government facilities. Exceptions: Foundations, azaleas, and new plantings (first year) of trees and shrubs may be watered with a hand held 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 listed in Stage 2 based on their address. Hand held watering by hose or bucket may be done on any day. Restrictions do not apply to any location using groundwater or wastewater effluent for irrigation. 5. Require a reduction by local governments of non-essential water use and a reduction in landscape watering. Page 14 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan 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 commercial, public and private swimming pools that are filled may add water to replace that lost during daily use. 8. Advise City of Watauga of actions being taken by North Richland Hills and require enforcement of like procedures in Watauga. Staae 3 - Water Emeraency Goal for Use Reduction A goal of 5% reduction in the use that would have occurred in the absence of Stage 3 implementation. Continued implementation of Stage 1 and 2 as well as any or all of the following measures may be implemented to achieve Stage 3 goals. 1. Implementation recommended engineering alternatives. 2. Prohibit residential and commercial lawn watering and car washing between the hours of 10 a.m. and 7 p.m. Exception: Restrictions do not apply to any location using groundwater or wastewater effluent for irrigation. 3. Foundations, 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. 4. Golf courses using treated water for grounds watering must adhere to the following schedule: Greens and tee boxes may be 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. 5. Public gardens may water, but NOT between the hours of 10 a.m. and 7 p.m. 6. Nurseries may water plant stock, but NOT between the hours of 10 a.m. and 7 p.m. 7. No new landscaping may be established during this period. 8. No refilling of private pools. Commercial and public pools may refill water lost to normal daily use. 9. Advise City of Watauga of actions being taken by North Richland Hills and require enforcement of like procedures in Watauga. Page 15 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan Staae 4 - Water Crisis Goal for Use Reduction The Stage 4 goal for water use reduction is 10% less than would have occurred in the absence of Stage 3 implementation. Because of the significance of this level, mandatory requirements will be set on wholesales customers. Continued implementation of Stages 1, 2, and 3, as well as any of the following measures may be implemented to achieve the goal of 10% reduction. 1. Prohibit all commercial and residential landscape watering including 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., once every five days based on the last digit of their address per the schedule in Stage 2. b. Public gardens may water, but NOT between the hours of 10 a.m. and 7 p.m., once every five days based on the last digit of their address per the schedule in Stage 2. c. Golf course greens and tee boxes may be watered, but NOT between the hours of 10 a.m. and 7 p.m., once every five days based on the last digit at their address per the schedule in Stage 2. d. Foundations may be watered for a two-hour period, but NOT between the hours of 10 a.m. and 7 p.m. with a soaker or hand-held hose on the five-day rotational basis prescribed for landscaping watering in Stage 2. e. Any location using groundwater or wastewater effluent for irrigation. 2. Any and all washing of vehicles is prohibited, except vehicles that need to be washed for health sanitation or safety reasons, such as food carriers. Any vehicle washing must occur at a commercial car wash or commercial service station with a recirculating water system. 3. No new landscaping may be established during this period. 4. No refilling of private pools. Commercial and public pools may refill water lost to normal daily use. 5. All commercial water users may be required to reduce water consumption by a percentage determined by the Public Works Director. 6. Advise City of Watauga of actions being taken by North Richland Hills and require enforcement of like procedures in Watauga. Page 16 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan Information and Education The purpose and EWDM measures of this plan will be conveyed to the public as a part of and in the same manner as the Plan. When trigger conditions appear to be approaching, the public will be informed through local newspaper articles and/or radio/television broadcasts. Throughout the period of a trigger condition, regular articles and/or broadcasts will be used to inform the public of the current condition and conservation measures for that condition. Initiation Procedures When a trigger condition has been reached and the CFW informs the City that EWDM measures may be necessary, or the City initiates EWDM measures on its own accord, the City Manager or the City Manager's duly appointed representative will order the initiation of a public notification process. The public notification process will include a NOTICE OF DROUGHT CONDITION with proper stage level noted to be posted at the North Richland Hills City Hall and at least two other public places. Termination Notification Termination of the EWDM measures will take place when the trigger conditions which initiated the contingency measures have subsided and/or the CFW informs the City that drought contingency measures are no longer necessary. The public will be informed of the termination in the same manner that they were informed of the initiation of the measures through order of the City Manager or City manager's duly appointed representative. Means of Implementation The City Manager or City Manager's duly appointed representative will be authorized by the City Council to order the initiation of EWDM measures when a drought trigger condition occurs and/or the CFW indicates that such measures are necessary. Variance Provisions 1. The City Manager, or his/her designee, may, in writing, grant temporary variance for existing waste 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 protection for the public or the person requesting such variance and if one or more of the following conditions are met: 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 in effect. Page 17 City of North Rich/and Hills Water Conservation & Emergency Water Demand Management! Drought Contingency Plan b. Alternative methods can be implemented that will achieve the same level of reduction in water use. 2. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of North Richland Hills within 5 days after the Plan for a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or his/her designee, and shall include the following: a. Name and address of the petitioner(s). b. Purpose of water use. c. Specific provision(s) of the Plan from which the petitioner is requesting relief. d. Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or others if petitioner complies with this Ordinance. e. Description of the relief requested. f. Period of time for which the variance is sought. g. 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. h. Other pertinent information. 3. Variances granted by the City of North Richland Hills shall be subject to the following conditions, unless waived or modified by the City Manager, and or his/her designee. 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 specific requirements. 4. No variance shall be retroactive or otherwise justify and any violation of this Plan occurring prior to the issuance of the variance. Page 18