Item 4FCity of Southlake, Texas
M E M O R A N D U M
September 18, 2007
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
st
Subject:Ordinance No. 699-A, 1 Reading, Repeal Ordinance 699 and Amend
the City of Southlake Cross Connection Ordinance. (if approved at
first reading, the public hearing will held on October 2, 2007)
Action
st
Requested:
Ordinance No. 699-A, 1 Reading, Repeal Ordinance 699 and Amend the
City of Southlake Cross Connection Ordinance.
Background
Information:
In 1998, the City of Southlake adopted Ordinance 699 pursuant to TAC
30, Section 290, Regulations for Public Drinking Water Systems. That
ordinance set in place the means for identifying and isolating potential
cross connections to the public water system which could present a hazard
to the public water supply. That isolation is accomplished with the
installation of one of several types of backflow prevention assemblies.
Depending on the degree of hazard, some of these assemblies are required
to be tested annually to insure that they continue to function properly.
As adopted, Ordinance No. 699 requires that all such assemblies be tested
when they are installed by an individual licensed by the State and
registered with the City. It assumed that subsequent annual testing of
assemblies could be accomplished by City staff. It is neither practical nor
possible with existing city staff to test and repair/replace all the devices
that fall in to this category.
In order to fully comply with State Drinking Water Regulations,
Ordinance 699A will place the responsibility of the annual assembly
testing on the property owner, manager or tenant. City environmental
staff will maintain records required by the state regulations and insure that
annual testing is performed by State licensed individuals.
Financial
Considerations:
None.
Citizen Input/
Board Review:
None
Legal
Review:
The City Attorney has reviewed proposed Ordinance No. 699-A
Alternatives:
The City Council may approve or deny this Ordinance No. 699-A on First
Reading.
Supporting
Documents:
Ordinance No. 699-A
Staff
st
Recommendation:
ApproveOrdinance No. 699-A, 1 Reading, Repeal Ordinance 699 and
Amend the City of Southlake Cross Connection Ordinance.
Staff
Contact:
Robert H. Price, P.E., Public Works Director
Chuck Kendrick, Deputy Director of Public Works - Operations
ORDINANCE NO. 699-A
AN ORDINANCE REPEALING ORDINANCE 699 AND ADDING
CHAPTER 19, ARTICLE VI TO THE CODE OF ORDINANCES;
PROVIDING FOR THE REGULATION OF CROSS
CONNECTIONS AS DEFINED BY THE STATE REGULATORY
AGENCY; 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 MANNER
AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas (“the City”) is a home rule city acting under its
power 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 Texas Commission on Environmental Quality (TCEQ) Rules and
Regulations for Public Water Supply Systems state that no water connection from any
public drinking water supply system shall be allowed to any residence or establishment
where an actual or potential contamination hazard exists unless the public water facilities
are protected from contamination.
WHEREAS, the City Council deems that it is necessary to adopt these regulations as to
promote the health, safety, and welfare of the citizens of the City and the public in
general.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
Ordinance No. 699 is hereby repealed and Chapter 19 “Utilities” of the Code of
Ordinances is amended by adding Article VI “Cross Connections” to read as follows:
ARTICLE VI
“CROSS CONNECTIONS”
Section 19-204. Definitions
The following definitions shall apply to this article:
Approved backflow prevention assembly (or Backflow assembly or assembly)
means the assembly to counteract back pressure or prevent back siphonage. This
assembly must appear on the list of approved assemblies issued by the City of Southlake.
Atmospheric Vacuum Breaker (or AVB) means a device that contains a float
check, a check seat, and air inlet. When water pressure is reduced to a negative pressure
of zero, air enters the AVB, preventing back siphonage.
Auxiliary supply means any water source or system other tan the public water
system that may be available in the building or on any property.
Backflow means the flow in the direction opposite to the normal flow; or the
introduction of any foreign liquids, gases, or substances into the public water system.
Backflow assembly tester (tester) is a person who is certified by the state
regulatory agency to test backflow prevention assemblies and who is registered with the
City.
