HomeMy WebLinkAboutOrdinance No. 04-1563 CITY OF THE COLONY
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING CHAPTER 12 OF THE CODES OF ORDINANCES,
AMENDING SUBSECTION 12-83 TO PROVIDE REGULATIONS FOR
LINES AND APPURTENANCES CONVEYING WELL WATER TO BE
EXTENDED TO ADJACENT PROPERTIES UNDER SPECIFIC
CONDITIONS WHEN LOCATED IN THE CITY OF THE COLONY,
TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING
FOR A PENALITY OR FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) PER DAY FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony desires to amend the well drilling code; and
WHEREAS, after due deliberations and consideration the City Council of the City of
The Colony finds that it is in the public interest to amend Chapter 12 subsection 12-83 of the
Code of Ordinances to provide regulations for the extension of lines and appurtenances for the
conveyance of well water to adjacent properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.
AMEND SUBSECTION 12-83 AS FOLLOWS
That Chapter 12 'Municipal Utilities and Services' Subsection 12-83 of the Code of
Ordinances is hereby amended to read as follows:
"Sec. 12-83. Scope of article.
The provisions of this article shall apply to all wells. Furthermore, the owner of any proposed
well shall be required to apply and receive from the city a permit to construct such a well or
opening, the application for which shall supply all the information required, and for such permit
the city shall charge and receive the fee hereinafter provided for. The sole intent and purpose of
this permit and license issued to the property owner/owners shall be for their exclusive use.
Extension of lines and appurtenances to adjacent properties is expressly prohibited, except when
all the following conditions are met.
(1) Such lines and appurtenances extend to properties owned by the same owner or operator;
(2) Such lines and appurtenances cross city easements or right-of-ways per a city approved
agreement;
(3) The well water is being used only for irrigation water or make-up water for ponds and
lakes;
(4) The water is not being sold and the owner or operator shall submit to a reasonable request
to an audit;
(5) The total area of the properties being provided irrigation water does not exceed 110-acres;
(6) Water transmitted through the lines and appurtenances is supplied by no more than one
well;
(7) If requested by the Engineering Services Director, an engineering analysis is provided
demonstrating that the well will not negatively impact water production for drinking
water supply from existing or planned city wells which produce or are planned to produce
water from the same source aquifer as the permitted well; and
(8) For irrigation systems, if requested by the Engineering Services Director, an engineering
analysis is provided demonstrating that the well and irrigation transmission system will
not negatively impact the city's water capital improvement projects as presented in the
water impact fee analysis."
SECTION 3.
REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances, except for those instances where there are direct conflicts
with the provisions of this Ordinance. That all ordinances of the City, or parts thereof, that are in
conflict with the provisions of this Ordinance, are hereby repealed to the extent that they are
inconsistent with this Ordinance. All other ordinances of the City not in conflict with the
provisions of this Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the City of The Colony, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting radio, television, and
wireless communication facilities which have secured at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance 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 6.
PENALTY
Any person, firm or corporation violating any of the provisions of this ordinance, as
amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal
Court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) per day for each offense.
SECTION 7.
EFFECTIVE DATE
This ordinance shall take effect immediately after its passage and publication as provided
by law.
2y SED ANA) APPROVED by the City Council of the City of The Colony, Texas, this
of~~.~ 2004.
tyDillard, Mayor
of The Colony, Texas
ATTE :
City of The Colony, Texas
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