ORD 2017-15 MUD water conservation and drought response TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING A NEW SECTION 1.10.031, "AUTHORITY" OF PART I, "IN
GENERAL" OF DIVISION 2, "WATER CONSERVATION AND
DROUGHT RESPONSE", OF ARTICLE 1.10, "ENVIRONMENTAL
PROTECTION" OF CHAPTER 1, "GENERAL PROVISIONS" OF THE
TOWN OF TROPHY CLUB CODE OF ORDINANCES TO DELEGATE
JURISDICTION AUTHORITY OVER THE WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN AND AMENDING
SUBSECTION (B) OF SECTION 1.10.092, "POLICY STATEMENT;
YEAR-ROUND WATER MANAGEMENT AND CONSERVATION
REQUIREMENTS", AND ADOPTING A NEW SUBSECTION (A)(6) OF
SECTION 1.10.096, "RESTRICTIONS DURING STAGE 1" OF PART III,
"DROUGHT CONTINGENCY PLAN" OF DIVISION 2, "WATER
CONSERVATION AND DROUGHT RESPONSE", OF ARTICLE 1.10,
"ENVIRONMENTAL PROTECTION" OF CHAPTER 1, "GENERAL
PROVISIONS" OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCES TO DELEGATE JURISDICTION AUTHORITY OVER THE
WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN AND
TO MATCH YEAR-ROUND WATER CONSERVATION AND
MANAGEMENT REQUIREMENTS SET FORTH BY THE CITY OF FORT
WORTH AND THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.
1 DROUGHT CONTINGENCY & EMERGENCY WATER MANAGEMENT
PLANS; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Trophy Municipal Utility District No. 1 contracts with the City of
Fort Worth to provide Water to the residents of Trophy Club; and
WHEREAS, the Town of Trophy Club provides enforcement of regulations
relative to water use and conservation; and
WHEREAS, on April 8, 2014, the City of Fort Worth adopted Ordinance No.
21194-04-2014 revising their Drought Contingency and Emergency Water Management
Plan (hereinafter "Plan") to mandate twice per week watering and irrigation to closely
resemble Stage 1 watering restrictions; and
WHEREAS, on April 22, 2014, the Trophy Club Municipal Utility District No. 1
adopted a Drought Contingency and Emergency Water Management Plan through the
enactment of Resolution No. 2014-0422A (hereinafter "Plan") to mandate twice per
week watering and irrigation to closely resemble Stage 1 water restrictions; and
WHEREAS, both of these plans also include the restriction of irrigation systems
operating during precipitation or when temperatures are at or below 32 degrees
Fahrenheit; and
WHEREAS, the Town Council recognizes the crucial public health and safety
issues that will arise if there is a shortage of Water, including but not limited to the
inability to effectively fight fires, and further recognizes the need to be proactive to
conserve water resources by adopting a Plan to manage and conserve water; and
WHEREAS, the Town Council finds that the adoption of year-round watering
restrictions is necessary to safeguard the supply of water to the residents of the Town
and to protect the public health, safety, and welfare; and
WHEREAS, in order to protect public health, safety and welfare, the Town
Council has determined it necessary and appropriate to adopt new Section 1.10.031,
"Authority" of Part I, "In General" of Division 2, "Water Conservation and Drought
Response", of Article 1.10, "Environmental Protection" of Chapter 1, "General
Provisions" of the Town of Trophy Club Code of Ordinances to delegate jurisdiction
authority over the water conservation and drought contingency plan as provided in this
Ordinance; and
WHEREAS, in order to protect public health, safety and welfare, the Town
Council has determined it necessary and appropriate to adopt amendments to
Subsection (b) of Section 1 .10.092, "Policy statement; year-round water management
and conservation requirements" and the adoption of Subsection (a)(6) of Section
1.10.096, "Restrictions during Stage 1" of Part III, "Drought Contingency Plan" of
Division 2, "Water Conservation and Drought Response", of Article 1.10, "Environmental
Protection" of Chapter 1, "General Provisions" of the Town of Trophy Club Code of
Ordinances to match year-round Water Conservation and Management Requirements
set forth by the City of Fort Worth and the Trophy Club Municipal Utility District No. 1
Drought Contingency & Emergency Water Management Plans as provided in this
Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
ORD2017-15 Page2of7
SECTION 2.
AMENDMENTS
2.01 Section 1 .10.031, "Authority" of Part I, "In General" of Division 2, "Water
Conservation and Drought Response", of Article 1.10, "Environmental Protection" of
Chapter 1, "General Provisions" of the Town of Trophy Club Code of Ordinances is
hereby adopted to delegate jurisdiction authority over the water conservation and
drought contingency plan to be and read in its entirety as follows:
'CHAPTER 1 GENERAL PROVISIONS
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
Division 2. Water Conservation and Drought Response
Part I. In General
Section 1.10.031 Authority
This Ordinance applies when the Town has jurisdiction over the area. Nothing in
this Ordinance will supersede any requirement of Jurisdiction or contractual
authority of Trophy Club Municipal District No. 1 ."