Backpressure means any elevation of pressure in the downstream piping system
(by any means) above the supply pressure at the point of consideration which would
cause, or tend to cause, a reversal of the normal direction of flow and the introduction of
fluids, mixtures, or substances from any source other than the intended source.
Backsiphonage means the flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply system from any source other than its
intended source caused by a sudden reduction of pressure in the potable water supply
system.
Boresight means providing adequate drainage for backflow prevention assemblies
installed in vaults through the use of an unobstructed drainage pipe.
Contamination means the presence in or entry into a pubic water supply system of
any physical, chemical, biological, or radiological substance that would present an
unreasonable risk to health; a high hazard.
Cross connection means any physical arrangement in which a potable water
supply is actually or potentially connected with any non-potable water system, used water
system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir,
plumbing fixture, swamp cooler, air conditioning unit, fire protection system, or any
other assembly that may be capable of imparting contamination to the public water
system as a result of backflow. Cross connections include bypass arrangements, jumper
connections, removable sections, swivel or change over assemblies, or other temporary or
permanent assemblies through which, or because of which, backflow may occur.
Degree of hazard means the low or high hazard classification that shall be
attached to all actual or potential cross-connections.
(1)Health hazard shall mean an actual or potential threat of
contamination of a physical or toxic nature to the public potable water
system or the consumer's potable water system that would be a danger to
health.
(2)High hazard shall mean the classification assigned to an actual or
potential cross-connection that potentially could allow a substance that
may cause illness or death to backflow into the potable water supply.
(3)Low hazard shall mean the classification assigned to an actual or
potential cross-connection that potentially could allow a substance that
may be objectionable but not hazardous to one's health to backflow into
the potable water supply.
(4)Plumbing hazard shall mean an internal or plumbing-type cross-
connection in a consumer's potable water system that may be either a
pollutional or a contamination-type hazard.
(5)Pollution hazard shall mean an actual or potential threat to the
physical properties of the water system or the potability of the public or
the consumer's potable water system but which would not constitute a
health or system hazard, as defined by the Maximum degree of intensity of
pollution which the potable water system could be degraded under this
definition would cause a nuisance or be aesthetically objectionable or
could cause damage to the system or its appurtenances.
(6)System hazard shall mean an actual or potential threat of severe
danger to the physical properties of the public or consumer's potable water
supply or of a pollution or contamination that would have a detrimental
effect on the quality of the potable water in the system.
Director means the director of the Public Works or his designee assigned to
enforce and administer this article.
Double Check Detector Assembly ( or DCDA) means a mechanical protection
assembly consisting of two approved double check valves assembled in parallel,
equipped with a bypass meter to detect small loss of water.
Double check valve backflow prevention assembly (or double check valve
assembly or DC) means an assembly that consists of two independently operating check
valves which are spring –loaded or weighted. The assembly comes complete with a gate
valve on each side of the checks, as well as test cocks to test the checks for tightness.
Drinking water means water distributed for human consumption, for use in
preparing food or beverages, or for use in cleaning a utensil or article used in preparing or
consuming food or beverages by human beings.
Fireline tester is a tester who is employed by a state-approved fireline contractor
and is qualified to test backflow prevention assemblies on fire lines only.
Human consumption means uses by humans in which water can be ingested into
or absorbed by the human body.
In-plant protection means the appropriate backflow prevention at the point of
hazard to protect one or more actual or potential cross connections within a premise.
Mobile unit means any operation which may have the potential to introduce
contaminants into a potable water system from a mobile source. These include, but are
not limited to, carpet-cleaning vehicles, water-hauling vehicles, street-cleaning vehicles,
liquid-waste vehicles, power-wash operations and pest-control vehicles.
Non-residential use includes all uses not specifically included in “residential use.”
Non potable water means water not fit for drinking, personal use, or culinary
utilization.
Plumbing code means the Plumbing Code adopted by ordinance by the City.
Point-of-use isolation assembly means the appropriate backflow prevention within
a consumer’s water system at a point at which a cross connection exists.
