HomeMy WebLinkAbout1837 12-09-2008ORDINANCE NO. 1837
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF EULESS, TEXAS, CHAPTER 14, "BUILDINGS AND
BUILDING REGULATIONS," ARTICLE II, "INTERNATIONAL
RESIDENTIAL CODE," SECTION 14 -25, "AMENDMENTS," AND
ARTICLE IV, "INTERNATIONAL PLUMBING CODE," SECTION 14 -63,
"AMENDMENTS," AND CHAPTER 30, "FEES," SECTION 30 -13,
"BUILDING FEES," BY ADDING LOCAL AMENDMENTS TO THE 2003
EDITION OF THE INTERNATIONAL RESIDENTIAL CODE FOR ONE
AND TWO- FAMILY DWELLINGS AND THE 2003 INTERNATIONAL
PLUMBING CODE, AS PREVIOUSLY ADOPTED, IN ORDER TO
ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF
IRRIGATION SYSTEMS WITHIN THE CORPORATE LIMITS OF THE
CITY OF EULESS AND PERMIT FEES, THEREFORE; PROVIDING FOR
RECORDING OF SUCH CODE AS A PUBLIC RECORD; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City of Euless is a home rule city acting under its charter
adopted by the electorate pursuant to Article Xl, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Euless, Texas has determined that
water conservation and environmental protection are important issues and concerns
affecting the city; and
WHEREAS, properly- installed irrigation systems will conserve water, help avoid
wasteful use, and improve the overall quality of life for the citizens of Euless, Texas; and
WHEREAS, during the 2007 legislative session, the Texas Legislature adopted
House Bill 1656; and
WHEREAS, House Bill 1656 amended Chapter 401 of the Texas Local
Government Code to require a city with a population of 20,000 or more to regulate the
installation of irrigation systems within the corporate limits of the city as well as the city's
extraterritorial jurisdiction; and
WHEREAS, the provisions herein are necessary to promote and protect the
health, safety, and welfare of the public by creating an urban environment that is
protective of the city's water supply and provides an enhanced quality of life for the
citizens of the City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
That Chapter 14, "Buildings and Building Regulations," Article II, "International
Residential Code," Section 14 -25, "Amendments," be amended by adding Section
P2609, "Landscape Irrigation. Minimum Standards for Landscape Irrigation Systems,"
amending the International Residential Code for one and two- family dwellings, 2003
Edition, published by the International Code Council to hereafter be and read as follows:
P 2609. Landscape Irrigation. Minimum Standards for Landscape
Irrigation Systems. The landscape irrigation rules promulgated by the
Texas Commission on Environmental Quality and contained in Chapter
344, Subchapters E and F, § §344.50- 344.65, TEXAS ADMINISTRATIVE
CODE, are hereby adopted by reference as the landscape irrigation rules
of the City.
SECTION 2
That Chapter 14, "Buildings and Building Regulations," Article IV, "International
Plumbing Code," Section 14-63, "Amendments," be amended by adding Section 315,
"Landscape Irrigation. Minimum Standards for Landscape Irrigation Systems,"
amending the International Plumbing Code, 2003 Edition, published by the International
Code Council to hereafter be and read as follows:
315. Landscape Irrigation. Minimum Standards for Landscape Irrigation
Systems. The landscape irrigation rules promulgated by the Texas
Commission on Environmental Quality and contained in Chapter 344,
Subchapters E and F, § §344.50- 344.65, TEXAS ADMINISTRATIVE
CODE, are hereby adopted by reference as the landscape irrigation rules
of the City.
SECTION 3
The city council hereby establishes the fee for the plan review and inspection of
each irrigation system as set forth in Chapter 30, "Fees," Section 30 -13, "Building Fees,"
Subsection (g).
SECTION 4
That Chapter 30, "Fees," Section 30 -13, "Building Fees," be amended by the
addition of Subsection (g) to hereafter be and read as follows:
(g) Irrigation system plan review and inspection ... $100.00 plus applicable
permit fee
Ordinance No. 1837, Page 2 of 4
SECTION 5
This ordinance shall be cumulative of all provisions of ordinances of the City of
Euless, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 6
All rights and remedies of the City of Euless are expressly saved as to any and
all violations of the provisions of any ordinances affecting the regulation and control of
the use, occupancy, maintenance, repair, design, construction and quality of materials
for buildings and structures within the City which 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 7
SAVING CLAUSE. That the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
SECTION 8
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 such
violation shall be deemed a separate offense and shall be punishable as such
hereunder.
SECTION 9
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 unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, 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 section.
Ordinance No. 1837, Page 3 of 4
SECTION 10
EFFECTIVE DATE. This ordinance shall be in full force and effect from January
1, 2009.
PRESENTED AND GIVEN FIRST READING AND FINAL READING at a regular
meeting of the Euless City Council on the 9th day of December, 2008, by a vote of
7 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib Saleh, Mayor
ATTEST:
Susan Crim, TRMC, City Secretary
APPROVED AS TO FORM:
Ordinance No. 1837, Page 4 of 4