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OR 99-885 Amends daily Water Conservation Plan AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 99885 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 HUNDRED 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 cnstoraers 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 common areas maintained by a homeowner's association, that are south of Sandy Lake Road, must be conducted on Sundays, Tuesdays and Thursdays. 4) All irrigation of common areas maintained by a homeowner's association, that are north of Sandy Lake Road must be conducted on Saturdays, Tuesdays and Thursdays. 5) All irrigation of center medians of streets, street rights-of~way, parks, City facilities and other areas maintained by the City of Coppell must be conducted on Mondays, Wednesdays and Fridays. 6) All irrigation of School sites, school facilities and other areas maintained by either the Coppell Independent School District (CISD) or the Carrollton Farmers Branch Independent School District (CFBISD) must be conducted on Mondays, Wednesdays, and Fridays. 7) No watering, other than by the City of Coppell, CISD and/or the CFBISD, will be allowed on Mondays, Wednesdays and Fridays without an approved variance. 8) 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. 9) Variances may be granted to persons establishing new lawus or landscaping. All variance requests must be submitted in writing. If approved, the variance permit signed by the City Engineer must be prominently displayed near the front door. 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. 10) Variances may also be granted to persons while on vacation in the event that power failures or other acts beyond their control causes their irrigation system to malftmction and irrigate on the wrong day. A maximum two-week period will be considered for the "vacation variance" one time only during the effective Daily Water Conservation Plan period from May 15 to September 15. 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 variance are violated. 11 ) The City Manager, upon the recommendation of the City Engineer, shall adopt regulations and criteria governing the granting of variance outlined in Subsection (A)(9) and (A)(10). Regulations adopted hereunder shall include, but not limited to, criteria as to the 2 type of progeny to be irrigated, length of variance, as well as definitions of new lawns or landscaping. B. Phase II (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. 3) All irrigation of common areas maintained by a homeowner's association, that are south of Sandy Lake Road, must be conducted on Sundays and Thursdays only. 4) All irrigation of common areas maintained by a homeowner's association, that are north of Sandy Lake Road must be conducted on Saturdays and Tuesdays only. 5) All irrigation of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the City of Coppeil must be conducted on Mondays and Fridays only. 6) All irrigation of School sims, school facilities and other areas maintained by either the Coppell Independent School District (CISD) or the Carrollton Farmers Branch Independent School District (CFBISD) must be conducted on Mondays and Fridays only. 7) No watering other than the City of Copgell, CISD and/or CFBISD will be allowed on Mondays and Fridays. 8) No watering of any kind will be allowed on Wednesdays. 9) 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. 10) In a Phase lI Emergency State, persons should contact the City Engineer's office prior to installing new landscaping to determine if a variance will be considered. As a general rule, no variance will be allowed during a Phase II Emergency State. Approved variances may be revoked by the City Engineer, in a Phase II Emergency State, if deemed necessary to preserve the City's ability to supply essential water demands and fire protection. 11) Water customers tied to the Coppell water supply not within the City limits shall conform to the same watering requirements of this ordinance. C. Depending on the availability of water and the City's ability to supply essential water demands and fire protection, the City Manager, upon notification to the City Council, may implement the Daily Water Conservation Han prior to May 15 or extend the plan beyond September 15, in any given year. The City Manager, upon notification to the City Council, may also make minor changes to the Daily Water Conservation Plan that is not detrimental to the effectiveness of the overall plan. D. 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; 3) Third and subsequent convictions: Fine of not less than ($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 4 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 4. 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, firm or corporation violating any of the provisions of Section 3-1-12 of the Code of Ordinances as mended herein, shall be deemed guilty of a misdemeanor and, upon the first conviction, shall be punished by a fine not to exceed twenty-five ($25.130) dollars, upon second conviction be punished by a penalty of fine not to exceed fifty ($50.00) dollars for each offense, and upon the third and subsequent conviction shall be punished by a penalty of fine not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars for each offease, 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 Coppelt, Texas, this the 27th day of July., 1999. APPROVED CANDY SHEEHAN, MAYOR 5 ATTEST: