O-2631-6-07ORDINANCE NO. 2631-&07
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING SECTION 14.16 (8) TO ESTABLISH
RESTRICTIONS ON CERTAIN WATER USES AT DROUGHT STAGE 3;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; PROVIDING FOR THE
DISCONNECTION OF WATER SERVICE FOR NONCOMELLINCE WITH THE
PROVISIONS OF THE DROUGHT CONTINGENCY PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Allen, Texas (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 Water Code and the regulations of the Texas Commission on Environmental Quality (the
"Commission") require that the City adopt a Drought Contingency Plan; and,
WHEREAS, the City has determined an urgent need in the best interest of the public to adopt a Drought
' Contingency Plan; and,
WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such
Ordinances necessary to preserve and conserve its water resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Chapter 14 of the City of Allen Code of Ordinances is hereby amended by amending Section
Section 14-16 (8) in part to read as follows:
"Sec. 14-16. Amendments.
The following Sections of the North Texas Municipal Water District Model Drought
Contingency Plan are hereby amended to read as follows:
(8) Section 3.4 Drought and Emergency Response Stages. [Under "Stage 3, Severe," under "Goals
for Use Reduction and Actions Available Under Staee 3, Severe," add at the end of the last bullet point
sentence ending with "... Prohibit watering of golf courses using treated water, except as needed to
keep greens and tees alive."]
"The City of Allen's mandatory water conserving measures and mandatory use prohibitions
' or limitations at Stage 3 are:
a. The hosing of paved areas, buildings, or windows is prohibited.
b. Operation of ornamental fountains if they use treated water is prohibited.
'
C. Washing or rinsing of vehicles and watercraft by hose is allowed, however, a positive
shut-off nozzle must be used to stop the flow of water when it is not needed to rinse
the vehicle being washed.
d. Using water in such a manner as to allow runoff or other waste is prohibited.
e. Outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00
p.m. is prohibited year round after Stage 3 is announced.
f Landscape watering with sprinklers or irrigation systems at each service address is
limited to two (2) times every seven (7) days. All customers, residential and
commercial, will be allowed to water on the two (2) days between the specific times
established by the City Manager or designee who will publish the "City of Allen
Stage 3 Watering Schedule" that will be delivered to all postal patrons by the U.S.
Postal Service in zip codes 75013 and 75002 by Saturday, lune 30, 2007.
Exceptions: Foundations, new plantings (fast year) of shrubs, and trees may be
watered for up to a total of one (1) hour on any day by a hand-held hose, soaker hose,
or drip irrigation system. Established trees may also be watered within a ten -foot
radius of their trunk by hand-held hose, soaker hose, or drip irrigation as part of the
one hour exception.
g. Golf courses may only water greens and tee boxes with treated water without
restrictions. Exception: There are no restrictions on golf course watering or irrigating
' using untreated water.
h. Existing swimming pools are prohibited from being drained and refilled. Exception:
Permits to construct new pools may continue to be issued and the pools may be
constructed and filled with water. Normal water losses may be replaced in all pools,
private and public.
Other Stade 3 Provisions:
By Council resolution the City will initiate a rate surcharge by resolution for all
residential and irrigation -only water use over a consumption level that will be
specified in the rate setting resolution."
SECTION 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291, failing to comply with
the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000) and/or
discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction
of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation.
The City's authority to seek injunctive or other civil relief available under the law is not limited by this
section.
SECTION3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
' remaining portions of said Ordinance which shall remain in full force and effect.
SECTION 4. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the
provisions of this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
Ordinance No. 2631-6-07, Page 2
SECTION 5. The City Manager or designee is hereby directed to file a copy of the Plan and this Ordinance
' with the Commission in accordance with Tide 30, Chapter 288 of the Texas Administrative Code.
SECTION 6. This Ordinance shall take effect on July 1, 2007, following its passage and publication of the
caption, and it is accordingly so ordained, except that the amendment to Section 14-16 (8) c, provided herein,
shall become effective immediately.
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12TH DAY OF JUNE, 2007.
APPROVED:
1
Stephen Terrell, Mayor
APPROVED AS TO FORM: ATTEST:
lt
Peter G. Smith, City Attorney Sh-ell6y B. Geor&Xity Secretary
Ordinance No. 2631-6-07, Page 3