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Item 4ECity of Southlake, Texas M E M O R A N D U M June 3, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 895-A, 1st Reading, approve amendment to the City of Southlake Water Conservation Ordinance, per contractual obligation with the City of Fort Worth. Action Requested: Ordinance No. 895-A, 1st Reading, approve amendment to the City of Southlake Water Conservation Ordinance, per contractual obligation with the City of Fort Worth. Background Information: In 2006, the Council adopted Ordinance 895 which implemented the water conservation measures described below. In accordance with the uniform wholesale water contracts, all customer cities must adopt and implement an ordinance with the same scope and intent as those conservation measures adopted by the City of Ft. Worth. The key elements included: • Prohibition on outdoor watering from 10 a.m. to 6 p.m. June 1 to September 30, except with a hand held hose or soaker hose. • New non-residential irrigation systems installed after the effective date of the ordinance must include rain and freeze sensors. • Existing non-residential irrigation systems must include rain and freeze sensors by June 1, 2007. • Non-residential irrigation systems must have the rain and freeze sensors inspected annually. • New residential irrigation systems installed on or after June 1, 2007 must include rain and freeze sensors. • Prohibitions on wasting water. The City of Ft Worth has recently amended these requirements to make the 10 a.m. to 6 p.m. prohibition year-round. The amendment also allows for the assessment of an administrative fee for violations of the restrictions if such fee is approved by the city council at a later date. The City of Ft. Worth has not established a fee at this time. The City of Southlake will continue its water conservation education efforts. No administrative fee is recommended at this time. Financial Considerations: None at this time Citizen Input/ Board Review: None Legal Review: None. Alternatives: The City Council may approve or deny this Ordinance. Supporting Documents: Water Conservation Ordinance, Ord. 895-A Staff Recommendation: Adoption of Amended Water Conservation Ordinance. Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Public Works Operations Manager ORDINANCE NO. 895-A 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; 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 19.65 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. (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: (1) has any broken or missing sprinkler head; or (2) has not been properly maintained in a manner that prevents the waste of water. (d) Affirmative Defenses (1) It shall be an affirmative defense to prosecution of an offense in section 19-62 (a) that at the time such person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape, such activity was for the purpose of: (A) establishing hydro mulch, grass sod, or grass seed; (B) dust control of a sports field; or (C) for the maintenance repair or testing of an irrigation system. (e) It shall be an exception to prosecution of an offense in this section, if a person who irrigates, waters, or causes or permits the irrigation or watering does so by use of an alternative source such as a well, reclaimed or reused water, or water from the Trinity River if that person has: (1) Registered such alternative water source with the City; (2) Provided sufficient proof to the director that the alternative water source is from a well, reclaimed or reused water or from the Trinity River and has allowed inspection by the director if deemed necessary; and (3) Complied with the City’s Cross-connection control program. 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 properly working 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 properly working 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-A. All rain and freeze sensors for commercial class lawn irrigation systems shall under go annual inspection and testing concurrent with Section 19-249. (d) Any residential customer class irrigation system installed within the City on or after June 1, 2007 must be equipped with properly working 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. Sec. 19-64. Administrative Fee. (a) The Director of Public Works may assess an administrative fee, in addition to any criminal penalty assesses for a violation of this Article as described below. Each day that a violation occurs shall constitute a separate violation. (1) In-ground irrigation system violations. (A) The Director or his designee may install a locking device on a double check valve to the irrigation system found to be operating in violation of this Article and may assess an administrative fee as approved by City Council. (B) Notice shall be left on the premises to advise the owner/operator that the double check valve to the irrigation system has been turned off; and (C) Notice shall also be sent by the United States Postal Service to the person recorded as the city’s water customer notifying that person that the irrigation system has been turned off and locked. The notice shall also state the amount of the assessed administrative fee, if any, and the procedure to request a hearing to contest the assessment of the administrative remedy. (1) Violations for systems without double check valves on in-ground irrigation systems. (A) The Director or his designee shall leave on the premises to advise the owner/operator that the system is being operated in violation of watering restrictions and that an administrative fee may be assessed as approved by the City Council. (B) Notice shall also be sent by the United States Postal Service to the person recorded as the city’s water customer notifying that person that the irrigation system is being operated in violation of watering restrictions and that an administrative fee may be assessed. The notice shall also state the amount of the assessed administrative fee, if any, and the procedure to request a hearing to contest the assessment of the administrative remedy. (1) It shall be unlawful for any person to tamper with, cause damage to or remove a locking device placed on a check valve by the Director or his designee. (b)A person assessed an administrative fee who wishes to re-establish service to the irrigation system is required to make payment of the assessed fee. (c) A person may request a hearing to protest the assessment of an administrative fee. To request a hearing, the person must make the request in person to the Public Works Department within fifteen (15) business days from the date on the written notice of violation. If a locking device was installed, it shall remain in place until the conclusion of the hearing and payment of any required fee unless the removal is ordered by the Director. (d) The Director of Public Works or his designee shall act as the hearing officer. The Director shall evaluate all information offered by the petitioner at the hearing. The petitioner making the request for a hearing shall bear the burden of proof to show by a preponderance of the evidence, why the administrative fee should not be assessed. The hearing officer will provide a decision at the time of the time of the hearing or within three (3) business days following the conclusion of the hearing. (e)Payment of any fees assessed at the hearing must be made within seven (7) business days of the decision from the hearing. Any fees not paid within this time limit shall be added to the customer’s next water bill. (f)A person may elect to pay the administrative fee without requesting a hearing. Any fees not paid within fifteen (15) business days from the date of the written notice shall be added to the customer’s next water bill. (g)The locking device will be removed by the Director or his designee within three (3) business days after payment is received from the customer. Sec. 19-65. 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.” (c)The governmental use of water for essential services such as police, fire, and emergency services which are necessary to preserve or protect the health, safety, and welfare of the citizens of Southlake are exempt from any and all restrictions or mandates set forth in this Article. SECTION2. 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. SECTION3. 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. SECTION4. 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. SECTION5. 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. 6. SECTION 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. ST READING ON THIS _____ DAY OF ________________, 2008. PASSED AND APPROVED ON 1 ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY ND PASSED AND APPROVED ON 2 READING ON THIS _____ DAY OF ________________, 2008. ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _______________________________________ CITY ATTORNEY