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Item 6CM E M O R A N D U M November 20, 2008 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Director of Planning and Development Services Subject: ORDINANCE NO 934-B, AN AMENDMENT TO THE INTERNATIONAL PLUMBING CODE ORDINANCE NO. 934, as amended, as it pertains to the requirements for the installation of lawn irrigation systems within the City of Southlake. Action Requested: Consider second-reading approval of the proposed Ordinance No. 934-B Background Information: Ordinance 934 currently regulates the connection of lawn irrigation systems to protect the City water supply. This amendment will establish minimum standards for irrigation systems to conserve water for non-residential installations required by Chapter 401 of the Texas Local Government Code and rules adopted by the TCEQ. First reading was approved November 18, 2008. Financial Considerations: Additional Staff time for Plan Review and Inspections to be offset by permit fee increase from $50.00 to $100.00. Citizen Input/ Board Review: None Legal Review: This ordinance has been reviewed by the City Attorney. Alternatives: 1)Approve as presented. 2) Approve with modification. 3)Deny the request. Supporting Documents: The proposed ordinance amendment is attached. Staff Recommendation: Approve the ordinance as proposed. Page 1 2006 International Plumbing Code Amendment ORDINANCE NO. 934-B AN ORDINANCE AMENDING THE 2006 EDITION OF THE , AS PREVIOUSLY ADOPTED, IN INTERNATIONAL PLUMBING CODE ORDER TO ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE AND PERMIT FEES THEREFOR; PROVIDING FOR RECORDING OF SUCH CODE AS A PUBLIC RECORD PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 of the City of Southlake, Texas has determined that water conservation and environmental protection are important issues and concerns affecting the city; and WHEREAS , properly-installed irrigation systems will conserve water, help avoid wasteful use, and improve the overall quality of life for the citizens of Southlake, Texas; and WHEREAS, during the 2007 legislative session, the Texas Legislature adopted House Bill 1656; and WHEREAS, House Bill 1656 amended Chapter 401 of the Texas Local Government Code to require a city with a population of 20,000 or more to regulate the installation of irrigation systems within the corporate limits of the city as well as the city’s extraterritorial jurisdiction; and WHEREAS, the provisions herein are necessary to promote and protect the health, safety, and welfare of the public by creating an urban environment that is protective of the city’s water supply and provides an enhanced quality of life for the citizens of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Page 2 SECTION 1 That the International Plumbing Code, 2006 Edition, published by the International Code Council, is hereby amended by adding section 315 as follows: 315. Landscape Irrigation. Minimum Standards for Landscape Irrigation Systems. The landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapters E and F, §§344.50-344.65TEXAS ADMINISTRATIVE CODE, as the same may be from time to time amended, are hereby adopted by reference as the landscape irrigation rules of the City. SECTION 2 The city council hereby establishes the fee for a permit for each irrigation system to be $100.00. This fee may be amended by resolution of the city council in a schedule of fees. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are, severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($ 2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City which have accrued at the time of Page 3 the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8 The CitySecretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law but not before January 1, 2009, and is so ordained. Passed And Approved On First Reading On This Day Of , 2008. __________________________________MAYOR _ ATTEST:__________________________CITY SECRETARY Passed And Approved On Second Reading On This Day Of , 2008. ___________________________ MAYOR ATTEST:_________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _____________________________________ City Attorney Date EFFECTIVE:_________________________ Page 4