Loading...
06-063 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 06-63 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STATES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; REPEALING ORDINANCE NOS. 96-23, 00-20, 01-11, 02-30, 06-01, AND 06-44; 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 of Prosper, Texas (the "Town"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the Town recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the Town cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality(the "Commission")require that the Town adopt a Drought Contingency Plan; and WHEREAS, the Town 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 Town is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") desires to adopt the North Texas Municipal Water District (the "NTMWD") Drought Contingency Plan as modified for the Town of Prosper as official Town policy for water conservation; and WHEREAS, the Town Council has investigated and determined that Ordinance Nos. 96-23, 00-20, 01- 11, 02-30, 06-01, and 06-44 should be repealed; and WHEREAS, the Town Council has investigated and determined that it will be advantageous and beneficial to the citizens of Prosper and will protect the public health, safety and welfare to adopt a drought contingency plan. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THAT: Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. Plan Adopted. The Town Council hereby approves and adopts the NTMWD Drought Contingency Plan (the "Plan") as modified for the Town of Prosper, attached hereto as Exhibit A, as if recited verbatim herein. The Town commits to implement the requirements and procedures set forth in the adopted Plan. Section 3. Penalty. Any customer, defined pursuant to 30 Texas Administrative Code Chapter 291, failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000.00)per day per occurrence and/or discontinuance of water service by the Town. 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 Town's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 4. Savings/Repealing. 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 5. 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, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 6. Filing of Ordinance and Plan with Commission.The Town Administrator or his 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. Section 7. Repeal of Ordinance Nos. 96-23, 00-20, 01-11, 02-30, 06-01, and 06-44. Ordinance No. 96-23, adopted on July 9, 1996; Ordinance No. 00-20, adopted on August 7, 2000; Ordinance No. 01-11, adopted on July 20, 2001; Ordinance No. 02-30, adopted on July 30, 2002; Ordinance No. 06-01, adopted on January 10, 2006; and Ordinance 06-44, adopted on May 23, 2006 are hereby repealed. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance Nos. 96-23, 00-20, 01-11, 02-30, 06-01, 06-44 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance Nos. 96-23, 00-20, 01-11, 02-30, 06-01, 06-44 occurring before the effective date of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this l lth day of July, 2006. CH ES NISWANG`> III,' ATTESTED AND CORRECTLY `�%���F.... 0Pigi.ee i� RECORD '• �� 0 •. " e- ,Wilerar • .410,e ,J� • ATTHEW D. DENTON, Town Secretary i � ,,AS `` ,' Date(s) of Publication: -3-1". {8 l Qt 6 3tc.LY.2 ( 2 0 6 , The Dallas Morning News—Collin County Edition AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News—Metro Collin County Edition on: TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-63 THE OWN OFCPROOS July 18, 2006 PER,,i ADOPT- ING A 6HT CON- July 21, 2006 TIN N PLANLES- TABRL.I H HMG CRI ERIA FOR TTHE INITIATION ANDOl1GHT(RESPONSE STAT ESTABLISH- ING STRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR EN- FORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCE- DURES FOR GRANTING VARIANCES; REPEAL- 966--23,ORDINANCE 01 300066-- (Lynda Black) 01, AND 06-44; PROVID- ING FOR REPEALING SAVINGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Sworn to and subscribed before me this July 21, 2006, A.D • (Lisa Battenf d)