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File #: ORD-0462    Version: Name:
Type: Ordinance Status: Approved
File created: 6/11/2019 In control: City Manager Office
On agenda: 6/25/2019 Final action:
Title: Approving an ordinance on second reading with the caption reading: An ordinance of the City of Pflugerville, Texas, amending the City of Pflugerville, Texas Code of Ordinances, by amending Title IX (Titled General Regulations), Chapter 95 (Titled Parks and Recreation), Section 95.30 (Titled Protection of Lake Pflugerville) by prohibiting the use of motorized boats; providing for a penalty for a violation of Chapter 95 as a class C misdemeanor and a fine in an amount not to exceed $500.00; providing that this ordinance shall be cumulative and repealing all ordinances to the extent they are in conflict; providing for severability; and providing an effective date.
Attachments: 1. Parks and Recreation Ordinance (Boats)_revised061119

Title

Approving an ordinance on second reading with the caption reading: An ordinance of the City of Pflugerville, Texas, amending the City of Pflugerville, Texas Code of Ordinances, by amending Title IX (Titled General Regulations), Chapter 95 (Titled Parks and Recreation), Section 95.30 (Titled Protection of Lake Pflugerville) by prohibiting the use of motorized boats; providing for a penalty for a violation of Chapter 95 as a class C misdemeanor and a fine in an amount not to exceed $500.00; providing that this ordinance shall be cumulative and repealing all ordinances to the extent they are in conflict; providing for severability; and providing an effective date.

 

Summary

Lake Pflugerville was completed in April 2006 and was constructed to establish a reservoir to store water intended to be treated for potable use and distributed throughout the City's water utility service area. Protections for Lake Pflugerville are codified in Section 95.30 of the City's Code of Ordinances were established in June 2006 and amended in October 2009.

 

Currently, driving or operating a motorized boat of any kind on Lake Pflugerville is prohibited, unless:

 

                     (1)     The operator of the boat is city staff or has been authorized by city staff to use the motorized boat and is doing so in the ordinary course of carrying out city business; or

                     (2)     The boat is an electric powered fishing boat or electric powered model boat.

 

The proposed ordinance would prohibit all motorized boats from the water unless for a public purpose.

 

This amendment is intended to further restrict the possible transport of invasive species into this water body, such as hydrilla and zebra mussels, by prohibiting all boats with inboard or outboard motors.

 

This ordinance was approved as amended on first reading on June 11, 2019. The ordinance was amended to clarify that boats with gas-powered motors are not allowed for use on Lake Pflugerville, even when the gas-powered motor is not in use, such as when using an electric trolling motor instead. The following amended sentence was provided by the City Attorney for Section (C)(2):The boat is a fishing boat with a primary source of power being electric or an electric powered model boat.

 

Prior City Council Action

Related to this Section, park hours changes were approved on first reading in August 2018, but the matter was postponed upon consideration of second reading in September.

 

Deadline for City Council Action

Action on second reading is requested on June 25, 2019.

 

Funding Expected: Revenue __  Expenditure __  N/A _x_ 

Budgeted Item: Yes __ No __  N/A _x_                     

Amount: ___n/a_____ 

1295 Form Required? Yes __ No _x_                     

Legal Review Required: N/A __ Required _x_ Date Completed: May 9, 2019                                          

 

Supporting documents attached:

Ordinance

 

Recommended Action

Approve the ordinance on second reading to prohibit the use of motorized boats on Lake Pflugerville.