HomeMy WebLinkAboutOrdinance No. 03-1511 ORDINANCE NO. ~/~//
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, "AMMENDING THE CODE OF ORDINANCE BY
ADDING CHAPTER 12, ARTICLE V, SECTION 12.100.01 THROUGH
12.100.06 TO ESTABLISH OF RULES AND REGULATIONS
REGARDING SANITATION AND POLLUTION CONTROL OF THE
AREAS IN PROXIMITY TO THE CITY'S PUBLIC WATER SUPPLY
WELLS. PROVIDING FOR DEFINITIONS; PROVIDING A PENALTY
NOT TO EXCEED $2,000.00 AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES AND INCLUDING
PROVISIONS FOR THE AUTHORIZATION TO SEEK INJUNCTIVE
RELIEF TO ENJOIN VIOLATIONS VCHICH CONSTITUTE AN
IMMINENT HAZARD OR DANGER TO PUBLIC HEALTH AND
SAFETY; PROVIDING THAT THIS ORDINANC IS CUMULATIVE OF
ALL OTHER ORDINANCES; PROVIDING FOR SAVINGS; PROVIDING
SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas is a Texas Home Rule municipality
with full power of local self government as provided by Article 11, Section 5 of the
Texas Constitution and its Home Rule Charter, and is located in Denton County, Texas,
and
WHEREAS, the City Council of the City of The Colony, Texas, is empowered
under the Texas Local Government Code, Section 51.001 to adopt an ordinance or rule
that is for the good government of the City; and
WHEREAS, the City of The Colony, Texas (the "City"), owns and operates
water supply £acilities within the City, including four (4) water wells and related facilities
(the "Wells"), which provide potable water to the residents of the City; and
WHEREAS, because maintenance of sanitary conditions around such Wells is
vital to the protection of the Wells and so the protection of health and safety of the
residents of the City, the City Council deems it necessary and proper to establish rules
and regulations governing the control of the sanitary conditions around the Wells;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS, MEETING IN REGULAR SESSION ON
DECEMBER 1, 2003:
Section 1. Amendment: That Article V, Chapter 12, The Code of Ordinance
of The City of The Colony is amended by adding section 12.100.01 through
12.100.05 to read as follows:
"Section 12.100.01. Purpose.
(a.) This Ordinance sets forth uniform requirements for the uses and the
construction of facilities in or on land within one hundred fifty feet (150') of the Wells in
order to promote sanitary conditions in and around such Wells, to secure all such land
from pollution hazards, and to enable the City to comply with all applicable state and
local regulations.
(b.) The objective of this Ordinance is to prevent certain uses and the
construction of facilities in or on land surrounding the Wells, which might create a
danger of pollution to the water produced from such Wells.
Section 12.100.02. Definitions.
Unless the context required othe~vise, the following terms and phrases, as used in this
Ordinance, shall have the meanings hereinafter designated:
(a.) City Council shall mean the City Council of the City of The Colony, Texas
(b.) City shall mean the City of The Colony, Texas
(c.) Ordinance shall mean this Ordinance Establishing Rules and Regulations
Regarding Sanitary Sewer and Pollution Control of the Area in Proximity to the City's
Public Water Supply Wells.
(d.) 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 it's legal representatives, agents, successors, or assigns.
(e.) Wells shall mean the water wells owned and operated by the City, which are
more specifically identified and described in Exhibit "A" attached hereto and made a part
hereof.
Section 12.100.03. Prohibited Activities.
The following activities are prohibited within the designated areas of land surrounding
the Wells:
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(a.) 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 Ordinance, "improperly constructed water wells" are those wells that do not meet
the surface and subsurface construction standards for a public water supply well.
(b.) 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 5-foot radius of the Wells.
(c.) 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 A and B
above are met.
(d.) Normal farming and ranching operations are not prohibited by this
Ordinance; provided; however, livestock shall not be allowed within a 50-foot radius of
the Wells.
Section 12.100.04. Right of Entry.
City employees, or authorized representatives of the City, bearing proper credentials and
identification, shall be permitted to immediately enter upon any premises located within a
150-foot radius of any Well to conduct any inspection or observation necessary to
enforce this Ordinance.
Section 12.100.05. Penalty
(a.) Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to
exceed $2,000.00. Each day of violation shall constitute a separate offense.
(b.) If the governing body of the City of The Colony determines that a violation
of this Ordinance creates a threat to the public safety, the City of The Colony may bring
suit in the district court of the county in which the person who committed the offense
resides or has an office to enjoin the person, firm, partnership, corporation, or association
from engaging in the prohibited activity. The City is not required to give bond as a
condition to the issuance of injunctive rehef.
Section 2. Supercedine Regulation or Statute.
Whenever any applicable statute, regulation or permit of any state, federal, or other
agency, having jurisdiction over the subject matter of this Ordinance, is in conflict
herewith, the stricter requirement shall apply, unless mandated otherwise.
Section 3. Cumulative.
This Ordinance shall be cumulative of all provisions of all Ordinances of the City of The
Colony, Texas, except where the provisions of this Ordinance arc in direct conflict with
the provisions of such ordinances, in which event thc conflicting provisions of such
ordinances are hereby repealed.
Section 4. Savings.
All fights and remedies of the City of The Colony are expressly saved as to any and all
violations of the provisions of any Ordinances affecting: maintenance of sanitary
conditions around water supply facilities within the City and which have accrued at the
time of thc 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.
It is hereby declared to be the intention of the City Council of Thc City of Thc Colony
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance
should be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the City Council without incorporation in this Ordinance of
any such unconstitutional phrase, clause, sentence, paragraph, or section.
Section 6..Publication.
The City Secretary of the City of The Colony is hereby directed to publish in thc Official
Newspaper of the City of Thc Colony the Caption, Penalty and Effective Date Clause of
this Ordinance as required by Section 52.011 of the Local Government Code.
Section 7. Engrossment and Enrollment.
The City Secretary of thc City of The Colony is hereby directed to engross and enroll this
Ordinance by copying thc exact Caption and the Effective Date clause in the minutes of
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the City Council of the City of The Colony and by filing this Ordinance in the Ordinance
records of the City.
Section 8. Effective Date.
This Ordinance shall be in full force and effect from and after its date of passage, in
accordance with law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this l.r~ day
APPROVED:
~..hn Dillard, Mayor
City of The Colony, Texas
Patti Hicks, City Secretary
City of The Colony, Texas
[Seal]
Robert H~,.~-Attomey
City of The ~'~ny, Texas
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