HomeMy WebLinkAboutOrdinance No. 2012-23 - (Title: An ordinance amending Chapter 86 of the Code of Ordinances adopting regulations
pertaining to connections with the public water system.)
ORDINANCE NO. 2012-23
AN ORDINANCE AMENDING CHAPTER 86 OF THE
CODE OF ORDINANCES OF THE CITY OF
FRIENDSWOOD, TEXAS, TO PROVIDE FOR THE
ADOPTION OF REGULATIONS REQUIRING
CONNECTION TO THE CITY'S PUBLIC WATER
SUPPLY SYSTEM; AND PROVIDING FOR
SEVERABILITY.
* * * * * * * * * * *
WHEREAS, Section 13.042 of the Texas Water Code provides that the governing body
of each municipality has exclusive original jurisdiction over all water and sewer utility rates,
operations, and services provided by a water and sewer utility within its corporate limits; and
WHEREAS, Section 551.002(b) of the Texas Local Government Code provides that a
home-rule municipality may provide for the protection of and may police any watersheds; and
WHEREAS, the City of Friendswood wishes to amend Chapter 86 of the Code of.
Ordinances in order to adopt a new Section 86-5 entitled "Connection to public water system"
order to require that all property and improvements located within a certain proximity to the
City's public water system must be connected to such system;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Oi�
FRIENDSWOOD, STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. Chapter 86 of the Code of Ordinances of the City of Friendswood, Texas
is hereby amended to include Section 86-5 which shall hereafter read as follows:
"Sec. 86-5.—Connection to public water system.
(a) Every lot, piece or parcel of real property, home, building or structure where a
main or lateral of the City's public water system is laid and maintained within 200 feet of the
boundary line, in the case of real property, or structure, in the case of improvements, shall be
connected to the public water system of the City of Friendswood. After such connection is
established, the utilization of any private well, pump or other means used for the extraction of
groundwater to the property or improvements shall be discontinued, and no connections may be
established for the utilization of any private well, pump or other means used for the extraction of
groundwater to the property or improvements.
(b) Voluntary disconnection from the public water system of the City of Friendswood
is not allowed.
(c) The rules and regulations outlined in Section 86-5(a) shall not apply to municipal
water wells owned and operated by the City of Friendswood, nor shall such rules and regulations
apply to any private well, pump or other groundwater extractive equipment determined to be in
operation on or before October 1, 2012.
(d) Nothing contained herein shall be construed so as to constitute an exemption or
waiver of the rules and regulations, if any, which may be imposed by the Harris-Galveston
Subsidence District."
Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
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 Friendswood, Texas declares that it would have passed each and every
part of the same notwithstanding the omission of any and every part of the same notwithstanding
the omission of any such part thus declared to be invalid or unconstitutional, or whether there be
one or more parts.
PASSED AND APPROVED on first reading this loth day of September,2012.
PASSED, APPROVED, and ADOPTED on second and final reading this 1st day of
October,2012.
Ord 2012-23 2
Kevin M. Hol
Mayor
ATTEST:
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Melinda Welsh,TRMC :p .
City Secretary �* 0
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Ord 2012-23 3
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