Hawk Cove:Ord 04-104

Codification Notes:

Unknown date of adoption

ORDINANCE NO. 04-104

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, REQUIRING WATER LINES BE INSTALLED IN THE GROUND AT A MINIMUM DEPTH OF FORTY-EIGHT (48) INCHES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR SAID ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS DATE OF PUBLICATION.

WHEREAS, the City Council of the City of Hawk Cove has determined water lines have been installed and laid upon the ground; and

WHEREAS, the City Council has determined that in order to protect the public health, safety and welfare of its citizens that all waterlines should be installed at a sufficient depth to protect the City's water system from contamination.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS:

SECTION 1 Incorporation of Recitals.

The above recitals are hereby found to be true and correct and incorporated herein for all purposes.

SECTION 2

The City Council hereby adopts the following ordinance:

Section 1.01.

Water lines within the City shall be laid at a minimum depth of forty-eight (48) inches below the ground surface.

Section 1.02.

A water corporation may not lay water system pipes, mains, or conductors through a City street, alley, or square without the consent of City Council.

SECTION 3 Penalty Clause.

Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $2000.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense.

SECTION 4 Savings Clause.

All rights and remedies of the City of Hawk Cove, Texas are expressly saved as to any and all violations of the provisions of the Ordinance or any other ordinance which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not. under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.

SECTION 5 Cumulative Clause.

This ordinance shall be cumulative of all provisions of State or Federal law and other ordinances of the City of Hawk Cove, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

SECTION 6 Severability Clause.

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 7 Repealer Clause.

Any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodifided, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect.

SECTION 8 Effective Date.

This Ordinance shall become effective immediately upon its passage and publication as required by law.