Loading...
HomeMy WebLinkAboutO-1979-1168 . e ORDINANCE NO. 1168 . 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 - 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 . 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, . 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 . e Ordinance No. 1168 , Page 2. . e 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. . . . e Ordinance No. 1168 , Page 3. . PASSED AND APPROVED this the 19th day of September, 1979. CITY OF LA PORTE 8l""" .Q A J. J. Meza, Ma~ - ATTEST: e ~~~ C ty c1erk;j APPROVED: ~~~ City Attorney . .