ORD 2008-05TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES,
ENTITLED PUBLIC WORKS; ARTICLE VIII, ENTITLED, LAWN AND
LANDSCAPE IRRIGATION CONSERVATION, BY AMENDING
SECTION 8.01 (A) RESTRICTIONS, MANDATING YEAR-ROUND
WATERING AND IRRIGATION RESTRICTIONS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) PER DAY AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PUBLICATION
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Trophy Club Master District contracts with the City of Fort Worth
to provide water to the residents of Trophy Club Municipal Utility District No. 1 and
Trophy Club Municipal Utility District No. 2; and
WHEREAS, the Town of Trophy Club provides enforcement of regulations
relative to water use and conservation; and
WHEREAS, on Tuesday December 4, 2007„ the Fort Worth City Council
amended their water conservation plan through the enactment of Ordinance No. 17901-
12-2007("Water Conservation Plan"); and
WHEREAS, the Water Conservation Plan limits year round the daily watering to
between the hours of 10:00 a.m. and 6:00 p.m., ; and
WHEREAS, the City of Fort Worth, as a contracting party with the Trophy Club
Master District, has requested that the Master District and the Town adopt and enforce
this amended Water Conservation Plan; 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; and
WHEREAS, the Town Council finds that conservation of future water supplies
requires efficient use of existing water supplies; and
WHEREAS, in order to protect public health, safety and welfare, the Town
Council has determined it necessary and appropriate to adopt the amended Water
Conservation Plan outlined in this Ordinance in order to allow enforcement of the Water
Conservation Plan.
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.
SECTION 2.
AMENDMENT
Article VIII, entitled "Lawn and Landscape Irrigation Conservation" of Chapter 11 of the
Code of Ordinances of the Town of Trophy Club, Texas, so that Section 8.01, subsection (A),
"Restrictions" is hereby amended to be and read in its entirety as follows:
"Section 8.01 Restrictions
A. Except for hand watering and the use of soaker hoses, a person shall not irrigate,
water, or cause or permit the irrigation or watering of any lawn or landscape
located on premises owned, leased, controlled, or managed by that person
between the hours of 10:00 a.m. and 6:00 p.m."
SECTION 6.
CUMULATIVE REPEALER
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 any such ordinance on the date of
adoption of this Ordinance or under such portion of any other Ordinance incorporating
water conservation regulations shall continue to be governed by the provisions of such
Ordinances and for that purpose the Ordinances shall remain in full force and effect.
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting water
conservation which have secured 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 8.
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.
SECTION 9.
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 hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 10.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the ordinance records of the Town.
SECTION 11.
PUBLICATION
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 State law and
Town Charter.
SECTION 12.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 4th day of February, 2008,
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
T�ATown Attorne
A oy �/
Town of Trophy Club, Texas
Mayor, Nick Sanders
Town of Trophy Club, Texas
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