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0895OFFICIAL RECORD ORDINANCE NO. 895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 19 "UTILITIES", ARTICLE II "WATER", DIVISION 3 "WATER CONSERVATION" OF THE CODE OF ORDINANCES BY ADDING SECTIONS 19-62 TO BE ENTITLED "LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS", SECTION 19-63 TO BE ENTITLED "RAIN SENSING DEVICES AND FREEZE GUAGES" AND SECTION 19-64 TO BE ENTITLED "VARIANCES"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that conservation of water and protection of water supplies are in the best interest of its citizens; and WHEREAS, the City Council having previously adopted a water conservation plan incorporated into the Code of Ordinances; and WHEREAS, securing future water supplies will require proving to state permitted agencies that existing water supplies are being used efficiently. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. That Chapter 19 "Utilities", Article II "Water", Division 3 "Water Conservation" of the Code of Ordinances be and is hereby amended by adding the following Sections 19.62 through 19.64 to read as follows: Sec. 19-62. Lawn and landscape irrigation restrictions (a) Except for hand watering and the use of soaker hoses, a person commits an offense if a person irrigates, waters, or causes or permits the irrigation of watering of any lawn or landscape located on premises owned, leased, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m. during the period from June 1 through September 30 of any 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 or precipitation. (c) A person commits an offense if, on premises owned, leased, or managed by that person, he operates a lawn or landscape irrigation system or device that: (05/26/06) Page I of 3 (1) has any broken or missing sprinkler head; or (2) has not been properly maintained in a manner that prevents the waste of water. Sec. 19-63. Rain sensing devices and freeze gauges. (a) Any commercial or industrial customer class irrigation system installed within the City on or after June 1, 2006 must be equipped with rain and freeze sensors. (b) Any commercial or industrial customer class irrigation system installed before June 1, 2006 may not be operated after June 1, 2007 without being equipped with rain and freeze sensors. (c) The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the City's Backflow and Cross -connection Control Program adopted by Ordinance 699. All rain and freeze sensors for commercial class lawn irrigation systems shall under go annual inspection and testing. (d) Any residential customer class irrigation system installed within the City on or after June 1, 2007 must be equipped with rain and freeze sensors. (e) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or permit the installation of or the operation of, an irrigation system in violation of subsections 19-63 (a) through (d) on premises owned, leased, or managed by that person. See.19-64. Variances. (a) The Director of Public Works may grant variances from the provisions of Sections 19-62 or 19-63 to persons demonstrating extreme hardship and need as determined by the Director of Public Works and only under the following conditions: (1) The applicant must sign a compliance agreement on forms provided by the Director of Public Works, 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 or other persons must not be adversely affected by granting the variance. (b) The Director of Public Works may revoke a variance granted when the Director determines that: (1) the conditions of subsection (a) are not being met or are no longer applicable; (2) the terms of the compliance agreement are being violated; or (3) the health, safety or welfare of other persons requires revocation." SECTION 2. This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of Southlake, and other applicable City ordinances, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the applicability of the conflicting provisions of such ordinances are hereby repealed as they relate to the Property. (05/26/06) Page 2 of 3 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 section, paragraph, sentence, clause, or phrase 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 sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. 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 Two Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake, Texas. SECTION 6. