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HomeMy WebLinkAboutOrdinances (O-06-1579)-07/18/2006 ORDINANCE 0-06-1579 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING CHAPTER 98, ARTICLE II REGARDING WATER SERVICE AND WATER CONSERVATION; PROVIDING FOR A DROUGHT CONTINGENCY PLAN; DECLARING AN EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, there currently exists a drought situation in North Texas which, drought threatens the availability of a continuous and reliable potable water supply; and WHEREAS, the City of Colleyville has been asked by the Trinity River Authority to adopt drought contingency provisions in order to better manage the precious resource of potable water; and WHEREAS, in the absence of this Ordinance, the City of Colleyville may not be able to adequately protect its potable water supply, to ensure its availability for both regular and emergency consumption; and WHEREAS, all legal prerequisites for the passage of this Ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, the current drought situation and the inadequate regulations to respond to such a drought represent an emergency pursuant to Section 3.12 of the City Charter; and WHEREAS, City Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the above premises are found to be true and correct and are herby incorporated into the body of this ordinance by reference as if copied in their entirety herein. Sec. 2. THAT Chapter 98, Article II of the Code of Ordinances is hereby amended with the addition of the following: Sec. 98-44 LAWN AND LANDSCAPE IRRIGATION CONSERVATION Lawn and Landscape Irrigation Restrictions. a. Except for hand watering and the use of soaker hoses, a person commits an offense if he knowingly or recklessly irrigates, waters, causes or permits the irrigation or watering of any lawn or landscape Ordinance 0-06-1579 Page 2 of 5 located on premises owned, leased or managed by that person between the hours of 10:00 am and 6:00 pm at any time during the year. b. A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a manner that causes: 1. a substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or 2. an irrigation system or other lawn or landscape watering device to operate during any form of precipitation. c. A person commits an offense if, on premises owned, leased or managed by that person, he knowingly or recklessly operates a lawn or landscape irrigation system or device that: 1 . has any broken or missing sprinkler heads; or 2. has not been properly maintained in a manner that prevents the waste of water. d. The City Manager or his designee may mandate a two (2) day per week watering schedule based on the following watering zones and attached as Exhibit "A". 1 . Zone "A" is north of Colleyville Boulevard and west of Pleasant Run Road. Tuesday and Friday 2. Zone "B" is north of Glade Road and east of Pleasant Run Road. Wednesday and Saturday 3. Zone "C" is east of Colleyville Boulevard and south of Glade Road. Thursday and Sunday Ordinance 0-06-1579 Page 3 of 5 Sec. 98-45 Rain and Freeze Sensing Devises a. Any commercial or industrial customer class irrigation system installed within the City on or after August 1, 2006, must be equipped with rain and freeze sensors. b. The potable water supply to lawn irrigation systems shall be protected against backflow in accordance with the City's Backflow and Cross-connection Control Program. All rain and freeze sensors for commercial customer class lawn irrigation systems shall under go annual inspection and testing concurrent with schedules associated with the requirements of Ordinance 0-98- 1133. c. Any residential customer class irrigation system installed within the City on or after August 1, 2006, must be equipped with rain and freeze sensors. Sec. 98-46 Variances a. The City Manager or his designee may grant variances from the provisions of this Article as outlined below: 1. The applicant must sign a compliance agreement form provided by the City Manager or his designee, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance. 2. Granting of a variance must not cause an immediate significant reduction in the City's water supply. 3. The extreme hardship or need requiring the variance must relate to the health, safety or welfare of the person requesting it. 4. The health, safety or welfare of the other persons must not be adversely affected by granting the variance. b. The City Manager or his designee may revoke a variance granted when the City Manager determines that: Ordinance 0-06-1579 Page 4 of 5 1. the conditions of subsection (a) are not being met or are no longer applicable, or 2. the terms of the compliance agreement are being violated; or 3. the health, safety or welfare or other persons requires revocation. Sec. 97-47 Exemptions a. The City Manager or his designee shall grant exemptions to private water wells used for irrigation after a visual inspection by the City. b. The City Manager or his designee may grant exemptions to newly installed lawns or landscapes for up to six weeks. Sec. 3. Declaration of Emergency Pursuant to Section 3.12 of the Charter. The fact that the present ordinances and regulations of the City of Colleyville, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Sec. 4. Penalty Clause 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 two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The reading and public hearing being conducted on the 5th day of July 2006. ATTEST: 1!;1~!A~ Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~ \n. ~ Matthew C.G. 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