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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2002 - FIRST READING OF ORDINANCE NO. 118, 2002, MODIFYIN AGENDA ITEM SUMMARY ITEM NUMBER: 26 DATE: August 20, 2002 FORT COLLINS CITY COUNCIL STAFF: Mike Smith SUBJECT: First Reading of Ordinance No. 118, 2002, Modifying Emergency Ordinance No. 112, 2002, Prescribing Temporary Restrictions on the Use of City Treated Water for Lawn Watering. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: It has come to staffs attention that the provision in Emergency Ordinance No. 112, 2002 regarding lawn water restrictions exempting new sod for a period of three weeks and new seed for a period of four weeks, may not allow for sufficient time for sod or seed to be adequately established. There appears to be various opinions about this issue among the experts. Some say three weeks for sod and four weeks for seed is adequate. Others suggest that four weeks for sod and six weeks for seed is more appropriate. Taking into account the investment that property owners may have in new sod or seed, it seems prudent to modify Ordinance No. It 2, 2002 to allow 4 weeks for sod and 6 weeks for seed. In addition, staff is recommending another change to the Ordinance to clarify that no person may undertake lawn watering in violation of the provisions of the Ordinance, regardless of whether that person is the "customer" of the Water Utility. ORDINANCE NO. 118, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING EMERGENCY ORDINANCE NO. 112, 2002 PRESCRIBING TEMPORARY RESTRICTIONS ON THE USE OF CITY TREATED WATER FOR LAWN WATERING WHEREAS, on July 16, 2002, the City Council adopted Emergency Ordinance No. 112, 2002, which prescribed certain restrictions on the use of City-treated water for lawn watering, in view of the current conditions and projections for future municipal water supplies in Fort Collins; and WHEREAS, in the weeks since the adoption of that Ordinance, the City has received new information regarding the length of time for which watering of new seed and new sod should be allowed under the Ordinance as an exception to the restrictions set forth therein; and WHEREAS, the Council believes that the Ordinance should be amended accordingly; and WHEREAS, in addition,City staff has recommended certain modifications to the language of the Ordinance that makes clear the Council's intent that any persons using City-treated water in the City shall be subject to the restrictions set forth therein; and WHEREAS, the Council has determined that changes to the Ordinance as described herein will result in increased fairness and clarity in the application and enforcement of the restrictions. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That subsection 1. A. ii of the Ordinance No. 112,2002, shall be amended to read as follows: ii. irrigation or watering of newly-planted grass,whether planted by sod or seed, for the 46-week period after the initial planting of said seed or for the 34-week period after installation of said sod, provided that a sign stating the date of such planting or installation has been posted in the watering location and is visible from the street; Section 2. That Section B of Ordinance No. 112, 2002, shall be amended to read as follows: B. It shall be unlawful, and a violation of the terms and conditions upon which the City shall provide treated water to its customers,for any ensternergersndn,to undertake or permit lawn watering except in accordance with the following: Section 3. That Section 2 of Ordinance No. 112, 2002, shall be amended to read as follows: Section 2. Use of City treated water in violation of this Ordinance or in violation of a permit issued hereunder shall constitute a violation of 'r3 u „ M � City Code Section 26-51,which authorizes the discontinuation of water service in the event of use of water for purposes not authorized. Introduced and considered favorably on first reading and ordered published this 20th day of August, A.D. 2002, and to be presented for final passage on the 3rd day of September, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 3rd day of September, A.D. 2002. Mayor ATTEST: City Clerk