HomeMy WebLinkAbout2068 DENIED 06-09-2015 ORDINANCE NO. 2068
AN ORDINANCE AMENDING CHAPTER 86, "UTILITIES", ARTICLE II,
"WATER AND SANITARY SEWER SYSTEMS," DIVISION I,
"GENERALLY," SECTION 86-26, "RULES, REGULATIONS, POLICIES
AND PROCEDURES", OF THE CODE OF ORDINANCES OF THE CITY
OF EULESS, TEXAS BY PROVIDING REGULATIONS FOR OUTDOOR
WATERING; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas 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, in order to preserve and protect the public health, safety and welfare
of its citizens the City Council has previously adopted regulations governing the
operation, maintenance, improvement and extension of the municipally owned water
and sewerage system; and
WHEREAS, the City Council has determined that it is in the best interest of the
public health, safety and welfare to regulate the use of potable water within the City and
to adopt regulations governing water facilities, distribution systems, transportation, and
use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
Chapter 86, "Uti s", Article II, "Water and Sanitary Sewer Systems", Division I
"Generally," Section 8 , "Rules, regulations, policies and procedures", of the Code of
Ordinances of the of Euless is amended to hereby include 86-26 (e) to read as
follows:
Sec. 86-26. Rules, regulations, policies and procedures.
(e) Outdoor watering, using city provided potable water, through sprinklers or
irrigation systems is limited at each service address to twice per week in accordance
with the published schedule. New landscape plantings may be watered through
sprinklers or irrigations systems for a maximum of 45 days immediately following
planting to promote establishment.
SECTION 2.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
the City Code and other ordinances of the City of Euless, Texas, except where the
provisions of this ordinance are in direct conflict with the provisions of other ordinances,
in which event the conflicting provisions of the other ordinances are hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or uncons ' utional by the valid judgment or
decree of any court of competent jurisdiction, suc alidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, ences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or sections.
SECTION 4.
PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in accordance with Chapter 1, "General
Provisions", Section 1-12, "General Penalty," Euless Code of Ordinances. Each
instance of a violati of any provision of this ordinance is a separate offense.
SECTION 5.
SAVINGS CL . All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the City Code or any other
ordinances regulating water and sewer systems that have accrued 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 6.
PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby
directed to publish the caption, penalty clause and effective date of this ordinance in the
official newspaper of the City of Euless, as required by Section 12 of Article II of the
Charter of the City of Euless.
Ordinance No. 2068, Page 2 of 3
SECTION 7.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as required by the City Charter and the laws of the State of
Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on June 9, 2015 by a vote of ayes, nays,
and abstentions.
APPROVED:
Linda Martin, Mayor
ATTEST:
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Kim Sutter, TMRC, City Secretary
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APPROVED AS TO FORM:
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Wayne Ison, City Attorney
Ordinance No. 2068, Page 3 of 3