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Home My WebLink About2248 06-23-2020ORDINANCE NO. 2248 AN ORDINANCE AMENDING CHAPTER 86, "UTILITIES", ARTICLE II, "WATER AND SANITARY SEWER SYSTEMS," DIVISION I, "GENERALLY", SECTION 8640, "SANITARY AND POLLUTION CONTROL OF AREAS IN PROXIMITY TO THE CITY'S PUBLIC WATER SUPPLY WELLS", SUBSECTION (B), "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in order to preserve and protect the public health, safety and welfare A its citizens the City Council has previously adopted regulations governing the operation, maintenance, improvement and extension of the municipally owned water and sewerage system; and WHEREAS, the City of Euless, Texas owns and operates water supply facilities within the City, including three (3) water 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 to the protection of the health and safety of the residents of the City, the City Council has determined that it is necessary and proper to establish rules and regulations governing the control of sanitary conditions around the wells; and WHEREAS, as part of the City's current efforts to re -drill two of these existing water wells, an updated definition of "Wells" is needed the identifies the specific location of the City's water wells in accordance with the Texas Commission on Environmental Quality (TCEQ) requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Chapter 86, "Utilities", Article II, "Water and Sanitary Sewer Systems", Division I "Generally", Section 86-40, "Sanitary and pollution control of areas in proximity to the city's public water supply wells", Subsection (b), "Definitions", of the Code of Ordinances A the City of Euless be amended to hereafter be and read as follows: (b) Definitions. City Council shall mean the City Council of the City of Euless, Texas. City shall mean the City of Euless, Texas. Person shall mean any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or its legal representatives, agents, successors, or assigns. Wells shall mean the water wells owned and operated by the City, which are more specifically identified and described as follows: WeII Name Coordinates* Site Address Far North Well #2 32052124.9011N, 2591 N. Main St. 970 5'0.20"W Euless, TX 76039 Fuller Well #2 32050125.51 "N, 118 W. Fuller Dr. 97005'0.63"W Euless, TX 76039 1 Mil 9704'56.20"W 1400 N. Main St. 32051'23.14"N Euless, TX 76039 *Coordinate System is GCS WGS 1984 SECTION 2. CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or sections. SECTION 4. PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, Ordinance No. 2248, Page 2 of 3 upon conviction thereof, shall be fined in accordance with Chapter 1, "General Provisions", Section 1-12, "General Penalty," Euless Code of Ordinances. Each instance of a violation of any provision of this ordinance is a separate offense. SECTION 5. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating water and sewer systems that have accrued 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 6. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by the City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING AND APPROVED at a regular meeting of the Euless City Council on June 23, 2020 by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Linda Martin, Mayor APPROVED AS TO FORM: Wayne K. Olson, City Attorney ATTCCT. Ordinance No. 2248, Page 3 of 3 i. ....„. Star-Telegram MEDIA Arlington CltizenJournal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throclvnorton St.I Ft Worth,Tx.76102.6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Death 600565 0004682424 ORDINANCE NO.2248 AN ORDINANCE AMEN ORDINANCE NO.2248 $49.64 1 62-00 Li Attention: Lindsay Wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS,TX 760393543 • Before me,a Notary Public in and for said County and State,this day personally appeared VICTORIA ORDINANCE NO.2248 RODELA, Bid and AN ORDINANCE AMENDING Legal Coordinator CHAPTER 86,"UTILITIES", AR- for the Star-Telegram,published TICLE II, "WATER AND SANI- ORDINANCE NO.2248 g by TARP SEER SYSTEMS,"DIVI- AN ORDINANCE AMENDING the Star-Telegram, Inc.at Fort Worth, SION I, "GENERALLY", SEC- in Tarrant County,Texas;and who, TION 86-40, "SANITARY AND CHAPTERCLE , "WATERLAND SANI- POLLUTION CONTROL OF TARY SEWER SYSTEMS"DiVI- AREAS IN PROXIMITY TO THE SION I after being duly sworn,did depose CITY'S PUBLIC WATER SUPPLY "GENERALLY", SEC- WELLS", SUBSECTION (B), TION 86-40, "SANITARY AND and say that the attached dipping of OFORDINANCES "DEFINITIONS", OF THE CODE AREAS IN PROXIMIT POLLUTION Y TO THE an advertisement was published in OF ORDINANCES OF THE CITY OF EULESS, TEXAS; PROVID- CITY'S PUBLIC WATER SUPPLY the above named paper on the listed ING THAT THIS ORDINANCE WELLS", SUBSECTION (B), SHALL BE CUMULATIVE OF ALL DEFINITIONS", OF THE CODE dates: ORDINANCES; PROVIDING A OF ORDINANCES OF THE CITY I SEVERABILITY CLAUSE; PRO- OF EULESS, TEXAS; PROVID- ! VIDING A PENALTY FOR CLAUSE; ING THAT THIS ORDINANCE TIONS HEREOF; PROVIDING A SHALL BE CUMULATIVE OF ALL SAVINGS CLAUSE; PROVIDING ORDINANCES; PROVIDING. A FOR PUBLICATION IN THE OF- •SEVERABILITY CLAUSE; PRO- FICIAL NEWSPAPER AND PRO- VIDING A PENALTY FOR VIOLA- I 2 Insertion(s) VIDING AN EFFECTIVE DATE. TIONS HEREOF; PROVIDING A SECTION 4. SAVINGS CLAUSE; PROVIDING PENALTY FOR VIOLATION Any . FOR PUBLICATION IN THE OF-- Published On: person,firm or corporation vio- FICIAL NEWSPAPER AND PRO- lating any of the terms and pro- June 25,2020,June 26,2020 visions of this ordinance shall VIDING AN EFFECTIVE DATE. be deemed guilty of a misde- SECTION 4. meanor, and upon conviction PENALTY FOR VIOLATION Any person,firm,or corporation vio- thereof shall be fined in accord- ance with Chapter 1, "General lating any of the terms and pro- Provisions,"Section 1-12,"Gen- visions of this ordinance shall eral Penalty" Euless Code of be deemed guilty of a misde- Ordinances.each such violation meanor, and upon conviction shall be deemed a separate of- thereof shall be fined in accord- fense and shall be punishable as . ance with Chapter 1, "General such hereunder. ',Provisions,"Section 1-12,"Gen- SECTION 6. eral Penalty," Euless Code of PUBLICATION CLAUSE.The cap- Ordinances. each such violation tion,penalty clause, and effec- shall be deemed a separate of tine date clause of this ordi- fense and shall be punishable as nance shall be published in a such hereunder. newspaper of general circulation SECTION 6. in the City of Euless,in compli- PUBLICATION CLAUSE.The cap-. ance with the provisions of Arti-ess tlon,vepenalty clause,sof and eordi- '• cle II, Section 12 of the Euless five. date clause of this ordi-' City Charter. - nance shall be published in a SECTION 7. newspaper of general circulation-: EFFECTIVE DATE. This ordi- in the City of Euless;in compli- (Principal Clerk) nance shall be in full force and ance with the provisions of Ari- effect from and after its pas- cie II,Section 12 of the Euless ; SUBSCRIBED AND SWORN TO sage,as provided by the Euless City Charter. City Charter and the laws of the SECTION 7. State of Texas. EFFECTIVE DATE. This ordi- BEFORE ME,THIS 26th day of PRESENTED AND PASSED ON FIRST AND FINAL READING at 1 nance shall be in full force and J he year of 2020 - a regular meeting of the Euless effect from and after its pas- City Council on June 23, 2020, sage,as provided by.the Euless • by a vote of 7 ayes,0 nays,and • City Charter and the laws of the40 abstentions. State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at 111 a regular meeting of the Euless City Council on June 23, 2020, by a vote of 7 ayes,0 nays,and N Public- 0 abstentions. y r Mg [1 4' I^ rj I'i : 1 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!