Pollutant means polluted water, dredge spoil, solid waste, incinerator residue,
sewage (including sewage from boats), garbage, sewage sludge, munitions, chemical
wastes, biological materials, toxic materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural
waste. “Pollutant” shall not mean sewage sludge, rock, sand, dredged spoil, or cellar dirt
when said material is used by the City for fill or reuse.
Pollution means an impairment of the quality of the public potable water system
which does not create a hazard, but does effect the aesthetic quality of the water; a low
hazard.
Potable water means water conforming in bacteriological and chemical quality to
the requirements of the Federal Safe Drinking Water Act.
Premise isolation means the appropriate backflow prevention at the service
connection between the public water system and the water user.
Pressure Vacuum Breaker (or PVB) means an assembly with a check valve and
an independently operating air inlet valve and test cocks and is designed to protect
against back siphonage.
Reduced pressure principle backflow prevention assembly (or RP or RPZ) means
an assembly containing two independently operating check valves together with a
hydraulically-operated, mechanically independent pressure differential relief valve
located between the check valves and at the same time below the first check valve.
Reduced pressure principle detector backflow prevention assembly (or reduced
pressure detector or RPDA) means an assembly composed of a line-size approved
reduced pressure principle assembly with a bypass containing a specific water meter and
an approved reduced pressure principle backflow prevention assembly. The meter shall
register accurately for very low rates of flow.
Regulatory Authority means any municipal officer or department of the city
appointed by the director to administer this article.
Residential use means single family dwellings, duplexes, multiplex housing, and
apartments where the individual units are each on a separate meter; or in cases where two
or units are serviced by one meter, the units are full-time dwellings.
Service connection means the point of delivery up to and including water meters
through which the public water system furnishes water to the user.After this point the
water purveyor looses control of the water.
State regulatory authority is the state’s agencies which have authority to adopt
and enforce rules necessary to carry out its powers and duties under the laws of Texas.
Used water means water supplied by a public water system to a water user’s
system after it has passed through the service connection.
Section 19-241. Purpose
Pursuant to Title 30, Texas Administrative Code, Section 290.44, 290.46, or as
amended, and the 2003 International Plumbing Code, or as amended, it is the
responsibility of the City of Southlake to protect its drinking water supply by instituting
and enforcing a cross connection program. The purpose of this article, therefore, is to
comply with the above-cited regulatory requirements, and to protect the water supply of
the City of Southlake from contamination or pollution due to cross connections.
Section 19-242. Backflow assembly -- Inspection and minimum requirements
(a) A certified plumbing inspector employed by or under contract with the city shall
determine the type and location of backflow assembly to be installed within the city’s
water service area.
(b) At a minimum, a backflow prevention assembly shall be required in each of the
following circumstances:
(1)When the nature and extent of any activity at a premise, or the materials used
in connection with any activity at a premise, or materials stored at a premise,
could contaminate or pollute the potable water supply.
(2)When a premises has one or more cross connections as the term is defined in
this section.
(3)When internal cross connections are present that are not correctable.
(4)When intricate plumbing arrangements are present that make it impractical to
ascertain whether cross connections exist.
(5)When premises has a repeated history of cross connections being established
or re-established.
(6)When materials are being used such that, if backflow should occur, a health
hazard could result.
(7)When installation of an approved backflow prevention assembly is deemed
necessary to accomplish the purpose of these regulations.
(8)When an appropriate cross connection survey report form has not been filed
with the director.
(9)Any used water-return system that has received approval from the director.
(10)If a point-of-use assembly has not been tested or repaired as stipulated in this
article, the installation of a reduced pressure principle assembly will be required
at the service connection.
(11)If an inspector determines that additions or rearrangements have been made
to the plumbing system, without the proper permit as required by the plumbing
code, premises isolation shall be required.
(12)All multi-story commercial or industrial buildings with a booster pump or
elevated storage tank.
(13)When entry to the premises is restricted so that inspections for cross
connections cannot be made with sufficient frequency to assure that cross
connections do not exist.
(14)On properties which have auxiliary water supply.
(c) A person commits an offense if the person owns or is in control of any premises
and knowingly fails to install and maintain backflow prevention assemblies on said
premises as required by this section.
(d) A person commits an offense if the person owns, operates, or manages any
premises and backflow from the premises enters the public water supply system.
Section 19-243. Same – Installation requirements
(a) Backflow prevention assemblies shall be installed in accordance with the
following requirements, to ensure their proper operation and accessibility:
(1)Backflow prevention assemblies shall be installed in accordance with
the plumbing code, and this division. The assembly installer shall obtain the
required plumbing permits prior to installation and shall have the assembly
inspected by a certified cross-connection inspector and as required by the
plumbing code.
(2)All backflow prevention assemblies shall have met completely the
laboratory and field performance specifications of the Foundation for Cross-
Connection Control and Hydraulic Research of the University of Southern
California.
(3)No part of a reduced pressure principle backflow prevention assembly
shall be submerged in water or installed in a location subject to flooding. If a
double check valve assembly is installed in a vault, brass plugs shall be
maintained in the test ports at all times and adequate drainage shall be provided.
(4)Assemblies shall be installed at the point of delivery of the water
supply, before any branch in the line, and on private property located just inside
the boundary of the city's right-of-way. An inspector may specify other areas for
installation of the assembly.
(5)The assembly shall be protected from freezing and other severe weather
conditions.
(6)All backflow prevention assemblies shall be of a type and model
approved by the director.
(7)All vertical installations shall be approved in writing by the director
prior to installation.
(8)The assembly shall be readily accessible with adequate room for
maintenance and testing. Assemblies two (2) inches and smaller shall have at least
a six-inch clearance on all sides of the assembly. All assemblies larger than two
(2) inches shall have a minimum clearance of twelve (12) inches on the back side,
twenty-four (24) inches on the test cock side, twelve (12) inches below the
assembly and thirty-six (36) inches above the assembly. "Y" pattern double check
valve assemblies shall be installed so that the checks are horizontal and the test
cocks face upward.
(9)If the director grants written permission to install the backflow assembly
inside of a building, the assembly shall be readily accessible during regular
business hours.
(10)If an assembly is installed pursuant to subsection (a)(8), and is four (4)
inches or larger and is installed five (5) feet or higher above the floor, it shall be
equipped with a rigidly and permanently installed scaffolding acceptable to the
director. This installation shall also meet all applicable requirements set out by the
U.S. Occupational Safety and Health Administration and the State of Texas
occupational safety and health laws.
(11)RP assemblies may be installed in a vault only if relief valve discharge
can be drained to daylight through a boresight type drain. The drain shall be of
adequate capacity to carry the full rated flow of the assembly and shall be
screened on both ends.
(12)An approved air gap shall be located at the relief valve orifice of RP
assemblies. This air gap shall be at least twice the inside diameter of the incoming
supply line as measured vertically above the top rim of the drain and in no case
less than one (1) inch.
(13)Upon completion of installation, the property owner shall notify the
director to test and inspect the assemblies. The property owner shall register all
backflow assemblies with the director. Registration shall consist of date of
installation, manufacturer, model, serial number of the backflow prevention
assembly, and initial test report.
(b) A person commits an offense if the person installs a backflow prevention
assembly in violation of this section.
Section 19-244. Same -- Access for inspection required
(a) Every person provided water service by the City directly or indirectly shall permit
the regulatory authority to enter their premises and buildings for the purpose of
inspecting pipes, fixtures, and the manner in which the water is used to determine
compliance with this article.
(b) If access is denied to premises for inspection by the regulatory authority, a
reduced pressure principle assembly will be required at the service connection to the
premises.
(c) Any temporary, or permanent, obstruction to the safe and easy access to the
premises for the purposes of this article shall be promptly removed. The costs of clearing
such access shall be borne by the property owner or controller.
Section 19-245. Same – Installation in right of way
(a) No person shall install or maintain a backflow prevention assembly upon a right-
of-way belonging to the City except as provided by this section.
(b) A backflow prevention assembly required by this article may be installed upon or
within the City right-of-way only if the owner proves to Southlake that there is no other
feasible location for installing the assembly, and installing it in the right-of-way will not
interfere with the traffic or utilities. Southlake retains the right to review and approve the
location, height, depth, enclosure, and other requisites of the assembly prior to its
installation.
