HomeMy WebLinkAbout1345 11-10-1998ORDINANCE NO. 1 345
AN ORDINANCE AMENDING CHAPTER 84 "UNIFIED DEVELOPMENT
CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS,
TEXAS, AS AMENDED D)o REMOVING SECTION 84 -182 "WELLHEAD
PROTECTION ZONE", AND REPLACING IT Y't9ITH SECTION 84 -182
"PRIMATE WATER WELLS AND WELLHEAD PROTECTION ZONE ";
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY FOR VIOLATION AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS the Planning and Zoning Commission has conducted a Public Hearing on
November 3, 1998, in conjunction with Case Number 98 -07 -UDC and has rendered a
recommendation on this case to City Council;
WHEREAS The City Council has conducted a Public Hearing on November 10, 1998,
considered the recommendation of the Planning and Zoning Commission and has
determined that the proposed change is in the best interest of the general welfare of the
City of Euless;
NOW, THEREFORE, be it ordained by the City Council of the City of Euless, Texas:
That Section 84 -182 "Wellhead Protection Zone" shall be removed and replaced with
Section 84 -182 "Private Water Wells and Wellhead Protection Zone" to read as follows:
a) PRIVATE WATER WELLS:
1) Permit required. It shall be unlawful to drill a private water well within the city
before first obtaining a building permit from the city.
2) Private Water Wells within the corporate limits of the City of Euless shall be
limited to irrigation purposes only. No private water well shall be utilized for
domestic water purposes. Private water wells shall not be connected to the
domestic water supply in any manner. Irrigation systems supplied by a private
water well shall not have any other supply connections from another water source.
Additionally, all private water wells supplying water to an irrigation system shall
have an approved double check valve assembly tested upon installation by a
Texas Natural Resource Conservation Commission (T.N.R.C.C.) certified
backflow prevention device tester or as required by T.N.R.C.C.
3) Maximum depth. The maximum permitted depth of a private water well shall not
exceed 300'.
4) Abandonment of private water wells. Abandonment of private water wells shall be
done in accordance with T.N.R.C.C. requirements after proper notification to
T.N.R.C.C.
b) WELLHEAD PROTECTION ZONE
From and after the effective date hereof, no new or additional fuel storage tanks or
hazardous materials as defined by E.P.A. shall be located within 1400 feet of any
water well; no new or additional private water well shall be located within 1400 feet of
any fuel storage tank or hazardous materials as defined by E.P.A.; and no new or
additional private water wells shall be located within 1,000 feet of any public water
well. Exceptions to these prohibitions may be granted by the City Council on a case -
by -case basis provided that the Council finds that such well or storage site will not
adversely affect the public health, safety, or welfare. Exceptions approved by the
Council shall be in effect for only the well or storage site specifically authorized by
Council.
SECTION II
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 section.
SECTION III
SAVINGS CLAUSE — THAT Chapter 84 of the Code or Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
SECTION IV
PENALTY CLAUSE — THAT any person, firm, or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be liable to a fine in an amount not to exceed $2,000 for each
offense, and each and every day such offense is continued shall constitute a new and
separate offense.
SECTION V
EFFECTIVE DATE — This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
ORDINANCE NO. 1345
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of
the Euless City Council on the November 10, 1998; by a vote of 5 ayes, 1
nays, and 0 abstentions.
APPROVED:
L A
Mary Lib S h, Mayor
ATTEST:
Suean Crim, Cpb?C, City Secretary
APPROVED AS TO FORM:
Bob McFarland, City A or ey
ORDINANCE NO. 1345, Page 3 of 3