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordered. PASSED AND APPROVED ON FIRST READING ON THIS 20th DAY OF June, 2006. ,t,,, Andy Wambs ss, MAYOR ATTES Gpurl/L� ,, r •o. • • CI SECRETARY - • R► ' ``ww O v r_ •VJ i s PASSED AND APPROVED ON SECOND READING ON THIS 18th DAY OF July, 2006. !!i Andy Warn anss, MAYOR uuPun `*A4L�..��' ��• oars•• •®! •,�� ,s C Y SECRETARY m G q riwss �' nrOaroso•°• `�� 6per�01 P1777\\\ INVOICES Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 272617491 FORT WORTH, TX 76102 RECEIVED Invoice Date: 7/21/06 (817) 390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days AUG - 8 2006 Due Date: 7/31/06 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST OF CITY SECRETARY Order Number: 27261749 STE 440 OFFICE Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Descri *;one CITY OF SOUTHLA p Attn LEE Sx EIR Publication Date: 7/21/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 73 73 LINE S0.8 l9.13 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public for the Star -Telegram, publi: depose and say that the ai LEGAL DEPT. STAR TELEGRAP (817) 390-7320 SUBSCRIBED AND SWORN T 4ny person, firm or corporation who vio- lates, disobeys, omits, neglects or refuses to comply with or who . Net Amount: $59.13 '¢i'•�'Ytirt:. C HRISTY L. HOLLAND MY COMMISSION EXPIRES July31,2008 and State, day personally appeared Lisa Wesselman, Bid and Legal Coordinator cim, Inc at F Worth, in Tarrant County, Texas; and who, after being duly sworn, did adverti�em t as published in e above named paper on the listed dates: BIDS & I1 July 25, a violation is permitted jululy r-uvnK- to exist shall consti- tute a separate of- fense. PASSED AND AP - Thank You For You1 PROAYHIJULDY — — — — — — — — — — - REGULAR DURING CITY — — — — COLINCIL MEETING. MAYOR: Andy Wambeganas ATTEST: Lori Farwell,' City Secretary Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 272617491 Invoice Amount: $59.13 PO Number: NO PO Amount Enclosed: $ INVOICE r1,"� ,. : Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 271568591 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/23/06 Federal Tax ID 22-3148254 J U L 1 0 2006 Terms: Net due in 21 days Due Date: 6/30/06 Bill To: OFFICE OF CITY SECRETARY PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 27156859 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn LAURAL . SLEZACK Publication Date: 6/23/06 Description Location Co I i CITY OF SOUTHLAKE Notice is he 13580 1 86 86 LINE $0.81 $69.66 OF SOUTHLAKE Notice Is hereby given by the City Council of the City of Southlake, Net Amount: $69.66 Texas,.that a public hearing will be held on July 18, 2006, at 5:00 p.m. or immedi- ately following the Work Session,during the Regular City Council meeting to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas.Purpose of the public hearing is to consider the second reading of the fol- lowing ordinance: ORDINANCE NO. 895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEX- AS, AMENDING + a CHAPTER 19 ?t�'- ,,st CHRISTY L.HOLLAND UTILITIES" ARTI- i~: �'F MY COMMISSION EXPIRES CLE II "WATER" _ THE STATE OF TEXAS DIVISION 3 "WATER N;, .�. �fr- July31,2008 CONSERVATION" Q,,, OF THE CODE OF County of Tarrant ORDINANCES BY r ADDING SECTIONS 19-62 TO BE ENTI- TLED "LAWN AND Before me,a Notary Public i LANDSCAPE o RI- G 1 and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram,publisl RESTRICTIONS ECTIO I CT II sa Td ram, Inc.at .rt Worth, in Tarra County,Texas;and who, after being duly sworn,did depose and say that the all BE ENTITLED "RAIN I adve sem: was published' the above named paper on the listed dates: BIDS& SENSING DEVICES LEGAL DEPT. STAR TLEGRAM AND FREEZE I GUAGES" AND (817) 390-7320 SECTION 19-64 TO BE ENTITLED VIDINGNTHAT THIS �4 1 ' ORDINANCE SHALL led 4,/� BE CUMULATIVE OF ALL ORDINANCES; SUBSCRIBED AND SWORN TC PROVIDING A SEV- ERABILITY CLAUSE;inesday,June 8, S 46. PROVIDING A PEN- ALTY FOR VIOLA- / TIONS HEREOF,* ' / �'j f�'��_ PROVIDING FOFN Dry Public id/. .� . . , ,� i . PUBLICATION IN THE OFFICIAL NEWSPAPER AND FECTIVENDATE EF- Thank You For Your i Any SpEisiCsiOr?,Nfs;lin or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this Or- dinance shall be fined not more than Two Remit To: Star-Telegra) Thousand Dollars Customer ID: CIT57 ($2000.00) for each P.O. BOX 9( offense.Each that aviolatlon is permitted Customer Name: CITY OF SOUTHLAKE to exist shall consti- FORT WOR fete a separate of- City "of Southlake -2051 Invoice Number: 271568591 Lon Farwell City Secretary _ Invoice Amount: $69.66 PO Number: NO PO Amount Enclosed: $