HomeMy WebLinkAbout2028 04-08-2014 ORDINANCE NO. 2028
AN ORDINANCE AMENDING CHAPTER 86, "UTILITIES", ARTICLE II,
"WATER AND SANITARY SEWER SYSTEMS," DIVISION I,
"GENERALLY," OF THE CODE OF ORDINANCES OF THE CITY OF
EULESS, TEXAS BY ESTABLISHING RULES AND REGULATIONS
REGARDING SANITATION AND POLLUTION CONTROL OF THE
AREAS IN PROXIMITY TO THE CITY'S PUBLIC WATER SUPPLY
WELLS; 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
of 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 and related facilities, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1.
THAT Chapter 86, "Utilities", Article II, "Water and Sanitary Sewer Systems",
Division I "Generally," of the Code of Ordinances of the City of Euless is hereby
amended by adding Section 86-40 to read as follows:
Sec. 86-40. Sanitary and pollution control of areas in proximity to the city's
public water supply wells.
(a) Purpose.
This section sets forth uniform requirements for 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.
The objective of this section 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.
(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 in Exhibit "A" attached to the ordinance
adopting this section and made a part thereof.
(c) Prohibited Activities
The following activities are prohibited within the designated areas of land
surrounding the Wells:
(1) Construction and/or operation of any underground petroleum and/or
chemical storage tank, liquid transmission pipeline, stock pen, feedlot,
dump grounds, privy, cesspool, septic tank, sewage treatment plant,
sewage wet well, sewage pumping station, drainage ditch which contains
industrial waste discharges or the wastes from sewage treatment systems,
solid waste disposal site, land on which sewage plant or septic tank
sludge is applied, land irrigated by sewage plant effluent, septic tank
perforated drain field, absorption bed, evapotranspiration bed, area
irrigated by low dosage, low angle spray on-site sewage facility, military
facility, industrial facility, wood treatment facility, liquid petroleum and
petrochemical production, storage, and/or transmission facility, Class 1, 2,
3, and/or 4 injection well, pesticide storage and/or mixing facility,
Ordinance No. 2028, Page 2 of 5
abandoned well, inoperative well, improperly constructed water well 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 section,
"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 and/or operation 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 50-foot radius
of the Wells.
(d) Permitted Activities
(1) 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
subsection (c) above are met.
(2) Normal farming and ranching operations are not prohibited by this section;
provided, however, livestock shall not be allowed within a 50-foot radius of
the Wells.
(e) 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 section.
(f) Required Removal
Any person who shall violate any provision of this section shall be required to
immediately cease construction and/or remove the prohibited building, use or potential
source of contamination within 90 days after notification that they are in violation of this
section.
SECTION 3.
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.
Ordinance No. 2028, Page 3 of 5
SECTION 4.
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 5.
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,
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 6.
SAVING 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 7.
PUBLICATION. 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 8.
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.
Ordinance No. 2028, Page 4 of 5
PRESENTED AND GIVEN FIRST AND FINAL READING AND APPROVED at a
regular meeting of the Euless City Council on the 8 day of April, 2014 by a vote of
7 ayes, 0 nays, and 0 abstentions.
APPROVED: ATTEST:
7
Mary Lib St eh, Mayor im :utter, TMRC, City Secretary
APPROVED AS TO FORM:
1
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Wayne K. Olson, Cit Attorney
Ordinance No. 2028, Page 5 of 5