2.02. Section 1.10.092, "Policy statement; year-round water management and
conservation requirements" of Part III, "Drought Contingency Plan" of Division 2, "Water
Conservation and Drought Response", of Article 1 .10, "Environmental Protection" of
Chapter 1, "General Provisions" of the Town of Trophy Club Code of Ordinances is
hereby amended to match year-round Water Conservation and Management
Requirements set forth by the City of Fort Worth and the Trophy Club Municipal Utility
District No. 1 Drought Contingency & Emergency Water Management Plans to be and
read in its entirety as follows:
"CHAPTER 1 GENERAL PROVISIONS
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
Division 2. Water Conservation and Drought Response
Part III. Drought Contingency Plan
Section 1.10.092 Policy statement; year-round water management and
conservation requirements
(b) Year-round water management plan and conservation requirements. Until
notification of the declaration of stage 1, stage 2, or stage 3 drought conditions
ORD2017-15 Page3of7
exist as required by this part, customers shall perform outdoor watering only in
accordance with the following schedule and pursuant to the following regulations:
(1) No watering on Mondays
(2) Commercial addresses: Tuesdays and Fridays
(3) Residential Odd-numbered addresses: Thursday and Sunday
(4) Residential Even-numbered addresses: Wednesday and Saturday.
(5) Irrigation of all types, including without limitation irrigation by in-ground
sprinkler systems or by portable sprinkling devices, is prohibited on
Mondays.
(6) Watering with a sprinkler or irrigation system is prohibited between the
hours of 10:00 a.m. and 6:00 p.m. every day.
(7) Watering with a soaker hose or drip irrigation is allowed at any time or on
any day except Mondays.
(8) Watering with a handheld hose or handheld bucket may be done at any time
on any day.
(9) For the first thirty (30) days after hydro mulch, grass sod, or grass seed is
installed for the purpose of establishing a new lawn, there shall be no
restrictions on watering. Upon demand by town, documentation of the date
of installation shall be provided by customer. On the thirty-first day after
installation, all watering restrictions provided in this section shall apply. This
exception does not apply to over-seeding with rye where turf already exists.
Violations of the year-round water management requirements set forth in this
section are enforceable under section 1.10.094 of this part."
2.03. Subsection (a)(6) of Section 1.10.096, "Restrictions during Stage 1" of Part III,
"Drought Contingency Plan" of Division 2, "Water Conservation and Drought Response",
of Article 1.10, "Environmental Protection" of Chapter 1, "General Provisions" of the
Town of Trophy Club Code of Ordinances is hereby adopted to match year-round Water
Conservation and Management Requirements set forth by the City of Fort Worth and
the Trophy Club Municipal Utility District No. 1 Drought Contingency & Emergency
Water Management Plans to be and read in its entirety as follows:
"CHAPTER 1 GENERAL PROVISIONS
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
Division 2. Water Conservation and Drought Response
Part III. Drought Contingency Plan
Section 1.10.096 Restrictions during Stage 1
ORD 2017-15 Page 4 of 7
(a) Prohibited conduct. Upon declaration that Stage 1 drought conditions are in effect,
mandatory restrictions to prohibit nonessential water use shall become effective. It
shall be unlawful for a person to engage in any one or more of the acts listed
below. No person shall:
(1) Cause or allow the hosing of paved areas, such as sidewalks, driveways,
parking lots, tennis courts, patios, or other impervious surfaces, except to
alleviate an immediate health or safety hazard;
(2) Cause or allow the hosing of buildings or other structures for purposes other
than fire protection or surface preparation prior to painting;
(3) Use water in such a manner as to allow runoff or other waste, including:
(A) Failure to repair a controllable leak, including a broken sprinkler head, a
leaking valve, leaking or broken pipes, or a leaking faucet, within
twenty-four (24) hours after the leak occurred;
(B) Operating a permanently installed irrigation system with:
(i) A broken head;
(ii) A head that is out of adjustment and the arc of the spray head is
over a street or parking lot; or
(iii) A head that is misting because of high water pressure;
(C) During irrigation, allowing water to:
(i) Run off a property and form a stream of water in a street for a
distance of fifty feet (50') or greater; or
(ii) Pond in a street or parking lot to a depth greater than one-quarter
of an inch;
(4) Cause or allow outdoor watering with sprinklers or irrigation systems between
the hours of 10 a.m. and 6 p.m. daily; or
(5) Cause or allow landscape watering with sprinklers or irrigation systems at any
service address more than two (2) times per week and/or on a day other than
that specified for such service address in the schedule provided below:
(A) Residential addresses ending in an even number (0, 2, 4, 6, or 8) may
water on Wednesdays and Saturdays.
(B) Residential addresses ending in an odd number (1, 3, 5, 7, or 9) may
water on Thursdays and Sundays.
(C) All nonresidential locations (apartment complexes, businesses,
industries, parks, medians, etc.) may water on Tuesdays and Fridays.
This prohibition applies to landscape watering of parks, golf courses,
and sports fields. Notwithstanding the foregoing, commercial customers
are excepted as specifically set forth below.
(6) Cause or allow an irrigation system or other lawn watering device to operate
during any form of precipitation or when temperatures are at or below 32
degrees Fahrenheit."
ORD 2017-15 Page 5 of 7
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting setting
Fee Schedules and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which
prior to the effective date of this Ordinance has been initiated or has arisen under or
pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council hereby declares it would have passed
such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as required by the Town Charter and state law.
ORD 2017-15 Page 6 of 7
SECTION 8.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 25th day of July 2017.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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Holly Fi •res, Town Secretary G
Town of rophy Club, Texas * #114,
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APP'OVE i OAS FORM:
i
J. 'avid o VIII, own Attorney
T• n of Trophy Club, Texas
ORD 2017-15 Page 7 of 7