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ORDINANCE NO. 2011 - 31 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS TEMPORARILY SUSPENDING THE IMPLEMENTATION OF STAGE 3 WATER USE RESTRICTIONS THROUGH OCTOBER 1, 2011 UNLESS NECESSARY TO ACHIEVE GROUND WATER PUMPING LIMITATIONS IMPOSED BY THE EDWARDS AQUIFER AUTHORITY OR SURFACE WATER PUMPING RESTRICTIONS RECOMMENDED OR IMPOSED BY THE GUADALUPE - BLANCO RIVER AUTHORITY; INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos has voluntarily reduced its pumping of ground water from the Edwards Aquifer to levels significantly below the limits of its permit by making capital investments in infrastructure and by entering into contractual agreements with the Guadalupe - Blanco River Authority to increase the city's reliance on surface water for municipal use; 2. The City has consistently achieved more than a 35% withdrawal reduction (below its permit) within the San Antonio Pool of the Edwards Aquifer • without the need to implement the additional Stage 3 water use allowance and retriction measures set forth in Section 86.062 of the San Marcos City Code due to the city's increased reliance on surface water for municipal use. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The Stage 3 water use allowances and restrictions set forth in Section 86.062 of the San Marcos City Code are hereby suspended temporarily until October 1, 2011. Stage 2 restrictions or lower (as applicable based on actual drought response stage conditions) shall apply in lieu of the Stage 3 restrictions during the suspension period unless the director determines that implementation of Stage 3 measures is necessary to achieve withdrawal limitations imposed by the Edwards Aquifer Authority or limitations recommended or imposed by the Guadalupe - Blanco River Authority. Under no circumstances shall the City of San Marcos' withdrawals from the Edwards Aquifer exceed the limitations imposed by the Edwards Aquifer Authority. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect • without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in