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Home My Public Portal AboutOrdinance No. 1056-06 06-13-2006 • ORDINANCE NO. 1056-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS AMENDING CHAPTER 86 "UTILITIES,"DIVISION 4 "WATER CONSERVATION" OF THE CODE OF ORDINANCES BY ADDING SECTION 86-270 TO BE ENTITLED "LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS," SECTION 86-271 TO BE ENTITLED "RAIN SENSING DEVICES AND FREEZE GAUGES" AND SECTION 86-272 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 Richland Hills 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 RICHLAND HILLS, TEXAS: SECTION 1. That Chapter 86 "Utilities," Division 4 "Conservation" of the Code of Ordinances be and is hereby amended by adding the following Sections 86-270 through 86-272 to read as follows: Sec. 86-270. 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 ifhe 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: (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. 86-271. 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. 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 86-271 (a) through (d) on premises owned, leased, or managed by that person. Sec. 86-272. Variances. (a) The Director of Public Works may grant variances from the provisions of Sections 86-270 or 86-271 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 all existing ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions • of this ordinance are in direct conflict with the provisions of such existing ordinances and code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section 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, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this ordinance in one issue of the official city newspaper as authorized by Section 52.013 of the Local Government Code. 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 THIS 13 DAY OF .TUNE , 2006. ,~'--'"1 ,f F ~ 1VIAYOR `\``1`t~ I l n l n u rrrrir,~~~ \`,,,,.~~~~H~~:ND y~%~~~~i'' ATTESTS , m v : ~ I SUTTE ,CITY SECRETARY • • . , • EFFECTIVE DATE: • ~~~'rrrrnn n rm~~a~`~ AP OVED S O F AND LEGALITY: TIM G. SRALLA, CITY ATTORN W:\Richland Hills\Ordinance\WATER CONSERVATION.wpd • INVOICE ~ nr~tton,y.~~ Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 273134451 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 8/2/06 Federal TaY ID 22-3148254 TCi n1S: VGi C~Ue in 2 i days Due Date: 8/31/06 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 27313445 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Publication Date: 8/2!06 Description Location Col. Depth Linage ~~ILr Rate ~~mount CITY OF RICHLAND HILLS ORDINAN I3580 1 52 52 LINE $0.53 $27.56 .I clrv ot= RICHLAND HILLS oRDI o gcco N°. Net Amount: $27.56 An wdlnance of the City of. Richland Hills amending Chapter 88 Utilities Division 4 "Water conservation" of the Code of Ordi- nances by adding Section 86-270 to be' entitled "Lawn and Landscape Irrigation Restrictions," Section 86-271 to be entitled "Rain. Sensing De- vices and Freeze Gauges" and Section 86-272 to be entitled "Variances": providing that this ordinance shall be cumulative of all ordinances; pro- viding a severabilityl clause; providing a • penalty for violation , _ hereof; providing for ~ i~.'•• CHRISTYL.HOLLAND publication in the of- ficial newspaper and MY COMMISSION EXPIRES providing an effective date. Any person, firm 9~~ tiF;;~~ JUI~ 31, 2008 or corporation who. THE STATE OF TEXAS violates, disobeys,. w:..»~,;..w.,..„,,,~,,,;,~:_;,~ omits neglects or re- County of Tarrant fusee to comply witn or who resists the enforcement of an 'of Before me, a Notary Public i o d ~ ~~~e° shah ~b'e 'and State, , is day personally appeared Lisa Wesselman, Bid and Legal Coordinator fined not more than for the Star-Telegram, publis. rwo thousands Dol- 'am, Inc, at ` rt Worth, in Tarrant ounty, Texas; and who, affer being duly sworn, did depose and say that the ate each offense ~~Each adv Isem t was public ed in e above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAh day that a violation is permitted to exist shall (817) 390-7320 eonsNtute a separate aaafppfense. Passeyed and Rlcphrland Hibiis I Council on June 1 ied SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, August 0 , 2 Note Public ry Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 273134451 • Invoice Amount: $27.56 PO Number: Amount Enclosed: