OR 98-838 Revise Daily Water Conservation Plan AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 98838
AN ORDINANCE OF THE CITY OF COPPELL,
TEXAS, AMENDING CHAPTER 3, SECTION 3-1-12 OF
THE CODE OF ORDINANCES BY AMENDING THE
DAILY WATER CONSERVATION PLAN; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
~RED DOLLARS ($200.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. That Chapter 3, Section 3-1-12 of the Code of Ordinances
of the City of Coppell, Texas, be, and the same is hereby amended in part to read
as follows:
"Sec. 3-1-12 DAILY WATER CONSERVATION PLAN
All persons using water for lawn watering, garden watering, or irrigation
during the period of May 15 to September 15 of each year shall do so in
the following manner:
A. Phase I (Non-emergency state)
1) All water customers south of Sandy Lake Road must
conduct all lawn watering, garden watering, or irrigation
on Sundays, Tuesdays and Thursdays.
2) All water customers north of Sandy Lake Road must
conduct lawn watering, garden watering, or irrigation on
Saturdays, Tuesdays and Thursdays.
3) All irrigation of the center medians of streets, street rights-
of-way and/or common areas maintained by the City of
Coppell or by a homeowner's association, that are south of
Sandy Lake Road, must be conducted on Sundays,
Tuesdays and Thursdays.
4) All irrigation of the center median of streets, street rights-
of-way and/or common areas maintained by the City of
Coppell or by a homeowner's association, that are north of
Sandy Lake Road must be conducted on Saturdays,
Tuesdays and Thursdays.
5) No watering will be allowed on Mondays, Wednesdays and
Fridays.
6) Nursery (garden and landscape) businesses are not
restricted when watering business inventory; however, they
must comply with garden watering or irrigation for the
landscaping associated with the building.
7) Variances may be granted to persons establishing new
lawns or landscaping. Variances do not allow watering on
Mondays, Wednesdays or Fridays. All variances must be
submitted in writing. Based on the water situation at the
time of request for a variance, the City Engineer may reject
a variance request until such time as the City's water
supply can sustain the additional water usage. A variance
may be revoked by the City Engineer if the terms of the
agreement are violated.
B. Phase lI (Emergency state)
Depending on the availability of water and the City's ability to
supply essential water demands and fire protection, the City
Council may determine and declare that an emergency situation
exists and restrict the use of water for lawn and garden watering,
or irrigation or other purposes to two days per week only. A
declared emergency shall remain in effect until September 15 of
the year declared or until City Council takes action to return to
Phase I non-emergency state.
1) All water customers south of Sandy Lake Road must
conduct all lawn watering, garden watering or irrigation on
Sundays and Thursdays only.
2) All water customers north of Sandy Lake Road must
conduct all lawn watering, garden watering or irrigation on
Saturdays and Tuesdays only.
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3) All irrigation of the center medians of streets, street rights-
of-way and/or common areas maintained by the City of
Coppell or by a homeowner's association, that are south of
Sandy Lake Road, must be conducted on Sundays and
Thursdays.
4) All irrigation of the center median of streets, street rights-
of-way and/or common areas maintained by the City of
Coppell or by a homeowner's association, that are north of
Sandy Lake Road must be conducted on Saturdays and
Tuesdays.
5) No watering will be allowed on Mondays, Wednesdays and
Fridays.
6) Nursery (garden and landscape) businesses are not
restricted when watering business inventory; however, they
must comply with garden watering or irrigation for the
landscaping associated with the building.
7) In an emergency state, persons should contact the City
Engineer's office prior to installing new landscaping to
determine if a variance will be considered. Approved
variances may be revoked by the City Engineer, in an
emergency state, if deemed necessary to preserve the City's
ability to supply essential water demands and fire
protection.
8) Water customers tied to the Coppell water supply not
within the City limits shall conform to the same watering
requirements of this ordinance. ~
C. A person who violates Section 3-1-12 is guilty of a separate
offense for each day or portion of a day during which the violation
continues and, upon conviction, shall be punished as follows:
1) First conviction: Fine of not more than twenty-five
($25.00) dollars;
2) Second conviction: Fine of not more than fifty ($50,00)
dollars;
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3) Third and subsequent convictions: Fine of not less than
fifty ($50.00) dollars, nor more than two hundred
($200.00) dollars."
SECTION 2. That all provisions of the Code of Ordinances of the City
of Coppell, Texas, in conflict with the provisions of this ordinance be, and the
same are hereby, repealed, and all other provisions not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase
of this ordinance or of the Code of Ordinances, as amended hereby, be held to be
unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 4o An offense committed before the effective date of this
ordinance is governed by prior law and the provisions of the Code of Ordinances,
as amended, in effect when the offense was committed and the former law is
continued in effect for this purpose.
SECTION 5. Any person, finn or corporation violating any of the
provisions of Section 3-1-12 of the Code of Ordinances as amended herein, shall
be deemed guilty of a misdemeanor and, upon the first conviction, shall be
punished by a fine not to exceed twenty-five ($25.00) dollars, upon second
conviction be punished by a penalty of fine not to exceed fifty ($50.00) dollars for
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penalty of fine not less than fifty ($50.00) dollars, nor more than two hundred
($200.00) dollars for each offense, and each and every day such offense is
continued, shall constitute a new separate offense.
SECTION 6. That this ordinance shall take effect immediately from and
after its passage and the publication of the caption, as the law and charter in such
cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this
the/q:'li1 day of -L-I""~/,j , 1998.
CANDi~EHAN, MAYOR
ATTEST:
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
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PHASE I
NON-EMERGENCY STATE
SUNDAY SOUTH OF SANDY LAKE
MONDAY NO WATERING
TUESDAY NORTH/SOUTH OF SANDY LAKE
WEDNESDAY NO WATERING
THURSDAY NORTH/SOUTH OF SANDY LAKE
FRIDAY NO WATERING
SATURDAY NORTH OF SANDY LAKE
PHASE II
EMERGENCY STATE
SUNDAY SOUTH OF SANDY LAKE
MONDAY NO WATERING
TUESDAY NORTH OF SANDY LA;.~'E
WEDNESDAY NO WATERING
THURSDAY SOUTH OF SANDY LAKE
FRIDAY NO WATERING
SATURDAY NORTH OF SANDY L~