(c) Any assembly or portion of an assembly that extends aboveground shall be
located no closer than thirty-six (36) inches to the back of the curb.
(d) A property owner shall, at the owner’s sole expense, relocated a backflow
prevention assembly, which encroaches upon any city right-of-way when such relocation
is necessary for street or utility construction or repairs or for purposes of public safety.
Section 19-246. Cross connections prohibited
Any person who owns or controls any residential property which has been determined to
have an actual or potential cross-connection will be required to eliminate the actual or
potential cross-connection or have an approved backflow assembly installed in
accordance with this article.
Section 19-247. Elimination of thermal expansion required
It is the responsibility of any person who owns or controls property to eliminate the
possibility of thermal expansion if a closed system has been created by the installation of
a backflow assembly.
Section 19-248. Backflow assembly – registration required
Each backflow prevention assembly located on property subject to this division shall be
registered with the regulatory authority.
Section 19-249. Same – annual inspections required
(a) Any person who owns or controls property on which one or more backflow
assemblies are installed shall cause to be inspected and tested all assemblies once
annually except as provided in subsection (b) below;
(b) Low hazard conditions in each of the following circumstances:
(1)Any assembly at commercial property;
(2)Any other assembly where the director has deemed an actual or
potential system hazard as defined in this section.
(3)Immediately after installations;
(4)Whenever the assembly is moved;
(5)Immediately after repairs.
(c) All assemblies tested shall be performed by a certified backflow prevention
assembly tester, approved by the regulatory authority.
(d) Duly authorized employees of the City bearing proper credentials and
identification are entitled to enter any public or private property at any reasonable time
for the purpose of enforcing this article. Persons and occupants which are provided water
service by the City, either directly or indirectly, shall allow the City or their
representatives ready access at any reasonable times to all parts of the premises for the
purpose of inspection, testing, records examination, or in the performance of any of their
duties.
(e) The City shall not be liable for damage to a backflow prevention assembly that
occurs during testing.
(f) The regulatory authority may cause a water use survey to be conducted at any
commercial establishment located in the City which is served by a public water supply or
which provides water to the public. Upon determination by the regulatory authority that
the commercial establishment falls under the provisions of this article and requires a
backflow prevention assembly, the regulatory authority shall issue a notice to abate the
condition or order the commercial establishment to install the proper backflow prevention
assembly.
(g) All results from assembly testing by a certified backflow prevention assembly
tester shall be placed on a form that can be purchased by the tester from the City for a fee.
Section 19-250. Inspection required prior to water service connection
(a) Pursuant to the state authority water system regulations, a customer service
inspection for cross connection shall be completed by the regulatory authority prior to
providing continuous water service in each of the following circumstances:
(1)Water service to a newly constructed facility or previously
nonexistent premises;
(2)After any material improvement to buildings or premises;
(3)Any correction or addition to the plumbing of any facility or
premises served by the City;
(4)The regulatory authority deems it necessary.
(b) Permanent water service shall not be supplied to a new construction facility(ies)
until after the customer service inspection is completed.
Section 19-251. Reduction on water pressure
Any reduction in water pressure caused by the installation of a backflow assembly is not
the responsibility of the City.
Section 19-252. Responsibilities of property owner
(a) Any person who owns or controls property is responsible:
(1)For the installation, testing, and repair of all backflow assemblies
on their property.
(2)All costs associated with installation, testing and repair of
assemblies on their property.
(3)To have all assemblies tested in accordance with this article.
Assemblies may be required to be tested more frequently if the regulatory
authority deems necessary.
(4)Maintain all backflow prevention assemblies in proper working
order at all times, including repair as required.
(5)Maintain all backflow prevention assemblies in a manner which
allows them to be tested by a method that has been approved by the
regulatory authority.
(6)Maintain all records related to backflow prevention assembly
installation, testing, and repair on the premises for a minimum of three (3)
years.
