ORD 2013-04 - Amending Water and Sewer ORDINANCE 2013-04 Agenda Item
AN ORDINANCE AMENDING CHAPTER 46, ARTICLE 11 OF THE CITY OF HUNTSVILLE, TEXAS
CODE OF ORDINANCES CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE
DATE,AND MAKING OTHER FINDINGS AND PROVISIONS.
WHEREAS, the City of Huntsville is a home rule city acting under its charter adopted by the electorate pursuant to the
Texas Constitution and the Local Government Code; and
WHEREAS, the City of Huntsville finds it necessary to provide for regulations concerning sale of water whether
treated or untreated; and
WHEREAS, the City of Huntsville wishes to continually review and update the regulations concerning water for the
health, safety and welfare of its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
COUNTY OF WALKER,AND STATE OF TEXAS:
I. FINDINGS OF FACT
All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Huntsville,
Texas,and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.
II. AMENDMENTS
Article II, entitled "Water and Sewers" of Chapter 46 entitled "Utilities" of the Huntsville City Code of Ordinances is
hereby amended by adding new sections, 46-51 and 46-52, to Division 2 titled "Water". The new sections 46-51 and 46-52 are
attached hereto as Exhibit"A"and incorporated herein for all purposes.
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are
inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of any
such conflict.
IV. SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases,clauses, sentences,paragraphs and sections of
this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences or sections of this ordinance, and the remainder of this Ordinance shall be
enforced as written.
V. EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the
caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage.
V1. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public
and that public notice of the time,place and purpose of said meeting was given as required by the Open Meetings Act,Chapter 551
of the Texas Government Code. Notice was also provided as required by Chapter I of the City of Huntsville Development Code.
PASSED AND APPROVED at the second reading on this the 27th day of November 2012.
THE CITY OF HUNTS LLE, XAS
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X,fqc Woodward, M/yor
"ST: APPW)V S TO FORM:
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LW-VV 6*d S�Aeide'r, City Attorney
oodward, City—S—ecra-ary
EXHIBIT A
Chapter 46- UTILITIES
ARTICLE 11. —WATER AND SEWERS
DIVISION 2. —WATER
Sec. 46-51. —Sale of Non-Potable Water.
The sale by the City of any water that is not potable, regardless of its source and regardless
of treatment or non-treatment, shall be by contract approved by City Council.
Sec. 46-52. --Wholesale sale of Potable Water.
The sale by the City of potable water on a wholesale basis shall be by contract approved by
City Council.
Secs. 46-53-46-70.-Reserved.