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ORD 2013-13AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES, ENTITLED "PUBLIC WORKS", ARTICLE IX ENTITLED "DROUGHT CONTINGENCY MEASURES" BY COMBINING EXISTING SECTIONS 9.01 ENTITLED "DECLARATION OF POLICY, PURPOSE, AND INTENT" AND SECTION 9.02 ENTITLED "APPLICABILITY" INTO A NEW SECTION ENTITLED "DECLARATION OF POLICY, PURPOSE, AND INTENT 1 APPLICABILITY"; AND ADOPTING A NEW SECTION NUMBERED AS SECTION 9.02 ENTITLED "POLICY STATEMENT 1 YEAR ROUND WATER MANAGEMENT AND CONSERVATION REQUIREMENTS" PROVIDING FOR A YEAR ROUND WATER MANAGEMENT PLAN APPLICABLE IN THE ABSENCE OF THE DECLARATION OF A DROUGHT STAGE; 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 16, 2013, the Trophy Club Municipal Utility District No. 1 adopted a Water Management and Drought Contingency Plan through the enactment of Resolution No. 2013-0416C (hereinafter "Plan"); and WHEREAS, the Plan provides for mandatory water conservation practices that will be effective year round when a Drought Response Stage is not in effect; 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 the amendments to Chapter 11, "Public Works", Article IX "Drought Contingency Measures" of the Code of Ordinances of the Town of Trophy Club as provided in this Ordinance, NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE • • 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. SECTION 2. AMENDMENT 2.01. Section 9.01 entitled "Declaration of Policy, Purpose and Intent" and Section 9.02, entitled "Applicability" of Article IX, entitled "Drought Contingency Measures" of Chapter 11 entitled "Public Works" of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to renumber and combine those sections in their entirety into a new single Section 9.01 entitled "Declaration of Policy, Purpose and Intent / Applicability" to be and read in its entirety as follows: "9.01 Declaration of Policy, Purpose, and Intent / Applicability. A. Declaration of Policy, Purpose, and Intent. Water uses regulated or prohibited under this Article are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to civil penalties imposed by the Trophy Club Municipal Utility District No. 1 (Town of Trophy Club), and criminal penalties as set forth in this Article. The purpose of the restrictions imposed by this Article is to implement a Drought Contingency Plan to provide for the management of water resources during times of drought and inadequate supply and to: 1. Conserve the available water supply in times of drought and WAN� 2. Maintain supplies for Domestic Water Use, sanitation, and fire protection 3. Protect and preserve public health, welfare, and safety 4. Minimize the adverse impacts of water supply shortages 5. Minimize the adverse impacts of emergency water supply conditions B. Applicability. Upon notification to the Town by either the City of Fort Worth or the Trophy Club Municipal Utility District No. 1 that one or more triggers for that implementation of this Drought Contingency Plan have been met, the provisions of this Article shall become effective. Upon taking effect, the provisions of this Article shall apply to all Persons utilizing potable water within the corporate boundaries and extraterritorial jurisdiction of the Town and provided by or through Trophy Club Municipal Utility District No. 1 or any other source. The provisions of this Article shall apply when Stage 1, Stage 2, or Stage 3 Drought Conditions have been declared to exist as provided in this Article and the regulations contained herein shall supersede other less restrictive Town ordinances and regulations related to water Conservation during such times of drought or water shortage. The provisions of this Article shall not apply to locations serviced by treated wastewater effluent or private wells. 2.02. Article IX, entitled "Drought Contingency Measures" of Chapter 11 entitled "Public Works" of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to add a new Section 9.02 entitled "Policy Statement / Year Round Water Management and Conservation Requirements" which is hereby adopted and shall be and read in its entirety as follows: 9.02. Policy Statement / Year Round Water Management and Conservation Requirements. A. Policy Statement. The Town recognizes the need to promote water conservation as part of an overall strategy for future planning efforts. Water conservation practices can extend the life of existing infrastructure, extend the timing for new infrastructure, and reduce the need for added water supply. Extending the time for infrastructure upgrades allows for more stable rates which lessen the economic impact to Customers. Based upon the known benefits of water conservation, the Town has determined it appropriate to implement a year-round water management plan as provided in this Section allowing for three (3) day per week outdoor irrigation for all Customers. B. Year Round Water Management Plan and Conservation Requirements. Until notification of the declaration of Stage 1, Stage 2, or Stage 3 Drought conditions exist as required by this Article, Customers shall perform outdoor watering only in accordance with the following schedule and pursuant to the following regulations: 1. Odd Addresses: Tuesday/Thursday/Saturday 2. Even Addresses: Wednesday/Friday/Sunday 3. Irrigation of all types, including without limitation irrigation by in -ground sprinkler systems or by portable sprinkling devices, is prohibited on Mondays. 4. Watering with a sprinkler or irrigation system is prohibited between the hours of 10:00 a.m. and 6:00 p.m. every day. 5. Watering with a soaker hose or drip irrigation is allowed at any time or on any day except Mondays. 6. Watering with a hand-held hose or hand-held bucket may be done at any time on any day. 7. 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 9.09 of this Article. SECTION 3. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting Water Conservation and Drought Contingency 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 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof 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 this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. I : 14 04 Ell The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. mg4flo-IM, EV40E-11mcd 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 8. 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. SECTION 9. 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 20th day of May, 2013. kftnjo� z A' my 4Piu inRMC; Town Secretary Town of Trophy Club, Texas Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Z K2,Z Mayor, Connie White Town of Trophy Club, Texas Um