HomeMy WebLinkAboutOrdinance No. 287 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 287
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, PROVIDING FOR
REGULATIONS OF USE OF THE CITY'S WATER
SUPPLY; PROVIDING FOR NOTIFICATION; PRO-
VIDING A PRESUMPTION; PROVIDING A SEVER-
ABILITY CLAUSE; PROVIDING A PENALTY AND
DECLARING AN EMERGENCY
WHEREAS, the City Council has determined and hereby does
determine that regulations of use of the City's water supply during
periods which threaten the effective use of said water supply are
needed to promote the public health and we]fare; and
WHEREAS, the City Council has determined and hereby does
determine that an emergency exists with the drought conditions that are
prevalent, resulting in the need to limit, control and ration the consump-
tion of water in the City of The Colony.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF THE COLONY, TEXAS:
Section 1. Water Use Regulations. That every owner, occupant,
tenant or lessee owning, using or occupying any lot within the corporate
limits of the City shall not use the City's water supply for any purpose
other than for direct human or animal consumption, cooking and maintenance
of sanitary conditions within the City except as follows:
A. All property located south of Nash Drive shall be
allowed to water their yards only on even days being
defined as 0, 2, 4, 6, and 8;
B. All property located north of Nash Drive shall be
allowed to water their yards only on odd days being
defined as l, 3, 5, 7, and 9;
Section 2. Notification. That the City Manager, or her duly
authorized representative, shall post signs at the entrances to the City
of The Colony which signs shall read substantially as follows:
"Water Use is Restricted to Odd-Even Days"
Ordinance #287
The City Manager shall post a notice at City Hall setting forth any and
all water use regulations in effect and the date of such regulations.
Section 3. Presumption. This ordinance hereby establishes
a presumption of guilt and all parties ~owning property or controlling
property where water is being used in violation of this ordinance, shall
be presumed to have knowingly violated this ordinance by turning on
the water or agreeing to have the water turned on. The presumption
established by this section is a rebuttable presumption.
Section 4. Penalty. It shall be unlawful for any person to
violate any provision of this ordinance, and any person violating any
provision of this ordinance shall be deemed guilty of a misdeameanor
and upon conviction thereof shall be subject to a fine in an amount not
to exceed One Thousand ($1,000) Dollars, and a separate offense shall
be deemed committed upon each day during or on which a violation occurs
or continues. All police, City officials, fireman, public works employees,
and building officials are hereby directed to enforce the terms of this
ordinance and to issue citations for observed complaints.
Section 5. If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance or application thereto any
person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction such holding shall not affect the validity of
the remaining portions of the ordinance; and the City Council hereby
declhres it would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain in full
force and effect.
Section 6. The fact that the present ordinances and regu-
lations of the City of The Colony, Texas, are inadequate to properly
safeguard the health, safety, morals, peace and general welfare of the
inhabitants of the City of The Colony, 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 on the 23rd day of July, 1984.
~ Lar~ ID.'--~-g~plc~, Mayor
CA~y of The Colony, Texas
ATTEST:
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas