O-3234-6-14ORDINANCE NO. 3234-6-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 14 "UTILITIES- BY AMENDING
SECTION 14-14.1 BY AMENDING THE WATER CONSERVATION AND
DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR
THE CITY OF ALLEN, TEXAS ("CITY PLAN") BY AMENDING ORDINANCE NO.
2760-8-08 TO AMEND SECTION 11.6, STAGE 3, GOALS FOR USE REDUCTION
AND ACTIONS AVAILABLE UNDER STAGE 3 OF THE PLAN; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABIATY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000); AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the North Texas Municipal Water District ("NTMWD") has indicated lower than normal lake
levels and decreased water supply, and has requested all water customers to reduce water usage by a measure
cunemly not listed in the City Plan; and,
WHEREAS, the City recognizes that the amount of water available to its water customers is limited; and,
WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures and other
acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all
times; and,
' WHEREAS, the City has determined an urgent need in the best interest of the public to amend the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen Code of Ordinances is hereby amended by amending Chapter 14 "Utilities"
by amending Section 14-14.1 by amending the City of Allen Water Conservation and Drought Contingency
and Water Emergency Response Plan for the City of Allen, Texas, dated July 2008 be, and the same is hereby
amended, by amending Section 11.6, Stage 3, Goals for Use Reduction and Actions Available Under Stage 3,
thereof to read as follows:
"Goals for Use Reduction and Actions Available under Stage 3
The goal for water use reduction under Stage 3 is a reduction of 10 percent in the amount of water obtained from
NfMWD. If circumstances warrant or if required by NTMWD, the City Manager, Mayor or official designee
can set a goal for a greater water use reduction. The City reserves the right to amend/alter any restrictions in this
Plan.
The City Manager, Mayor or official designee must implement any action(s) requested by NfMWD, including
those not specifically listed in this Plan. In addition, the City Manager, Mayor or official designee may order the
implementation of any/all of the actions listed below, as deemed necessary. Measures described as `requires
notification to TCEQ" impose mandatory requirements on customers. The City must notify TCEQ and NfMWD
within five business days if these measures are implemented:
Continue or initiate any actions available under Stages 1 and 2.
Implement viable alternative water supply strategies.
• Requires Notification to TCEQ — Initiate mandatory water use restrictions as follows:
o Prohibit hosing of paved areas, buildings or windows. (Pressure washing of impervious
' surfaces is allowed.)
o Prohibit operation of all ornamental fountains or other amenity impoundments to the
extent they use treated water.
o Prohibit washing or rinsing of vehicles by hose unless using a shutoff n=Ie.
o Prohibit using water in such a manner m to allow runoff or other waste.
• Requires Notification to TCEQ — May limit landscape watering with sprinklers or irrigation
systems at each service address to once every seven days or once every two weeks. At Stage
3, it will be typical that landscape watering will be limited in winter months to once every
two weeks from November 10 to March 31". All customers, residential and commercial, will
be allowed to water as delineated by the City's map that will be provided upon initiation of
Stage 3. The exceptions are as follows:
o Foundations, shrubs, and trees within a ten foot radius of their trunk may be watered
for up to two hours on any day by a hand-held hose, a soaker hose, or a dedicated
zone using a drip irrigation system, as long as no runoff to impervious surfaces
occurs. /f once every two week watering occurs from April 1 -October 31, lawns may
be watered under this exception in the manner listed above.
o New landscape associated with new construction may be watered as necessary for 30
days from date of installation, with approved variance.
o Golf courses may water greens and tee boxes without restrictions.
o Public athletic fields used for competition may be watered twice per week. These
fields follow alternate day watering schedules to accommodate play schedules.
o Locations using on-site well water or properly permitted creek withdrawals may
irrigate without day of week restrictions, however all other restrictions apply.
' o Water may not be trucked or otherwise transported into the City for irrigation
purposes.
o ET/Smart irrigation systems are not exempt from watering restrictions.
• Requires Notification to TCEQ — Prohibit hydroseeding, hydromulching, and sprigging.
• Requires Notification to TCEQ — Existing swimming pools may not be drained and refilled
(except to replace normal water loss). Permits to construct new pools may continue to be
issued and the pools may be constructed and filled with water.
Requires Notification to TCEQ - Initiate a rate surcharge as requested by NTMWD.
Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain
level, or as required by the City to maintain the water and sewer enterprise fund's financial
health. By Council resolution, the City will initiate a rate surcharge for all residential and
irrigation -only water use over a consumption level that will be specified in the rate setting
resolution.
• Requires Notification to TCEQ- Prohibit the operation of all spray ground water parks or
other water spray recreation activities that do not treat and recirculate water.
• Requires Notification to TCEQ- Prohibit the procurement of construction water (i.e.
through fire hydrant meters) from the City of Allen water supply that will be used outside the
' corporate city limits of the City of Allen."
Ordinance No. 3234.6-14. Page 2
SECTION 2. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said
' ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance, or the Code of Ordinances, as amended hereby,
which shall remain in full force and effect.
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SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 5. 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 the Code of Ordinances of the City of Allen, as
previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is, accordingly, so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2e DAY OF JUNE, 2014.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
�l
Peter G. Smith, CITf ATTORNEY Shelley B. George, TRMC,"etTY SECRET
(06-13-14/66668)
Ordinance No. 3234-614, Page 3