06-080 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-80
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, 06-44, AND 06-63;
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11, 02-30, 06-01, 06-44,and 06-63 should be repealed; and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, 06-44, and 06-63.
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;and Ordinance 06-63, adopted on
July 11, 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, 06-
63 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, 06-44,06-63 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 8th day of August, 2006.
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IS NGER, Mayor `NN F PP ♦♦♦
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ATTESTED AND CORRECTLY •�
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• ATTHEW D. DENTON, Tow,Secretary ®�� TExAS 11
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Date(s)of Publication Au G V- f a / -2 s h , 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 ,,,-80*
t
AN ORDINANCE OF
THE TOWN OF PROS-
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EIN , TEXAS, ADOPT.HT CO August 18, 2006
TINGENCY PLAN; E5S- August 22, 2006
TABLISHING CRITERIA
FOR THE INITIATION.
AND TERMINATION OP.
DROUGHT RRtESPOOLNSE,.
IING RESTRICTIONS ON;
CERTAIN WA' ER
USES; ESTABLISIIN
PENALTIES FORTH •
VIOLATION OF AN
PROVISIONS FOR E
FORCEMENT OF.
THESE RESTRICTIONS",:
ESTABLISHING
GRANTING
VARIANCES; REPEAE-
ING ORDINANCE NOS.
01, 066--00-20,OA N D 06'63- (Lynda Black)
PROVIDING FOR R
PEALING SAVINGS AN
SEVERABILITY CLAD .
ES; PROVIDING FOR
AN EFFECTIVE DATE
OF THIS ORDINANCE;
AND PROVIDINGeifOR
THE CAPTION HEREOF
Sworn to and subscribed before me this August 22, 2006, A.D
ttiiii wit/
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>'cNFIELD 'i.
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• :y, uc ' ''.. (Lisa Battenfi 1d)
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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
If NO. 06-80
AN RDINANE OF
THEO
OTOWN OFCPROS August 22, 2006
ING AER, TDROUG T CON-
TINGENCY N CYG CRITER A August 24, 2006
FOR THE INITIATION.
IAND TERMINATION OF„
DROUGHT RESPONSE:
STATES; ESTABLISH-
ING RESTRICTIONS ON
CERTAIN WATER
USES; ESTABLISHING
PENALTIES FOR THE
VIOLATION OF AND
PROVISIONS FOR EN-
FORCEMENT OF
THESE RESTRICTIOCE-.
ESTABLISHING PROCE-
DURES FOR GRANTING"
VARIANCES; REPEAL
ING ORDINANCE Nos- (Lynda Black)
ING
00-20, 02-30, S.
01, 06-44, AND 06-63;
PROVIDING FOR REE
PEALING SAVINGS AND,
SEVERABILITY CLAUS-
ES; PROVIDING FOR,,
AN EFFECTIVE DATE,
OF THIS ORDINANCEI
AND PROVIDING FOR
THE PUBLICATION 02"
THE CAPTION HEREOFV
Sworn to and subscribed before me this August 24, 2006, A.D
i
0%11111,1S. ''',
.s:', r_P�ATTFNA• #,, (Lisa Bat nfield)
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