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(3) The city or any citizen shall be entitled to pursue all legal and equitable remedies <br />available under the law in order to abate the nuisance and compel compliance with this <br />Ordinance, including injunctive relief and any civil damages the court deems appropriate. <br />(4) Until the Data Center is in compliance with this Ordinance and required noise attenuation <br />measures are implemented and noise limitations met, the data center shall cease <br />operations. <br />ARTICLE 8: Severability <br />If any provision of this Ordinance is found to be invalid by the decision of any court of <br />competent jurisdiction, such invalidity shall not affect the remaining sections, phrases, and <br />provisions of this Ordinance which remain valid and enforceable. <br />ARTICLE 9: Emergency Clause <br />The City of Batesville finds that the immediate implementation of this ordinance is necessary for <br />the preservation of the public's peace, health, safety, welfare, and property, an emergency is <br />hereby declared to exist and that this Ordinance is to be in effect immediately after its adoption. <br />PASSED and APPROVED this day of 2023. <br />APPROVED: <br />Mayor Rick Elumbaugh <br />ATTEST: <br />Denise Johnston, City Clerk <br />7 <br />