Editor’s note(s)–Section 26-81, containing water rate schedules, derived from an ordinance of Apr. 19, 1977, sec. 1, has been repealed by sec. 1 of an ordinance of Apr. 3, 1979. Utility schedules are kept on file with the city secretary. Ordinances which have subsequently amended the water rate schedules are as follows: Ordinance adopted 9/29/88; Ordinance adopted 9/7/89; Ordinance adopted 3/19/98; Ordinance adopted 12/6/01; Ordinance adopted 10/2/03; and Ordinance adopted 3/2/06; Ordinance adopted 11/2/06, sec. I.
Editor’s note(s)–An ordinance adopted Oct. 20, 2005, sec. 1, adopted a drought contingency plan and water contingency plan. Said ordinance is on file and available for inspection in the office of the city secretary.
(a) 
Sections 26-83 through 26-89 sets forth uniform requirements for the users and the construction of facilities in or on land within one hundred fifty-five feet (155') of 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 sections 26-83 through 26-89 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.
(Ordinance O-24-011 adopted 4/18/2024)
Unless the context requires otherwise, the following terms and phrases, as used in sections 26-83 through 26-89, shall have the meanings hereinafter designated:
City.
The City of Brenham, Texas.
City council.
The city council of the City of Brenham, Texas.
Ordinance.
Sections 26-83 through 26-89 of this chapter 26 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, estate, governmental entity, or any other legal entity, or its legal representatives, agents, successors, or assigns.
Wells.
All water wells and related facilities owned and operated by the city for providing potable water to the residents and other water utility customers of the city.
(Ordinance O-24-011 adopted 4/18/2024)
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, 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, 4 and/or 5 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 155-foot radius of the wells. For the purposes of sections 26-83 through 26-89, "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 55-foot radius of the wells.
(3) 
Construction of homes or building upon any area of land within a 155-foot radius of the wells is permitted, provided the restrictions described in section 26-85(1) and (2) herein above are met.
(4) 
Normal farming and ranching operations are not prohibited by sections 26-83 through 26-89; provided, however, livestock shall not be allowed within a 55-foot radius of the wells.
(Ordinance O-24-011 adopted 4/18/2024)
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 155-foot radius of any well to conduct any inspection or observation necessary to enforce sections 26-83 through 26-89.
(Ordinance O-24-011 adopted 4/18/2024)
Any person who shall violate any provision of sections 26-83 through 26-89 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in chapter 1, general provisions, section 1-5, general penalty provisions, of this code of the city. Each day of violation shall constitute a separate offense.
(Ordinance O-24-011 adopted 4/18/2024)
Any person who shall violate any provision of sections 26-83 through 26-89 shall be required to remove the prohibited construction or potential source of contamination within seven (7) days after notification that they are in violation of sections 26-83 through 26-89.
(Ordinance O-24-011 adopted 4/18/2024)
Whenever any applicable statute, regulation, or permit of any state, federal, or other agency, having jurisdiction over the subject matter of sections 26-83 through 26-89, is in conflict herewith, the stricter requirement shall apply, unless mandated otherwise.
(Ordinance O-24-011 adopted 4/18/2024)