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HomeMy WebLinkAboutOrdinance No. 709 CITY OF THE COLON¥~ TEXAS ORDINANCE NO. '2p AN ORDINANCE OF THE CITY OF THE COLONY~ TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 12~ BY ADDING ARTICLE III RELATING TO CONSTRUCTION OF ON- SITE SEWERAGE FACILITIES; ADOPTING BY REFERENCE THE TEXAS DEPARTMENT OF HEALTH~ DIVISION OF WATER HYGIENE "CONSTRUCTION STANDARDS FOR ON-SITE SEWERAGE FACILITIES"; PROVIDING FOR ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER 'ORDINANCES OF THE CITY RELATING TO CONSTRUCTION OF ON-SITE SEWERAGE FACILITIES~ EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY~ TEXAS: Section 1. That Chapter 12 of the Code of Ordinances is hereby amended by adding Article, adopting by reference the Texas Department of Health, Division of Water Hygiene "Construction Standards for On-Site Sewerage Facilities". A copy of said document shall be on file with the City Secretary. Section 2. That the enforcement of the Construction Standards for On-site Sewerage Facilities shall be by the City Manager or through any person whom the City Manager may designate, provided that such person is employed by the City. Section 3. If any section, article paragraph, sentence~ clause~ phrase or word in this ordinance~ or application thereto any persons 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 this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. That this ordinance shall be cumulative of all other ordinances of the City relating to the construction of on- site sewerage facilities and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide, and it is accordingly so ordained. PASSED AND APPROVED by ~ City Co~Atncil of the City of The Colony, Texas on this the z/~-~day of~~ , |99l. z Siam W.~'~anning, Mayor ~ ATTEST: Patti A. Hicks, CMC · City Secretary APPROVED AS TO FORM: John Boyle, City Attorney