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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 4�day of_� 2023. <br /> APPROVED: <br /> Mayor Ric <br /> ATTEST: <br /> L104-1T.)M <br /> Denise Johnston, C Clem <br /> 7 <br />