HomeMy WebLinkAbout1481 06-26-2001ORDINANCE NO. 1481
AN ORDINANCE AMENDING SECTION 84 -182 "PRIVATE
WATER WELLS AND WELLHEAD PROTECTION ZONE"
OF ARTICLE IV "ZONING DISTRICT REGULATIONS" OF
CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE
CODE OF ORDINANCES OF THE CITY OF EULESS,
TEXAS; REVISING REGULATIONS GOVERNING
INSTALLATION AND USE OF PRIVATE WATER WELLS
WITHIN THE CITY; IMPOSING ADDITIONAL
REQUIREMENTS FOR PRIVATE WATER WELLS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas, operates and maintains a water supply
system to supply potable water to the citizens of the City of Euless; and
WHEREAS, the City Council of the City of Euless, Texas, has enacted
ordinances and regulations designed to ensure the integrity of its public water supply
system; and
WHEREAS, the City Council has also enacted ordinances and regulations
governing the use of private water wells within the city, and
WHEREAS, the unrestrained, unregulated use of private water wells could
jeopardize the city's public water supply system; and
WHEREAS, the City Council of the City of Euless, Texas, finds and determines
that the following revised and additional regulations will further serve to protect the
city's public water supply system from damage or contamination, and will protect the
health, safety and welfare of the citizens of the City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
That Subsection (a) "Private water wells" of Section 84 -182 "Private water
wells and wellhead protection zone" of Division 6 "SUPPLEMENTAL
REGULATIONS APPLICABLE TO ALL DISTRICTS" of Article IV "ZONING DISTRICT
REGULATIONS" of Chapter 84 "UNIFIED DEVELOPMENT CODE" of the Code of
Ordinances of the City of Euless, Texas, as amended, be hereby amended to hereafter
be and 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 water well permit from the
city.
(2) Private water wells; limits to uses, requirements.
A) Private water wells within the corporate limits of the City of
Euless shall be limited to irrigation purposes only.
B) No private water well shall be utilized for domestic water
purposes.
C) Private water wells shall not be connected to the domestic
water supply in any manner.
D) Irrigation systems supplied by a private water well shall not
have any other supply connections from another water
source unless the design and construction of such
connection is approved by the city, and any switching
between such private water well and any other source shall
be done only by city employees.
E) 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) Additional Requirements.
A) Any water provided for irrigation purposes from the City's
public water supply to non - residential customers under this
section shall be subject to a Commercial Supplemental
Irrigation Rate, calculated as one and one -half (1 '/2) times
the Commercial and Industrial Water Service Rate as
provided in Section 30 -35 of this Code.
B) In addition to a water well permit, an electrical permit shall
be obtained for any electrical installation in connection with
the well.
C) The contractor or person drilling the well shall be licensed
by the state and registered with the city.
Ordinance No. 1481, Page 2 of 4
D) Any person or firm performing electrical work shall be
licensed by and registered with the city.
E) The water well permit application shall include a plot plan of
the well site, showing the locations of the well and all
structures and distribution lines in the vicinity.
F) All electrical work must be inspected and approved by city
inspectors before placing the well into operation.
G) Water well contractors must provide verification of
registration of the well with the Texas Department of Water
Well Licensing and Regulations within sixty (60) days of well
completion.
H) The City has the legal authority to require the abandonment
of an existing private water well if the well threatens the
public water supply or the health of its citizens. All
abandonment costs will be the responsibility of the owner.
The abandonment procedures must comply with all
applicable Texas Natural Resource Conservation
Commission (T.N.R.C.C) Rules and Regulations.
1) All wells shall be, while either in use or abandoned, covered
on the top so as to prevent a person from falling into the
well. All abandoned wells not properly covered shall be
filled.
(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.
SECTION 2
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.
Ordinance No. 1481, Page 3 of 4
SECTION 3
Saving Clause. That Chapter 84 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
SECTION 4
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.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 26th day of June, 2001; by a vote of
5- ayes, 1 nays and n abstentions.
APPROVED:
Mary Lib Saleh,
ATTEST:
Susan Crim MC, Ny Secretary
APPROVED AS TO FORM:
Bob McFarland, City Attorney
Ordinance No. 1481, Page 4 of 4