HomeMy WebLinkAboutOrdinance No. 07-1715
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- 111b
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, BY AMENDING
CHAPTER 12, MUNICIPAL UTILITIES AND SERVICES, ARTICLE V,
WELL DRILLING, BY ADDING SECTION 12-92.01 FLOW METERING
AND REPORTING; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE
OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 12 of the Code of Ordinances provides for municipal utilities and
services within the City of The Colony; and
WHEREAS, after review of the provisions contained in Chapter 12, Article V, Well
Drilling, the staff feels that such provisions should be amended and updated to provide for Flow
Metering and Reporting; and
WHEREAS, upon consideration, the City Council finds that it would be in the best interest
of the City to amend Chapter 12, Article V, Well Drilling, by adding Section 12-92.01 to provide
for Flow Metering and Reporting as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be hereby
amended by amending Chapter 12, Article V, "Well Drilling" by adding Section 12-92.01, "Flow
Metering and Reporting," which shall read as follows:
"Chapter 12
MUNICIPAL UTILITIES AND SERVICES
ARTICLE V. WELL DRILLING
Sec. 12-92.01. Flow Metering and Reporting
Any and all water wells whether or not permitted under this article shall comply with this
section. All wells shall be metered by the owner. The owner shall record and maintain a
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permanent record of flow rates and service records for such meter. Meter devices shall be
calibrated upon installation and as needed, but in no case at intervals greater than once per year.
Flow data and meter calibration certification shall be submitted to the city on forms approved by
the city no later than the first day of October each year. Flow metering devices shall be approved
prior to installation or replacement by the Engineering Department. The City may impose a
maximum volume of water that may be removed from the well annually if the rate of access to
the water may potentially impact the city water supply source. The City Manager or a designated
official may grant special exceptions to these requirements to permit holders in special cases
where access to the water source would not potentially impact the city water supply source.
(1) The City Manager shall decide all petitions for special exceptions from the requirements
of this ordinance. All petitions for special exceptions must be in writing, addressed to the
Director of Engineering, City of The Colony, 6800 Main Street, The Colony, Texas
75056 and shall include the following information:
a. Name and address of the petitioners;
b. Purpose of water use;
c. Specific aquifer and zone within the aquifer that the water is taken from;
d. Explanation of why such relief is needed;
e. Hydrogeologic analysis of the impacts of the proposed well on the city's water supply
wells; and
f. Other pertinent information.
(2) Special exception shall be granted only under the following circumstances and
conditions:
a. The applicant must sign a compliance agreement on forms provided by the city,
agreeing to use the water only in the amount and manner permitted by the special
exception;
b. Granting of special exception must not cause an immediate significant reduction in
the city's water supply or water shortages;
c. The health, safety and welfare of other persons must not be adversely affected by the
granting of the special exception; and
e. The petitioners are currently in full compliance with this ordinance and have been
continuously for the previous 24-months.
(3) A granted special exception may be revoked under the following circumstances:
a. That the conditions of subsection (1) of this section are no longer being met;
b. Upon a person's second violation of this ordinance within a 12-month period;
c. The terms of the compliance agreement are violated; or
d. The health and safety of other persons requires that the special exception be revoked.
"
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SECTION 2. 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 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions ofthis 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 4. Any person, firm, or corporation violating any of the provisions of this
ordinance 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) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 7th day of Mav. 2007.
'v\.
Robert E. Hager, Ci
(REH/cdb 04/30
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