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HomeMy WebLinkAbout1403ORDINANCE NO. 1403 (2001 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, ADDING CHAPTER 13.24 TO THE CITY OF SAN LUIS OBISPO'S MUNICIPAL CODE MANDATING THE USE OF RECYCLED WATER WHEREAS, Section 2 of Article X of the California Constitution declares, "that the waste or unreasonable use or unreasonable method of use of water be prevented," and WHEREAS, Section 13550 of the California Water Code declares, "that the use of potable domestic water for nonpotable uses, including but not limited to ... is a waste or an unreasonable use of the water within the meaning of Section 2 of Article X of the California Constitution if recycled water is available which meets all of the following conditions ...• ", and WHEREAS, The recycled water to be distributed by the City of San Luis Obispo will meet the conditions established in Section 13550 of the California Water Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 13.24 "RECYCLED WATER SERVICE" is added to the San Luis Obispo Municipal Code to read as follows: 13.24.010 Statement of Policy When in the judgment of the City, reclaimed water service can be feasibly provided to a particular parcel for particular uses, the Utilities Director shall require the use of reclaimed water in lieu of potable water for those uses. As used herein, the term "feasible" means reclaimed water is available for delivery to the property in compliance with all applicable federal, state, and local laws, ordinances and regulations and such reclaimed water can be delivered to the property at an overall cost to the user which does not exceed the overall cost of potable water service. SECTION 2. Severability If any subdivision, paragraph, sentence, clause, or phrase of the this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. 01403 t' Ic IN Ordinance No. 1403 (2001 Series) Page 2 SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 6th day of November 2001 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 201h day of November 2001, on the following roll call vote: AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and Mayor Settle NOES: None ABSENT: None Mayor Allen Settle A G✓ Lee Price, City Clerk APPROVED AS TO FORM: 0 of AA a A /ffffG.yrfeqPtity Attorney