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Ord. 1021 07-30-01ORDINANCE NO. 1021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION'S RULES AND STANDARDS AS THEY APPLY TO INVESTOR -OWNED WATER UTILITIES LOCATED WITHIN THE CITY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE PROVISION OF UTILITY SERVICE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby adopts the Texas Natural Resource Conservation Commission's rules and standards as they apply to investor -owned water utilities located within the City. Section 2. Declaration of Emergency. The Council finds and determines that the need to regulate the provision of utility service inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise 1 ORDINANCE NO. 1021 unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repealer, All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by City Council on its first and only reading. PASSED and APPROVED on First and Only Reading this the 30 day of ,July , A. D., 2001. TOM REID MAYOR ATTEST: Y~UNG ~/R~F'~G/ ~ ~/' ~,TY S E'C"I:~ETA RY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2