00-20 - O0- 0112964
TOWN OF PROSPER, TEXAS ORDINANCE NO 00-20
AN ORDINANCE FOR THE TOWN OF PROSPER, TEXAS, PROVIDING
RESTRICTION FOR OUTSIDE WATERING AND LANDSCAPE
IRRIGATION; PROVIDING FOR THE ADOPTION OF AN EMERGENCY
WATER MANAGEMENT PLAN; DECLARING AN EMERGENCY;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas
("Town") has investigated and determined that it will be advantageous and beneficial to Prosper
and its inhabitants to adopt an emergency water management plan as set forth below; and
WHEREAS, the Town Council recognizes the need to minimize the effects of a water
shortage to customers of the Town; and
WHEREAS, the City Council has determined that potable water is necessary for the
public health, safety and welfare of residents; and
WHEREAS, the City Council understands that potable water must be available for
emergency services provided by the fire and police departments.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findin sg Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Emergency Water Management Plan. The public interest in maintaining
adequate water storage for fire protection and general consumption necessitates that an
emergency water plan be implemented immediately upon its publication and in a newspaper of
general circulation in the Town.
SECTION 3: Emergency Criteria. Emergency criteria triggering the implementation of
various stages of the plan includes, but is not limited to, the following:
(a) weather conditions; or
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(b) water system failures including, but not limited to, problems with any well,
broken water mains, power outages, electrical failure, failure of storage tanks or
other equipment; or
(c) supply failure from any well; or
(d) an inability to recover approximately ninety (90) percent in all storage facilities
within a twenty-four (24) hour period; or
(e) an inability to recover approximately ninety (90) percent in all storage facilities
within a forty-eight (48) hour period; or
(f) a catastrophic decrease in reservoir levels and/or delivery capabilities resulting in
an inability, presently or in the immediate future, to recover resources sufficient to
provide services necessary for the public health, safety and welfare.
SECTION 4: Authority to Declare Emergency. Upon the recommendation of the Town
Mayor, or his/her designee, that an emergency situation exists and that implementation of the
emergency water management plan is necessary to protect the public welfare and safety, the
Town Mayor, or his/her designee is hereby authorized to declare that a state of emergency exists
and to authorize the Town Fire Marshall, or his/her designee, to implement the applicable
provisions of this Ordinance.
SECTION 5: Duration of Plan. The plan is effective on a year-round basis. Upon the
recommendation of the Town's Water Superintendent or in the Mayor's, or his/her designee's,
sole discretion, the Mayor, or his/her designee, may upgrade or downgrade the stage of
emergency when the criteria triggers such upgrade or downgrade.
SECTION 6: Emergency Water Management Plan/Level of Restriction.
(a) The level of restriction shall be based upon an emergency condition or
combination of conditions listed in Section 3.
(b) Level 1: Voluntary Restriction:
All landscape and other outdoor water usage at each service address shall be
limited to a maximum of three (3) days per week, based on the last digit of the
metered service physical street address.
Last digit of address Allowed Landscape Water Days
1, 3, 5, 7, 9 Monday, Wednesday, Friday
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0, 2, 4, 6, 8 Tuesday, Thursday, Saturday
Sunday —No watering (storage recovery day)
Apartments, office building complexes, or other property containing multiple
addresses will be identified by the lowest physical street address number.
(c) Level 2: Mandatory Restriction:
All landscape and outdoor water usage at each service address shall continue to be
performed according to the allowed landscape water days schedule set out in
Level 1, however, water usage is prohibited from 5:00 a.m. - 9:00 a.m. and from
4:00 p.m. - 7:00 p.m.
NON-COMPLIANCE WITH LEVEL 2 MAY RESULT IN THE ISSUANCE
OF CITATIONS.
(d) Level 3: Severe Restriction:
Any and all outdoor/landscaping water usage is prohibited until the emergency is
alleviated. This applies to all metered water users utilizing the Town's public
water supply and encompasses all residential (single or multiple dwellings),
commercial (car wash, nurseries, businesses), recreational (public/private golf
courses, parks, athletic fields), religious, health care, school and municipal
entities.
Use of water for municipal purposes shall be limited only to those activities
necessary to maintain the public health, safety and welfare.
Use of water from fire hydrants is prohibited except for fire fighting and related
activities.
NON-COMPLIANCE WITH LEVEL 3 SHALL RESULT IN THE
ISSUANCE OF CITATIONS.
SECTION 7: Termination. Termination of any and all levels of restrictions will be
made at the discretion of the Town Mayor, or his/her designee.
SECTION 8: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each occurrence in
violation of this Ordinance shall constitute a separate and distinct offense. The penal provisions
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imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation
nor shall it preclude Prosper from taking such other lawful action as is necessary to prevent or
remedy any violation. Prosper retains all legal rights and remedies available to it pursuant to
local, state and federal law.
SECTION 9: Savings/RepealingClause. lause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 10: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 11: Effective Date. The caption of this Ordinance is to be published as
required by law and shall become effective immediately upon its passage publication.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 7'Hday of August 2000. n
ATTESTED TO AND
CORRECTLY RECORDED BY:
!1(t�
JFMMFER ANLEY
Town Secretary
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11. a • I /
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DATE(s) OF PUBLICATION.8-8-00 AND 8-9-00, in The McKinney Courier -Gazette"
EMERGENCY WATER MANAGEMENT PLAN ORDINANCE- Page 4
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