Ordinance 2017-18 Amending Sale of Bulk Water

ORDINANCE NUMBER 2017-18    

AN ORDINANCE AMENDING ORDINANCE 2009-16 HEREBY INCREASING THE PER GALLON RATE FOR HAULING WATER CONSUMPTION, LIMITING THE MAXIMUM NUMBER OF GALLONS THAT CAN BE PURCHASED IN A DAY, AND DECLARING AN EMERGENCY.

WHEREAS, the Village of Apple Creek in Ordinance 2009-16 established rates and charges for use of the municipal water system; and

WHEREAS, Section 6. Hauling Water in said Ordinance established the rate for sale of water to private individuals for hauling water to private sources; and

WHEREAS, due to large private purchases and ensuing negative impact upon the quality of the Village’s water Council has determined to establish a new rate for sale and limit the maximum number of gallons which can be purchased in a day; and

 

WHEREAS, in the interests of public health, safety and welfare as relates to the Village’s water supply this Ordinance is declared an emergency;

NOW THEREFORE, BE IT RESOLVED by the Council of the Village of Apple Creek, Ohio, that:

 

SECTION ONE:

Section 6. Hauling Water. of Ordinance 2009-16 shall be amended and replaced in its entirety as follows:

“The Village may sell water to private individuals for hauling water to private sources. Water must be picked up during regular working hours of Village employees.  Water must be picked up at the hydrant at the Village’s wastewater treatment plant on Dover Road.  No other hydrant in the village shall be used unless approved as such by the Street Superintendent.  A village employee must be present to dispense said water.  The employee shall complete a sign out form verifying the total number of gallons of water used.  Said form shall be counter-signed and the quantity purchased verified by the purchaser.  The rates for such consumption shall be Three cents ($0.03) per gallon for water purchased.   No more than 10,000 gallons per calendar day may be sold by the Village to private parties. Village council may refuse the sale of such water at any time and for any reason.”

SECTION TWO:

The remainder of Ordinance 2009-16, and as subsequently amended, shall be unaffected by this Ordinance.

SECTION THREE:

This Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately from and after its passage. The reason for the emergency lies in the fact that this Ordinance is necessary for the immediate preservation of public health, safety and welfare. 

SECTION FOUR:

Any prior Ordinances which conflict with the provisions of this Ordinance are hereby repealed to the extent that they are in conflict herewith.

SECTION FIVE:

If any provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions are severable.

PASSED:  September 5, 2017

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