Item 7ACity of Southlake, Texas
MEMORANDUM
July 18, 2006
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Ordinance No. 895, 2 nd Reading, Approve a Water Conservation
Ordinance per contractual obligation with the City of Fort Worth.
Action
Requested: Ordinance No. 895, 2n Reading, Approve a Water Conservation
Ordinance per contractual obligation with the City of Fort Worth.
Background
Information: On May 15, 2006, the Ft. Worth water department gave notice to
Southlake that their city council had adopted a water conservation
ordinance. 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 attached ordinance will satisfy our contractual obligation with
respect to water conservation. The key elements include:
• 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.
This ordinance will go into effect, assuming it is approved, 10 days after
the final publish date.
Financial
Considerations: None at this time
Citizen Input/
Board Review: None
Legal
Review: City Attorney had reviewed and approved this Ordinance.
Alternatives: The City Council may approve or deny this Ordinance.
Supporting
Documents: Water Conservation Ordinance
Staff
Recommendation: Adoption of the Water Conservation Ordinance.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Chuck Kendrick, Public Works Operations Manager
ORDINANCE NO. 895
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING CHAPTER 19 "UTILITIES ", ARTICLE H "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.
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(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.
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.
Sec. 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,
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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.
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 Rill force and effect from and after its passage and publication as required by
law, and it is so ordered.
PASSED AND APPROVED ON THIS DAY OF 2006.
MAYOR
ATTEST:
CITY SECRETARY