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ORD CC 1980-22 - Timed Water Usage• • ORDINANCE NO. 80 -22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROHIBITING THE USE OF CITY WATER FOR OUTDOOR USES EXCEPT FROM 6:00 A.M. TO 9:00 A.M. ON DESIGNATED ODD OR EVEN DAYS; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATIONS; DEFINING CERTAIN USES OF WATER AS A PUBLIC NUISANCE; PRESCRIBING A PENALTY OF $200 FOR THE VIOLATION; DECLARING AN EMERGENCY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS the City of Huntsville has experienced a period of prolonged dry and hot weather; and WHEREAS a major water well in the City water system has been in a state of disrepair; and WHEREAS water reserves in the City are at dangerously low levels; and WHEREAS it is imperative to the public well being that certain uses of water be restricted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT: Section 1: (a) It shall be unlawful for any person to use or withdraw water from the City water supply system for any outdoor use except from 6:00 A.M. to 9:00 A.M. (b) It shall be unlawful for any person that lives at an odd numbered street address (or odd numbered box number if no address) to use or withdraw water from the City water supply system for any outdoor use on an even numbered day. (c) It shall be unlawful for any person that lives at an even numbered street address (or even numbered box number if no address) to use or withdraw water from the City water supply system for any outdoor use on an odd numbered day. Section 2: Outdoor use shall include, but not be limited to, the commer- cial, institutional or residential use of water for sprinkling, watering or irrigating of flowers, lawns, plants, shrubbery, trees or vines, or for com- mercial car washing. Section 3: The Mayor, or in his absence Mayor Pro Tem, shall have the authority to enforce the provisions of this ordinance by the discontinuance of water service. The water service of any water user may be discontinued for use of water in violation of the terms of this ordinance, provided, how- ever, that the user was given written notice that such use was improper. MI 4 Section 4: The use of water in violation of the terms of this ordinance is hereby declared to be a public nuisance. Section 5: This ordinance shall be in force and effect until amended or repealed by the Mayor or Council of the City of Huntsville, Texas. Section 6: Any person who violates this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred and No/100 ($200.00) Dollars. Each day such violation shall continue or be permitted shall be considered a separate offense. Section 7: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such re- peal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: If any provision or part of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the valid- ity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to the end all provisions of this ordinance are declared to be severable. Section 9: The fact that the water supply of the City is at a critically low level and the further fact that adequate water levels must be maintained for the health, safety, and welfare of the citizens of the City and all users of the City water system, creates a public necessity and an emergency, and this ordinance shall take effect immediately upon its publication. PASSED AND APPROVED BY tiffikt+ifie446 VOTE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ON THIS THE 1st DAY OF JULY, A.D. 1980. APPROVED: SCOTT BOUNDS, City Attorney 2- WdL-- 0 IS I. WALLER, Mayor / ""'