(a) 
This article sets forth uniform requirements for the use and the construction of facilities in or on land within one hundred fifty feet (150') of the city water supply facilities within the city, including water wells and related facilities (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 article is to prevent certain uses and the construction of facilities in or on land surrounding the wells, which might cause a danger of pollution to the water produced from such wells.
(Ordinance 1176 adopted 8/7/07)
Unless the context requires otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
Article.
This article establishing rules and regulations regarding sanitary and pollution control of the area in proximity to the city’s public water supply wells.
Person.
Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, governmental entity, or any other legal entity, or its legal representatives, agents, successors, or assigns.
Wells.
The water wells and sites owned and operated by the city.
(Ordinance 1176 adopted 8/7/07)
The following activities are prohibited within the designated areas of land surrounding the wells:
(1) 
Construction and/or operation of underground petroleum and/or chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tanks, sewage treatment drain fields, absorption beds, evapotransporation beds, improperly constructed water wells 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 article, “improperly constructed water wells” are those wells that do not meet the surface and subsurface construction standards for a public water supply well set forth by the Texas Commission on Environmental Quality (TCEQ), United States Environmental Protection Agency (EPA).
(2) 
Construction 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.
(3) 
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 subsections (1) and (2) above are met.
(4) 
Normal farming and ranching operations are not prohibited by this article; provided, however, livestock shall not be allowed within a 50-foot radius of the wells.
(Ordinance 1176 adopted 8/7/07)
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 article.
(Ordinance 1176 adopted 8/7/07)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day of violation shall constitute a separate offense. The owner shall remove the prohibited source of contamination.
(Ordinance 1176 adopted 8/7/07)
Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provisions of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). However, a fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation including the dumping of refuse may not exceed two thousand dollars ($2,000.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
(Ordinance 1176 adopted 8/7/07)