O-3219-4-14ORDINANCE NO. 3219-4-14
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 14; BY ADOPTING THE MAY 2014 WATER CONSERVATION PLAN
AND THE MAY 2014 WATER RESOURCE MANAGEMENT PLAN; PROVIDING
FOR THE DELAYED EFFECTIVE DATE FOR THE MAY 2014 WATER
CONSERVATION AND WATER RESOURCE MANAGEMENT PLANS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE,
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000); AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recognizing the need for efficient use of existing water supplies, the Texas Commission on
Environmental Quality (TCEQ) and Texas Water Development Board (TWDB) has developed guidelines and
requirements governing the development of a Water Conservation Plan and a Water Resource Management
Plan for wholesale water suppliers; and,
WHEREAS, the City of Allen has been an active participant in the regional planning process of compatible
messaging of its Water Conservation Plan and Water Resource Management Plan; and,
WHEREAS, the City Council has reviewed the proposed City of Allen Water Conservation Plan and Water
Resource Management Plan and finds it is in the best interest of the City to adopt the same.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The May 2014 City of Allen Water Conservation Plan and Water Resource Management Plan
attached as Exhibit "A" and incorporated herein by reference as if fully set forth in full, copy of which is on
file in the office of the City Secretary, is hereby adopted; provided, however, the May 2014 City of Allen
Water Conservation Plan and Water Resource Management Plan shall not become effective until the date the
City Manager has ordered implementation of Stage I or Stage 2 under Chapter 14 of the Code of Ordinances
as a result of a recommendation of the North Texas Municipal Water District.
SECTION 2. Effective on the date the City Manager has ordered implementation of Stage 1 or Stage 2 under
Chapter 14 of the Code of Ordinances as a result of a recommendation of the North Texas Municipal Water
District, Section 14-14.1 is amended to read as follows:
"Sec. 1414.1. Adoption of Water Conservation and Water Resource Plans.
That the May 2014 City of Allen Water Conservation Plan and Water Resource
Management Plan incorporated herein by reference as if fully set forth in full, copy of which
is on file in the office of the City Secretary is hereby adopted."
SECTION 3. Section 14-14.2 of the Code of Ordinances is amended to read as follows:
"Sec. 1414.2. Criminal penalties.
it is unlawful for any person, or customer, defined pursuant to 30 Tex. Admin. Code
Chapter 291, to violate or fail to comply with any of the provisions of the City Water
Conservation and Water Resource Plan, and upon conviction shall be subject to a fine not to
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exceed two thousand dollars ($2,000.00) for each offense. Each day a person or customer
violates or fails to comply with the City Water Conservation and Water Resource Plan
constitutes a separate violation. The city's authority to seek injunctive or other civil relief
available under the law is not limited by this section."
SECTION 4. 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 5. 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.
SECTION 6. 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 7. 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 8. 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 22m DAY OF APRIL, 2014.
APPROVED AS TO FORM:
Peter G Smith, CffY ATTORNEY
(PGS 4.16-14T 65694)
APPROVED:
StepheR Terrell, MAYOR
ATTEST:
Shelley B. Ceor , �C, CI1 ECRETARY
Ordinance No. 3219-4-14 Page 2