Item 6D
M 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 937-B, AN AMENDMENT TO THE INTERNATIONAL
RESIDENTIAL CODE ORDINANCE NO. 937, 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.
937-B
Background
Information:
Ordinance 937 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 residential installations as required by Chapter 401 of the
Texas Local Government Code and rules adopted by 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.
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2006 International Residential Code Amendment
ORDINANCE NO. 937-B
AN ORDINANCE AMENDING THE 2006 EDITION OF THE
INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY
, AS PREVIOUSLY ADOPTED, IN ORDER TO ESTABLISH
DWELLINGS
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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
That the International Residential Code for One- and Two-Family Dwellings,
2006 Edition, published by the International Code Council, is hereby amended by
adding section P2609 as follows:
P 2609. 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
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materials for buildings and structures within the City which have accrued at the time of
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:_________________________
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