HomeMy Public PortalAboutOrdinance No. 753-95 08-08-1995 ORDINANCE NO. 753-95
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AN ORDINANCE AMENDING SECTION 11 "SEWER
RATES" OF CHAPTER 11 "UTILITIES" OF THE CODE OF
ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY
RENUMBERING EXISTING SUBSECTION A (2); AND
ADDING A NEW SUBSECTION A (2) (b) TO ALLOW WATER
USE FOR YARD IRRIGATION WITHOUT ASSESSMENT OF
SEWER CHARGE THEREON; PROVIDING FOR
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT
TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE, EXCEPT THAT THE
PENALTY SHALL BE THAT FIXED BY STATE LAW
WHERE A DIFFERENT PENALTY HAS BEEN
ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND
EXCEPT THAT FOR ANY OFFENSE WHICH IS A
VIOLATION OF ANY PROVISION GOVERNING FIRE
SAFETY, ZONING OR PUBLIC HEALTH AND
SANITATION, INCLUDING THE DUMPING OF REFUSE AS
THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS
LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S
• ANNOTATED CIVIL STATUTES, AS AMENDED, THE
PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Be it ordained by the City Council of the City of Richland Hills, Texas:
I.
That Section 11, "Sewer Rates" of Chapter 11, "Utilities" of the Code of Ordinances of the City of
Richland Hills, Texas, is hereby amended by renumbering existing A (2) as subsection A (2) (a) and
by the addition a subsection A (2) (b) which shall hereafter be and read as follows:
"(b) Sewage monthly volume charges shall not be assessed for industrial and commercial
customers for water which is separately metered and is used only for landscape irrigation
purposes."
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II.
Penalty Clause. Any person, firm or corporation who shall violate any of the provisions
adopted by this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined
in an amount not to exceed five hundred dollars ($500.00) except that the penalty shall be that fixed
by state law where a different penalty has been established by state law for such offense and except
that for any offense which is a violation of any provision governing fire safety, zoning or public
health and sanitation, including the dumping of refuse as that term is defined by section 2.09 of the
Texas Litter Abatement Act, Article 4477-9A, Vernon's Annotated Civil Statutes, as amended, the
penalty shall be a fine not to exceed the sum of two thousand dollars ($2,000.00), and each day or
fraction of a day that an offense hereunder is committed or permitted to exist shall constitute a
separate offense and shall be punishable as such hereunder.
III.
• 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 judgement 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 the City Council
without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
IV.
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.
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V.
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 the regular meeting of the
Richland Hills City Council on the 8th day of August , 1995, by a vote of 5 ayes,
~ nays, and ~ abstentions.
APPROVED:
C. F. Kelley, Mayor
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ATTEST:
' Lc ~ Q
Terri W' 's, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Paul F. Wieneskie, City Attorney
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