ORD CC 1980-23 - Water Use EmergenciesORDINANCE NO. 80 -23 •
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:.l: (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:OOA.M. to 9:OOA.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.
(d) Sam Houston State University shall withdraw
water for outdoor use on even days; Texas Department of
Corrections shall withdraw water for outdoor use on odd days.
Section 2: Outdoor use shall include, but not be limited to,
the commercial, institutional or residential use of water for
sprinkling, watering or irrigating of flowers, lawns, plants,
shrubbery, trees or vines, or for commercial car washing.
Section 3: The Mayor, or in his absence May 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, however,
that the user was given written notice that such use was
improper.
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a^
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 UPON SECOND READING AND VOTE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, ON THIS THE 8TH DAY OF JULY, A.D. 1980.
THE FIRST READING WAS ON JULY 1, 1980 WITH ONE OPPOSING VOTE CAST. PUBLICATION
TO BE ON JULY 9, 1980.
APPROVED:
SCOTT BOUNDS, City Attorney
2T
MORRIS I.
ALLER, Mayor
AMENDED (Sec. 3)
ORDINANCE NO. 80 -23
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; PRESCRIB-
ING 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.
(d) Sam Houston State University shall withdraw water for outdoor
use on even days; Texas Department of Corrections shall withdraw water
for outdoor use on odd days.
Section 2: Outdoor use shall include, but not be limited to, the commercial,
institutional or residential use of water for sprinkling, watering or
irrigating of flowers, lawns, plants, shrubbery, trees or vines.
Section 3: It shall be a defense to prosecution that the person was washing
a car or motor vehicle at a commercial car wash on Friday, Saturday or
Sunday.
• •
Section 4: 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, however,
that the user was given written notice that such use was improper.
Section 5: The use of water in violation of the terms of this ordinance is
hereby declared to be a public nuisance.
Section 6: This ordinance shall be in force and effect until amended or re-
pealed by the Mayor or Council of the City of Huntsville, Texas.
Section 7: 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 8: 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 9: 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
validity of the remaining provisions of this ordinance or their applica-
tion to other persons or sets of circumstances and to the end all provisions
of this ordinance are declared to be severable.
Section 10: 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 main-
tained 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 UPON SECOND READING AND VOTE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, ON THIS THE 8TH DAY OF JULY, A. D. 1980.
THE FIRST READING WAS ON JULY 1, 1980 WITH ONE OPPOSING VOTE CAST. PUBLICATION
TO BE ON JULY 9, 1980.
APP OVED:
Scott Bounds, City - Attorney
Mayor Pro Tem