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Home My Public Portal AboutOrdinance No. 1011-05 04-12-2005 ORDINANCE NO. 1011-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ESTABLISHING RULES AND REGULATIONS REGARDING SANITATION AND POLLUTION CONTROL OF THE AREAS IN PROXIMITY TO THE CITY'S PUBLIC WATER SUPPLY WELLS. WHEREAS, the City of Richland Hills, Texas (the "City"), owns and operates water supply facilities within the City, including three (3) water wells and related facilities (the "Wells"), which provide potable water to the residents to the City; and WHEREAS, because maintenance of sanitary conditions around such Wells is vital to the protection of the Wells and to the protection to the health and safety of the residents of the City, the City Council deems it 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 RICHLAND HILLS, TEXAS: Section 1. Purpose. A. This Ordinance sets forth uniform requirements for the users 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. B. The objective of this Ordinance 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. Section 2. Definitions. Unless the context requires otherwise, the following terms and phrases, as used in this Ordinance, shall have the meanings hereinafter designated: A. City Council shall mean the City Council of the City of Richland Hills, Texas. B. City shall mean the City of Richland Hills, Texas. C. Ordinance shall mean this Ordinance Establishing Rules and Regulations • Regarding Sanitary and Pollution Control of the Area in Proximity to the City's Public Water Supply Wells. D. 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, agent's successors, or assigns. E. Wells shall mean the water wells owned and operated by the City, which are more specifically identified and described in Exhibit "A" attached hereto and made a part hereof. Section 3. Prohibited Activities, The following activities are prohibited within the designated areas of land surrounding the Wells: A. 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, 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 ft. radius of the Wells. For the purposes of this Ordinance, "improperly constructed water wells" are those wells that do not meet the surface and subsurface construction standards for a public water supply well. B. Construction and/or operation of the or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries are specifically prohibited within, upon, or across any area of land within a 50 ft. radius of the Wells. C. Construction of homes or buildings upon any area of land within a 150 ft. radius of Wells is permitted, provided the restrictions described in items A and B above are met. • • D. Normal farming and ranching operations are not permitted by this Ordinance; provided however, livestock shall not be allowed within a 50 ft. radius of the Wells. Section 4. 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 ft. radius of any Well to conduct any inspection or observation necessary to enforce this Ordinance. Section 5. Penalty Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00. Each day of violation shall constitute a separate offense. Section 6. Required Removal. Any person who shall violate any provision of this Ordinance shall be required to remove the prohibited construction or potential source of contamination within ten days after notification that they are in violation of this Ordinance. • Section 7. Superceding Regulations or Statute. Whenever any applicable statute, regulation, or permit of any state, federal or other agency, having jurisdiction over the subject matter of this Ordinance, is in conflict herewith, the stricter requirements shall apply, unless mandated otherwise. Section 8. Severability. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Richland Hills, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on the first reading this 12th day of April 2005. • • y~'o~trt+~~` TH HONORABLE NELDA S. STRODER • MAYOR a - k~ ~ ATTEST: ~ c v ° ° t ° $ 4 i ~ ` ~ i Sutter, TRMC, City Secretary EFFECTIVE DATE: APRIL 16, 2005 APPROVED TO FORM AND LEGALITY: ~ ' • TIM G. SRALLA, CITY ATTORNEY • INVOICE r>r~ti~i«~~ Star-Telegram Customer ID: CIU08 40o w. 7tn street Invoice Number: 254215741 FORT WORTH. TX 76102 (817) 390.7761 Invoice Date: 4/17/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25421574 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: City of Richland hills Attn RARRARA . WRT(rHT Publication Date: 4/17/05 1lescr~ption Location Col Depth Linage 1~~IU Ratc ~mnunt City of Richland hills - ordin 13580 1 37 37 LINE $1.34 $49.58 CITY OF Ric$$hrrl$~~nd hills - AIV~ji~tNANCE OF tna I I rr COUNCIL Net Amount: $49.58 CITY OF RICHLAND HILLS TEXAS ES- TABLISHING RULES AND REGULATIONS REGRDING SANI- TATION AND POL- LUTION CONTROL OF THE AREAS IN PROXIMITY TO THE CIYT'S PUBLIC WA- TER SUPPLY WELLS. aNY PER- SON WHO SHALL VIOLATE ANY PRO- VISION OF THIS ORDINANCE SHALL BE DEEMED QUILTY OF A MISDEMEAN- COONVhID(;`TIONN • SHALL BE FINED IN AN AMOUNTggNOT TO EACMEDAY OFD VIO- 1~`v P9'~ CHRISTY L. HOLLAND CATION SHALL . ~ ~'r CpN~~TOTE A SEP- - MY COMMISSION EXPIRES PARS E OAF~FENAP_ ;'>;lS~~y:= July 31,2006 PROVE BYD TH THE STATE OF TEXAS &inL'4N couniciL~~, County of Tarrant PRIL 12, Zoos. Before me, a Notary Public in and for said County and State, this day personally appeared Lisa Wesselman, Bld and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say [hat the attached clipping of an advertisement was published in the above med paper on the listed es: BIDS 8L LEGAL DEPT. STAR TLEGRAM (817) 390-7320 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, April 1, 0 Notary Public L~ L~"~ Thank You For Your Payment - _ . - - - - _ _ .~.....W... _ _ - - - _ _ Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 254215741 • Invoice Amount: $49.58 PO Number: Amount Enclosed: ~