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ORD 2009-35 - Water Conservation & Drought Contingency Plans 05-19-2009ORDINANCE NO. 2009-35 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A WATER CONSERVATION PLAN AND A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR VIOLATION OF THE PLANS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS,, the City of Huntsville, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; and WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; and WHEREAS, Section 1.2.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare water conservation and drought contingency plans; and WHEREAS, as authorized under law, and in the best interests of the citizens of Huntsville, Texas, the City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during the drought and other water supply emergencies; NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: That the City of Huntsville, Texas Drought Contingency Plan attached hereto as Exhibit "A" and made a part hereof for all purposes and that City of Huntsville Water Conservation Plan attached hereto as Exhibit `B" and made a part hereto for all purposes be, and the same are hereby, adopted as the official policies of the City. SECTION 2: Any person, corporation, partnership, association or other entity violating and drought contingency measure or water conservation measure implemented by the City of Huntsville pursuant to the City of Huntsville, Texas Drought Contingency Plan or the City of Huntsville Water Conservation Plan shall be subject to the general penalty provisions set out in Section 1 -11 of the Code of Ordinances of the City of Huntsville, Texas, and a separate offense shall be deemed committed upon each and every day that any drought contingency measure is violated. SECTION3: All ordinances that are in conflict with the provisions of this Ordinance are, and that same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full . force and effect. SECTION4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 3: This ordinance shalt become effective 14 days after the date of its passage and the caption shall be published as required by Article 4.14 of the Charter. PASSED AND APPROVED this 19th day of "' °° �nnn ATTEST: Ann Smith, City Secretary APPROVED AS TO FORM: eoz5 -cfineiderjlnterirn City Attorney