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HomeMy Public PortalAboutOrdinance No. 725-94 05-24-1994 ORDINANCE NO. 725-94 • AN ORDINANCE AMENDING CHAPTER 11 "UTILTTIFS" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, BY THE ADDITION THERETO OF A NEW SECTION 15 "EMERGENCY WATER DEMAND MANAGEMENT PLAN' ; PROVIDING A PENALTY FOR VIOLATION OF PROVISIONS OF SAID EMERGENCY WATER DEMAND MANAGEMENT PLAN; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas, has adopted a Water Conservation and Emergency Water Demand Management Plan dated May 24, 1994; and WHEREAS, the Emergency Water Demand Management Plan establishes certain drought trigger conditions and actions to be taken by water customers of the City of Richland Hills during periods of drought conditions as defined therein; and WHEREAS, the City Council of the City of Richland Hills, Texas, finds and determines that the health, safety and welfare of the citizens of Richland Hills will be best served by enactment of ordinance provisions putting into effect certain provisions of the Emergency Water Demand Management Plan and to provide penalties for violations thereof. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Chapter 11, "UTILITIES" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the addition of a new Section 15 "EMERGENCY WATER DEMAND MANAGEMENT PLAN", which shall hereafter be and read as follows: 15. EMERGENCY WATER DEMAND MANAGEMENT PLAN. A. The Mayor or the Mayor's duly appointed representative is authorized to define the "trigger condition" as detailed in the Emergency Water Demand Management Plan in effect within the City, to upgrade or downgrade said condition, to initiate the appropriate actions as detailed in the Emergency Water Demand Management Plan currently in effect within the City, and to terminate said condition when the emergency has ended. B. The Mayor or the Mayor's duly appointed representative shall have the authority to enact any or all of the prescribed procedures and to adopt an promulgate such rules and regulations as are necessary to protect health and safety in case of system failure. • ORDINANCE NO. 7 2 5- 9 4 PAGE 1 C. Any person, firm or corporation violating or failing to comply with any of the terms of this Section or of the Emergency Water Demand Management Plan currently in effect within the City shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount of not less than $10.00 nor more than $500.00, and each day or portion thereof that such violation or non-compliance continues constitutes a separate offense hereunder. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Saving Clause. That Chapter 11 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. • Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the24th day of Mav , 1994, by a vote of 5 ayes, ~ nays, and ~ abstentions. APPROVED: C. F. Kelley, Mayor _ ATTEST: Terri illi ,City Sec etary APPROVED AS TO FORM: ~1 • Paul F. Wieneskie, City Attorney m1ib535/bh/052394 ORDINANCE NO. 7 2 5- 9 4 PAGE 2