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...... ORIJIIWI( __2007""93 ~ AN ORDINANCE DECLARING THAT A POTENTIAL SHORT AGE OF WATER EXISTS IN THE CITY OF PORTSMOUTH'S WATER SYSTEM AND AUTHORIZING THE CITY MANAGER TO TAKE SPECIAL MEASURES OF PRUDENT MANAGEMENT TO PREVENT A CRUCIAL WATER SHORTAGE FOR THE PRESERVATION OF PUBLIC HEALTH, SAFETY, AND WELFARE. WHEREAS, during the continued existence of climatic, hydrological and other extraordinary conditions, the protection of the health, safety and welfare of the residents of the City of Portsmouth and the other customers served by the Portsmouth water system requires that certain uses of water, non-essential to public health, safety and welfare, be reduced, restricted or curtailed; and WHEREAS, as the conditions of such shortage of potable water becomes increasingly more critical, conservation measures to further reduce consumption or curtail essential water use may be required. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That the City Council finds that there exists an immediate potential for a shortage of potable water in the City of Portsmouth's water system and that increasingly more restrictive conservation measures are required to prevent a crucial water shortage. 2. That the City Manager is hereby directed to implement conservation measures by ordering the restricted use or absolute curtailment of the use of water for certain non-essential purposes for the duration of the water shortage in the manner hereinafter set out. In exercising his discretionary authority and making the determinations set forth herein, the City Manager shall give due consideration to water levels, available and/or usable storage on hand, draw down rate and the projected supply capability in water sources available to the system, system purification and pumping capacity, daily water consumption, and consumption projections ofthe system's customers, prevailing and forecasting weather conditions, fire service requirements, pipeline conditions including breakage, stoppages and leaks, supplementary source data, estimates of minimum essential supplies to preserve public health and safety and such other date pertinent to the past, current and projected water demands. 3. That the provisions of this ordinance or of regulations promulgated hereunder by the City Manager which are hereby authorized, shall not apply to any governmental activity, institution, business or industry which shall be declared by the City Manager, upon a proper showing, to be necessary for the public health, safety and welfare or the prevention of severe economic hardship or the substaritialloss of employment.