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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: T k:5 titi I 141 1k),Ar / Holly Fi •res, Town Secretary G Town of rophy Club, Texas * #114, to Y 1 , A4% 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