0895OFFICIAL RECORD
ORDINANCE NO. 895
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 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.
(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:
(05/26/06) Page I of 3
(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.
See.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,
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.
(05/26/06)
Page 2 of 3
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 full force and effect from and after its passage and publication as required by
law, and it is so ordered.
PASSED AND APPROVED ON FIRST READING ON THIS 20th DAY OF June, 2006.
,t,,, Andy Wambs ss, MAYOR
ATTES Gpurl/L� ,,
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CI SECRETARY - • R► '
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PASSED AND APPROVED ON SECOND READING ON THIS 18th DAY OF July, 2006.
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Andy Warn anss, MAYOR
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INVOICES
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
272617491
FORT WORTH, TX 76102
RECEIVED
Invoice Date:
7/21/06
(817) 390-7761
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
AUG - 8 2006
Due Date:
7/31/06
Bill To:
PO Number:
NO PO
CITY OF SOUTHLAKE
1400 MAIN ST
OF CITY SECRETARY
Order Number:
27261749
STE 440
OFFICE
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Descri *;one
CITY OF SOUTHLA
p
Attn LEE Sx EIR Publication Date: 7/21/06
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 73 73 LINE S0.8 l9.13
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public
for the Star -Telegram, publi:
depose and say that the ai
LEGAL DEPT. STAR TELEGRAP
(817) 390-7320
SUBSCRIBED AND SWORN T
4ny person, firm or
corporation who vio-
lates, disobeys, omits,
neglects or refuses to
comply with or who .
Net Amount: $59.13
'¢i'•�'Ytirt:. C HRISTY L. HOLLAND
MY COMMISSION EXPIRES
July31,2008
and State, day personally appeared Lisa Wesselman, Bid and Legal Coordinator
cim, Inc at F Worth, in Tarrant County, Texas; and who, after being duly sworn, did
adverti�em t as published in e above named paper on the listed dates: BIDS &
I1
July 25,
a violation is permitted jululy r-uvnK-
to exist shall consti-
tute a separate of-
fense.
PASSED AND AP -
Thank You For You1 PROAYHIJULDY
— — — — — — — — — — -
REGULAR DURING
CITY — — — —
COLINCIL MEETING.
MAYOR: Andy
Wambeganas
ATTEST: Lori Farwell,'
City Secretary
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID: CIT57
Customer Name: CITY OF SOUTHLAKE
Invoice Number: 272617491
Invoice Amount: $59.13
PO Number: NO PO
Amount Enclosed: $
INVOICE r1,"� ,. :
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 271568591
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 6/23/06
Federal Tax ID 22-3148254 J U L 1 0 2006 Terms: Net due in 21 days
Due Date: 6/30/06
Bill To: OFFICE OF CITY SECRETARY PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 27156859
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn LAURAL . SLEZACK Publication Date: 6/23/06
Description Location Co I i
CITY OF SOUTHLAKE Notice is he 13580 1 86 86 LINE $0.81 $69.66
OF SOUTHLAKE
Notice Is hereby given
by the City Council of
the City of Southlake, Net Amount: $69.66
Texas,.that a public
hearing will be held
on July 18, 2006, at
5:00 p.m. or immedi-
ately following the
Work Session,during
the Regular City
Council meeting to be
held in the City
Council Chambers of
Town Hall,1400 Main
Street, Southlake,
Texas.Purpose of the
public hearing is to
consider the second
reading of the fol-
lowing ordinance:
ORDINANCE NO.
895
AN ORDINANCE OF
THE CITY COUNCIL
OF THE CITY OF
SOUTHLAKE TEX-
AS, AMENDING + a
CHAPTER 19 ?t�'- ,,st CHRISTY L.HOLLAND
UTILITIES" ARTI- i~: �'F MY COMMISSION EXPIRES
CLE II "WATER" _
THE STATE OF TEXAS DIVISION 3 "WATER N;, .�. �fr- July31,2008
CONSERVATION" Q,,,
OF THE CODE OF
County of Tarrant ORDINANCES BY r
ADDING SECTIONS
19-62 TO BE ENTI-
TLED "LAWN AND
Before me,a Notary Public i LANDSCAPE o RI-
G 1 and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegram,publisl RESTRICTIONS
ECTIO I CT II sa Td ram, Inc.at .rt Worth, in Tarra County,Texas;and who, after being duly sworn,did
depose and say that the all BE ENTITLED "RAIN I adve sem: was published' the above named paper on the listed dates: BIDS&
SENSING DEVICES
LEGAL DEPT. STAR TLEGRAM AND FREEZE I
GUAGES" AND
(817) 390-7320 SECTION 19-64 TO
BE ENTITLED
VIDINGNTHAT THIS �4 1 '
ORDINANCE SHALL led 4,/�
BE CUMULATIVE OF
ALL ORDINANCES;
SUBSCRIBED AND SWORN TC PROVIDING A SEV-
ERABILITY CLAUSE;inesday,June 8, S 46.
PROVIDING A PEN-
ALTY FOR VIOLA- /
TIONS HEREOF,* ' / �'j f�'��_
PROVIDING FOFN Dry Public id/. .� . . , ,� i .
PUBLICATION IN
THE OFFICIAL
NEWSPAPER AND
FECTIVENDATE EF-
Thank You For Your i Any SpEisiCsiOr?,Nfs;lin or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to
comply with or who
resists the enforce-
ment of any of the
provisions of this Or-
dinance shall be fined
not more than Two
Remit To: Star-Telegra) Thousand Dollars Customer ID: CIT57
($2000.00) for each
P.O. BOX 9( offense.Each that
aviolatlon is permitted Customer Name: CITY OF SOUTHLAKE
to exist shall consti-
FORT WOR fete a separate of-
City
"of Southlake -2051 Invoice Number: 271568591
Lon Farwell
City Secretary _ Invoice Amount: $69.66
PO Number: NO PO
Amount Enclosed: $