HomeMy WebLinkAboutOrdinance No. 2014-2092 CITY OF THE COLONY,TEXAS
ORDINANCE NO.2014- .2 i a--
TEXT AMENDMENTS TO WELL DRILLING ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
CHAPTER 12, "MUNICIPAL UTILITIES AND SERVICES," ARTICLE
V, ENTITLED "WELL DRILLING, DIVISION 2, USE OF LAND NEAR
WELLS" BY REVISING SECTIONS 12-100.02, ENTITLED
"DEFINITIONS" AND 12-100.03, ENTITLED "PROHIBITED
ACTIVITIES;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND
EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, in compliance with
the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, is
of the opinion and finds that said changes should be granted, and that the Code of Ordinances
should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY,TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances, Chapter 12, "Municipal Utilities and
Services," Article V, entitled "Well Drilling, Division 2, Use of Land Near Wells" is hereby
amended by amending Sections 12-100.02 and 12-100.03 to read as follows:
"Sec. 12-100.02. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Ordinance: shall mean this Ordinance No. 03-1511, "Establishing Rules and
Regulations Regarding Sanitary Sewer and Pollution Control of the Area in
Proximity to the City's Public Water Supply Wells."
Person: shall mean any individual, partnership, co-partnership, firm, company,
corporation, association,joint stock company, trust, estate, government entity, or
any other legal entity, or its legal representatives, agents, successors, or assigns.
Wells: shall mean the water wells owned by private operators or owned and
operated by the city, which are more specifically identified and described in
Exhibit "A" attached to Ordinance No. 03-1511, and by this reference made a
part hereof.
Sec. 12-100.03. Prohibited activities.
The following activities are prohibited within the designated areas of land
surrounding the wells:
(1) Construction and/or operation of underground petroleum and/or chemical
storage tanks and liquid transmission pipelines, stock pens, feedlots,
dump grounds, privies, cesspools, septic tanks, sewage treatment drain
fields, absorption beds, evapotranspiration beds, improperly constructed
water wells of any depth, and all other construction or operation that
could create an unsanitary condition is prohibited within, upon, or across
all areas of land within a 150-foot radius of the wells. For the purposes of
this article, "improperly constructed water wells" are those wells that do
not meet the surface and subsurface construction standards for a public
water supply well.
(2) Construction of tile or concrete sanitary sewers, sewer appurtenances,
septic tanks, storm sewers, and cemeteries is specifically prohibited
within, upon, or across any area of land within a fifty (50) foot radius of
the wells.
(3) Construction of homes or buildings upon any area of land within a 150-
foot radius of the wells is permitted, provided the restrictions described in
items (1) and (2) above are met.
(4) Normal farming and ranching operations are not prohibited by this
division; provided, however, livestock shall not be allowed within a fifty
(50) foot radius of the wells."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance; and the City Council hereby declares it would have
passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 4. That all provisions of the ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed,
and all other provisions of the ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5. That any person, firm or corporation violating a provision of this
Ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in the sum
not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
SECTION 6. That this Ordinance shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED BY THE CITY : . IL OF T . - ITY OF THE
COLONY, TEXAS, THIS 16th day of SEPTEMBE ,2014.
Jo-Wiry, Mayor j &Vr-
ATTE : A
1 Maki roe-
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4 AI' LAJA ILE
Christie Wilson, City Secretary
of Ti.j
• " ' IVEDASTI _O- RM: s' y C'0
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(/' Jeff Moo e, City Attorney v
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