O-2414-6-05ORDINANCE NO. 2414-6-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE WATER CONSERVATION PLAN FOR THE
CITY OF ALLEN BY AMENDING SECTION 2 (2) OF ORDINANCE NO. 2332-9-04
BY AMENDING SECTION 8.4(b) TO EXEMPT THE ESTABLISHMENT OF NEW
GRASS AREAS FROM THE RESTRICTIVE HOUR FOR WATERING;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR
OFFENSES; PROVIDING FOR THE DISCONNECTION OF WATER SERVICE
FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER
CONSERVATION PLAN; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen Water Conservation Plan be, and the same is hereby amended, by amending
Section 2 (2) of Ordinance No. 2332-9-04 by amending Section 8.4(b) thereof to read as follows:
"Section 8.4
b. The lawn and landscape irrigation restrictions of the landscape water management plan do not
apply to properties of customers that are establishing new sodded, seeded, or sprigged
grasses. The exemption for new grass areas shall not exceed 45 consecutive days from the
time of sod placement, and shall not exceed 90 consecutive days for newly seeded or
sprigged areas from the time of seed or sprig placement. This exemption is based on the
more frequent watering requirements needed to successfully establish new grasses in the
north Texas climate. Should an exemption need to extend past these time periods, the
property owner must request a variance under Appendix E, Paragraph D of the Water
Conservation Plan."
SECTION 2. Any customer, defined pursuant to Title 30 Texas Admininstmtive 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.
SECTION 3. The City Council does hereby find and declare that sufficient written notice of the date, hour,
place and subject of the meeting adopting this Ordinance was posted at a designated place convenient to the
public for the time required by law preceding the meeting, that such place of posting was readily accessible at
all times to the general public, and that all of the foregoing was done as required by law at all times during
which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and the posting thereof.
SECTION 4. Should any paragraph, sentence, clause, phrase or word of this Ordinance be declared
' unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected.
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 Title 30, Chapter 288 of the Texas Administrative Code.
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SECTION 6. This Ordinance shall take effect immediately from and after its passage and it is accordingly
so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY TEXAS, ON THIS 28"a DAY OF JUNE, 2005.
APPROVED:
9tepheh Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Pe��z�
Smith, S eh Iley � rRMC, CITY SECRETARY
Ordinance No. 2414-6-05, Page 2