HomeMy WebLinkAboutO-1979-1168
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ORDINANCE NO. 1168
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AN ORDINANCE REGULATING THE DRILLING OF WATER WELLS WITHIN THE
CITY; REGULATING THE USE AND SALE OF WATER WITHIN THE CITY;
PROVIDING EXCEPTIONS; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO
HUNDRED DOLLARS ($200.00); CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Section 1. From and after the effective date hereof, it
shall be unlawful for any person to drill a water well to provide
water for 'human consumption, or for residential or commercial
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purposes within the City of La Porte.
Section 2. From and after the effective date hereof, it
shall be unlawful for any person to use, sell, barter, give away
or offer for sale, offer to barter, or offer to give away, for
human consumption, or for residential or commercial purposes,
water originating from any source other than the Water Department
of the City of La Porte, to any other person within the City of
La Porte, except such City.
Section 3. The provisions of this Ordinance shall not be
applicable to the drilling of a well on, or the providing of
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water to, property which the Director of Public Works determines
is situated in excess of five hundred (500) feet from an existing
water main of the City of La Porte, or when it has been determined
by the Director of Public Works that such existing water main is
inadequate to supply the needs of such property. The provisions
of this Ordinance shall not be applicable to the sale of dis-
tilled water, nor to commercial stand-by water supplies approved
in advance by City Commission.
Section 4. This Ordinance shall be effective on November 1,
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1979, which is more than fourteen (14) days after its passage
and approval. The City Clerk shall give notice of the passage
of this ordinance by causing the caption hereof to be published
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Ordinance No. 1168 , Page 2.
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in the official newspaper in the City of La Porte at least twice
within ten (10) days after the passage of this ordinance.
Section 5. If any section, sentence, phrase, clause, or
any part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ord inance, and
it is hereby declared to be the intention of this City Commission
to have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section, sen-
tence, phrase or clause, or part thereof, may be declared invalid.
Section 6. Any person, as defined in Section 1.07(27),
Texas Penal Code, who shall violate any provision of this ordi-
nance, shall be deemed guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed Two Hundred Dollars
($ 200.00) . Each day any violation of this ordinance shall con-
tinue shall constitute a separate violation.
Section 7. The City Commission officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Commission
was posted at a place convenient to the public at the City Hall
of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Article 6252-17, Texas
Revised Civil Statutes Annotated; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Commission further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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Ordinance No. 1168 , Page 3.
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PASSED AND APPROVED this the 19th day of September, 1979.
CITY OF LA PORTE
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J. J. Meza, Ma~
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ATTEST:
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C ty c1erk;j
APPROVED:
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City Attorney
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