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HomeMy WebLinkAboutORD 2011-042 ORDINANCE NO. 2011-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 25, ARTICLE V DROUGHT CONTINGENCY PLAN BY THE ADDITION OF A NEW SUBSECTION 25-139 REGARDING DROUGHT CONTINGENCY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has established drought contingency provisions in order to manage and conserve the City's water resources; and WHEREAS, the City deems the protection of the City's water resources a high priority; and WHEREAS, the City wishes to amend its drought contingency provisions in order to address the standards of its water providers, Tarrant Regional Water District and Trinity River Authority; and WHEREAS, all legal prerequisites and requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City of Grapevine City Council, deems the passage of this ordinance is in the best interest of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the Grapevine Code of Ordinances, Chapter 25, Article V Drought Contingency Plan, be amended by the addition of a new Subsection 25-139 to read as follows: "As a water customer of TRA and TRWD, the City shall impose the TRWD water conservation measures when requested to do so in accordance with the TRWD Drought Contingency Plan, as amended. Such restrictions from the TRWD shall be automatically adopted as guidelines in accordance with subsection (b). " Section 3. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred ($200.00) for each offense and a separate offense shall be deemed committed each day or on which an offense occurs or continues. Section 4. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of September, 2011. APPROVED: ?)60?6,..__ William D. Tate Mayor ATTEST: -4d1- -e------- Linda Huff City Secretary APPROVED AS TO FORM: 2,--7-, ,,,,Th_ John F. Boyle, Jr. City Attorney ORD. NO. 2011-42 2