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O-754-10-86ORDINANCE NO. 754-10-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR OUTSIDE WATERING AND LANDSCAPE IRRIGATION; REPEALING ORDINANCE NO. 711-7-86; DECLARING AN EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY AND PUBLICATION OF THE CAPTION HEREOF. WHEREAS, extreme weather conditions have generated unprecedented demands on the City of Allen water supply system; and, WHEREAS, under peak use conditions, the City of Allen's pumping and storage facilities are taxed beyond their capability; and, WHEREAS, it is the intention of the City Council of the City of Allen to allow the use of outside sprinkler and irrigation systems to the extent that those outside uses do not cause a depletion of reserves to the extent that it jeopardizes the City's ability to provide firefighting capabilities and to respond to other emergencies as they may arise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1. The Mayor of the City of Allen will make public announcements in the news media that outside watering and landscape irrigation will be prohibited between certain specified hours each day with said time of usage prohibited to be enforced by the City Manager or employees so assigned. SECTION 2. Nothing in this Ordinance shall prohibit the watering of lawns, shrubs, trees, and building foundations by the use of hand-held devices, so long as the device is hand operated. SECTION 3. The Mayor of the City of Allen is hereby given authority upon recommendation of the City Manager to impose restrictions during certain hours for watering and landscape irrigation as may be deemed necessary to promote the health, safety and welfare of the citizens of the City of Allen. Ordinance No. 754-10-86 -Page 1 EW SECTION 4. From and after the effective date of this Ordinance, Ordinance No. 711-7-86 restricting outside watering and irrigation during certain hours is hereby fully repealed. SECTION 5. The City Council finds that an emergency exists and that the public interest is served by maintaining adequate water storage for fire protection and as a result, this Ordinance shall become effective immediately upon passage. SECTION 6. Any person, parties in interest, or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to a misdemeanor prosecution and upon conviction shall be punished by a fine of not more than Two Hundred Dollars ($200.00), and each day that such violation shall be permitted to exist or continue shall constitute a separate offense. In the event a corporation is the violator of any of the provisions of this Ordinance, each officer, agent and employee of such coproration who is responsible for or contributes to such violation in any manner shall be individually and severally liable for the penalties herein prescribed. SECTION 7. If any section, sub -section, sentence, clause or other portion of this Ordinance is found to be invalid by any competent regulatory agency, the remaining portions of this Ordinance are declared to be severable and shall remain in full force and effect. SECTION 8. This Ordinance shall automatically terminate on April 1, 1988. SECTION 9. The City Secretary is directed to cause the caption of this Ordinance to be published in the City's newspaper of record. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 2nd DAY OF October , 1986. ATTEST: ,rte l� Marty Hendrix, CM , City Secretary APPROVED: P. Rodenbaugh, Ordinance No. 7S4-10-86 -Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Notice - Ord. fir` 751-10-86, Ord. # 754-10-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 8, 1986 and October 12, 1986 and which was issued on October 8, 1986 ,by The City of Allen of Collin County, Texas. A printed copy of said publication is att ched eto,,� SUBSCRIBED AND SWORN to before me this Publisher's Fee $ 61 .20 r- CITY OF ALLEN 1 : PUBLIC?NOTICE Notice is hereby given that the Allen City Council adopted the following ordinances at their regular meeting held on Thursday, October 2, 2986 ' (Titles and -Penalty Clauses only): 4 Ordinance No. 751-10-86: An.Ordi- nance of th,City of Allen,'.Collin • County, Texas, Amending Comprehensive Zoning Ordinance No., - o. , 366-10-81 as Previously Amended, So As to Change the Following - Described Tract 'of Land From "AO", (Agricultural -Open Space)_ Classification to Permanent Zoning of "PD" (Planned Development) No.'40, Said Tract of Land Lying in the H. Seabom Survey, and the' R.F. Clements Survey, Abstract No. 879 Collin County,' -Texas; Providing for Use Regulations; Providing for a Land Use Plan; Providing for a Penalty of Fine Not to Exceed the Sum of One Thouswd Dollars 10th dayof Nov. penilty as provided for in Cafll M-hensive Zoning Ordinance'No. 366-10-81 of the City of Allen, as heretofofe amended, and upon conviction shall be punished by a fine not to exceed the sum, of -One Thousand Dollars ($1,000.00) for each offense. Ordinance No. 754-10-86: An Ordinac- ne of the City of Allen, Collin County, Texas, Providing for Outside Watering and Landscape Irrigation; Repealing Ordi- nance No.,,711-7-86; Declaring an Emergency; °Providing for an Effective Date; Providing a Penalty for Violation Hereof; Providing'for'Severability and Publication of the Caption Hereof. "' Any person, parties in interest, oi�corpo- ration who shall violate any of the provi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to a misdemeanor prosecution and -upon conviction shall be punished by a fine 'of not more than Two Hundred Dollars ($200.00), and each day that such violation shall be permitted to exist or continue shall constitute a sepa- rate offense. In the event a corporation is the violator of any of the provisions of this ordinance, each officer, agent and employ- ee of such corporation who is responsible for or contributes to'such violation in any manner shall be individually and severally liable for the penalties herein'prescribed. A copy of these ordinances may be read or purchased;in the, office of the City ,Secretary, Allen , Municipal Annes, One. (Butler Circle, Allen,:Texas. ` • Marty Hendrix f CMC " City Secretary ,(TO BE PUBLISHED IN THE ALLEN AMERICAN WEDNESDAY, OCTOBER 8, 1986 AND,SUNDAY, OCTOBER 12, 1986. - - , A.D. 19 86 Notary Pub& in and for Collin County, Texas CITY OF ALLEN PUBLIC NOTICE � 1 Notice is hereby given that the Allen City, buncil adopted the following ordinances t their regular meeting held on Thursday, ictober 2, 2986 (Titles and Penalty causes only): K. I t Ordinance No. 751-10-86: An Ordi- ance of th City of Allen, Collin County, exas, Amending Comprehensive Zoning Irdinance No. 366-10-81 as Previously ,mended, So As to Change the Following- iescribed Tract of Land From "AO" kgricultural-Open. Space) Classification ) Permanent Zoning Iof "PD" -(Planned ievelopment) No. 40, Said Tract of Land ein9gg��Described as Follows: Approximate - H. ealf n9jjj f ' L nd C ants Use for Each Ofrfense; Providing fora Severa- bility Cladse; and Providing for the Effec- tive Date of Said Ordinance.. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. Ordinance No. 75410-86: An Ordinac- ne of the City of Allen, -Collin County, Texas, Providing for Outside Watering and Landscape Irrigation; Repealing Ordi- nance No. 711-7-86; Declaring an Emergency; Providing for. an Effective Date; Providing a Penaltj for Violation Hereof; Providing for Severability and Publication of the Caption Hereof. Any person, parties in Interest, or corpo- ration who shall violate any of the provi- sions of this ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to a misdemeanor prosecution -and upon conviction shall be' punished by a fine of • not more than Two Hundred Dollars ($200.00), and each day that such violation shall be permitted to exist or continue shall constitute a sepa- ra3e offense? In the event a corporation is the violator of any'of the provisions of this ordinance, each officer, agent and employ- ee of such corporation who is responsible for or contributes to such violation in any manner shall be individually and severally liable for, the -penalties herein, prescribed.` TO t A copy of these ordiriandes,may be read ( dor purchased' in the officeof;the City A986I Secretary,, Allen MunicipaI'Annes,'One Butler Circle; Allen, Texas.` 1986. f , " V Marty Y'• BE. PUBLISHEDIIN 18, 12,