Section 19-253. Backflow prevention assembly tester
A certified backflow prevention assembly tester shall comply with the following
requirements:
(1)Annually register with the regulatory authority and pay the
required fee.
(2)Register backflow prevention assemblies as required by this
section.
(3)Maintain testing equipment in proper working
condition/calibration.
(4)Maintain the design or operation characteristics of an assembly.
(5)Ensure that devices are tested according to accepted industry
practice and state regulatory authority regulations.
(6)Enter required testing data, legibly and that all blanks are
completed fully and accurately, on cross-connection test forms obtained
from the regulatory authority.
(7)Report test results to the regulatory authority within ten (10) days
of testing.
(8)Provide a copy of the completed test report to the property owners
and/or persons in charge of any premises.
(9)Maintains testing and/or repair records for a minimum of three (3)
years.
(10)Test of irrigation systems shall certify that rain/freeze sensors are
in working order.
Section 19-254. Same – Registration requirement
(a) No certified backflow assembly tester shall operate within the City without first
registering with the regulatory authority and paying all appropriate fees.
(b) A registration shall remain in effect, provided the tester maintains eligibility for
registration and certification as defined in the article and the backflow prevention
assembly tester’s registration is not revoked by the director.
(c) A backflow prevention assembly tester shall renew his/her registration with the
regulatory authority annually. Each applicant shall:
(1)provide proof of the state regulatory authority’s certification;
(2)Provide proof of completed confined-space entry training as
specified by OSHA in 29 CFR 1910.146, or as amended;
(3)provide proof that testing equipment is able to maintain a
calibration of plus or minus 0.2 psid accuracy;
(4)and pay an annual, nonrefundable tester registration fee to be set
by the city council.
(b) The regulatory authority will maintain a current list of licensed testers, which will
be made available to facilities that may need testers to perform their annual testing.
(c) The director may revoke a registration if he/she determines that the tester:
(1)Has made false, incomplete, or inaccurate assembly testing reports;
(2)Has used inaccurate gauges;
(3)Has used improper testing procedures;
(4)Has expired insurance;
(5)Is not in compliance with safety regulations;
(6)Has failed to register the serial numbers of his/her test kits, or
failed to calibrate gauges as required by this article;
(7)Has failed to maintain a current certification with the state
regulatory agency;
(8)Has violated any other provision of this article.
Section 19-255. Penalty
(a) The violation of any provision of this ordinance shall be deemed an offense and
punishable by a fine not exceeding $2,000.00, and each violation, and each day on which
there is a failure to comply with the terms of this division shall be and is hereby declared
to be a distinct and separate offense and punishable as such.
(b) If the director determines that a violation of this section is or might pose a threat
to public health or the environment the director may cause for water services to be
terminated until a resolution has been made.(is this a reason water can be disconnected)
(c) Any person, firm, or corporation who obstructs, impedes, or interferes with a
representative of the City or with a representative of a City department, is guilty of a
misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the
Code of Ordinances of the City of Southlake, or any amendment thereto or renumbering
thereof, for violations of public health for each act of violation and for each day of violation.
(d) In addition to proceeding under authority of subsections (a) and (b) of this section,
the City is entitled to pursue all criminal and civil remedies to which it is entitled under
authority of statutes or other ordinances against a person, firm, or corporation that remains
in violation of this article.
Section 19-256. Administrative liability
(a) No officer, agent, or employee of the City shall be personally liable for any damage
that may accrue to persons or property as a result of any act required or permitted in the
discharge of such person's duties under this article.
(b) Any suit brought against any officer, agent, or employee of the City as a result of any
act required or permitted in this discharge of such duties under this article shall be defended
by the City Attorney until the final determination of the proceedings therein.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Southlake, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 3.
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 4.
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 curfew 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 5.
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 6.
The City Secretary of the City of Southlake is hereby directed to publish caption,
penalty clause, and effective date clause in any manner allowed by law least once within
ten (10) days after the passage of this ordinance.
SECTION 7.
This Ordinance shall be in full force and effect form and after its passage and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ____ day of
__________________, 2007.
_____________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of
_________________, 2007.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY