Texas Border Business
By Roberto Hugo González
On Tuesday, September 17, 2024, the City of Edinburg passed a new ordinance amending the Code of Ordinances under Title V: Public Works, Chapter 53, Water Conservation, to address water usage by car wash establishments. The ordinance introduces new regulations designed to protect the city’s water resources and promote sustainability while managing the growth of water-intensive businesses like car washes.
Establishment of a 2-Mile Radius for Car Washes
One key provision of the new ordinance, Section 53.33, sets a distance requirement for new car wash establishments. No new car wash business will be permitted to operate within a 2-mile radius of an existing car wash. This measure aims to reduce the clustering of car wash businesses and better manage water consumption in the city. The ordinance recognizes that car washes, as a prevalent business model in Edinburg, consume large volumes of water, and limiting their proximity to each other is one way to conserve water resources.
In addition to the distance requirement, the ordinance mandates that all new car wash establishments must install a water reclamation and recycling system. This system will allow car washes to reuse water and significantly reduce the daily fresh water consumed. The goal is to mitigate the environmental impact of these businesses by promoting water conservation, which is crucial given the ongoing need for sustainable water management in the region.
The ordinance is designed to address water conservation and safeguard the public health, safety, and general welfare of the Edinburg community. By managing the number of car wash businesses and requiring them to adopt water-saving technologies, the city hopes to ensure a more sustainable future. The regulation aligns with broader efforts to promote responsible land use and resource management.
The ordinance was passed under the authority granted to Edinburg as a home-rule municipality, which allows the city to govern itself in matters of local concern, as stipulated in Article XI, Section 5 of the Texas Constitution. The city’s power to enact this type of legislation also stems from Section 51.001 of the Texas Local Government Code, which allows the city to adopt ordinances for the good government, peace, and order of the community.
In addition to the key regulations, the ordinance includes several other important clauses:
- Repealer Clause: This ensures that any conflicting ordinances or sections of the code that contradict the new regulations are repealed.
- The Savings Clause protects any actions or violations before the ordinance was passed from being affected by the new rules.
- Publication and Effective Date: The ordinance will be officially published and will take effect immediately after.
- Codification: The new rules will be incorporated into the city’s official Code of Ordinances.
- Waiver of the Three Separate Readings: The ordinance was passed with a waiver of the requirement for three separate readings, allowing for a faster implementation.
By adopting these new regulations, Edinburg is taking a proactive approach to water conservation and responsible urban development. The ordinance demonstrates the city’s commitment to managing its water resources wisely while supporting the continued economic growth of local businesses. Car wash owners and developers must adapt to these new requirements to contribute to the city’s sustainability efforts.
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