02-22 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 02-22 <U
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING
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REGULATIONS FOR THE CONSTRUCTION AND/OR DRILLING OF
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WATER WELLS IN PROSPER; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PERMIT AND LICENSE REQUIREMENTS AND FEES;
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PROVIDING FOR INSPECTIONS; PROVIDING FOR CONSTRUCTION
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REQUIREMENTS; PROVIDING FOR MISCELLANEOUS REGULATORY
PROVISIONS; PROVIDING FOR SEVERABILITY, SAVINGS AND
PENALTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (Town Council) has
investigated and determined that it would be in the best interest of the Town of Prosper, Texas
(Prosper) and its inhabitants to establish regulations for the construction, location and/or drilling
of water wells within Prosper and its extraterritorial jurisdiction ("ETT'); and
WHEREAS, the Town Council finds that establishing regulations relating to the
construction, location and/or drilling of water wells and water systems in Prosper and its ETJ, if
same is connected or could be connected to either Prosper's water or sewage system, will help
protect the health, safety and welfare of the citizens of Prosper.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Definitions. The following definitions shall apply in the interpretation and
enforcement of this Ordinance and shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Backflow preventer means a device or means to prevent backflow into Prosper's potable
water system.
City Engineer means an employee of Prosper designated as the City Engineer registered
as a Professional Engineer in the State of Texas or a Consulting Engineer providing
authorized services to Prosper.
Cross connection means a physical connection between Prosper's potable water supply
system and any other water system, including water from wells other than Prosper's wells.
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Existing work means a water well or water system which had been installed prior to the
date of the adoption of this Ordinance.
Person means any individual, firm, partnership, association, corporation, company or
organization of any kind.
Plumbing inspector means any person employed by Prosper for the purpose of inspecting
work and installation in connection with health and safety laws as provided in, or referred
to in, this Ordinance. The plumbing inspector shall be licensed by the Texas State Board
of Plumbing Examiners in accordance with the Plumbing License Law of 1947, as
amended (Vernon's Ann. Civ. St. art. 6243-101).
Public sewer means a common sewer directly controlled by public authority.
Sanitary sewer means a pipe which carries wastewater and excludes storm and surface
water and groundwater.
Septic tank means a watertight receptacle which receives the discharge of a drainage
system or part thereof, which is designed and constructed so as to separate solids from the
liquid, digest organic matter through a period of detention, and allow the liquids to
discharge into the soil outside of the tank through a drain field, disposal or perforated
piping.
Water main means a water -distribution pipe for public or community use.
Water wells means bored wells; dug wells and driven wells developed into the
underground soils, which are to produce water for private use. Water wells are prohibited
unless approved under the provisions of this Ordinance.
SECTION 3: Permits and Licenses. It shall be unlawful for any person to construct,
operate and/or drill a water well or water system in Prosper or its ETJ, as set out in this
Ordinance, without having first procured the necessary licenses and permits as provided for in this
Ordinance. All workmanship and materials shall meet the requirements of this Ordinance in
regard to the drilling, construction, location and operation of such wells and systems. The forms,
plans and other information and documentation required to be provided under this Ordinance will
be approved by the City Engineer only if all provisions of this Ordinance are complied with.
SECTION 4: Licensing Requirements. Construction of water wells shall be performed
only by those holding a valid water well drillers license issued by the state. The license number
shall be displayed during construction at the site of the work. The number shall be clearly
readable from the nearest traveled public roadway. In addition, a copy of the permit approved
and issued by Prosper shall be displayed during construction at the site of the work.
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SECTION 5: Permit, Fees and Inspection.
A. When Permit Required. It shall be unlawful to construct a water well or major
overhaul of a water well without first securing a water well permit. The driller or
work over contractor shall secure written indemnity of Prosper from the person
who has commissioned the well drilling or work over of an existing well before
work may commence.
B. When Permit Not Required. Permits are not required for routine maintenance, as
determined by the City Engineer, of pre-existing wells.
C. Permits Not Transferable. Each permit issued under this Ordinance shall be
personal to the permittee. No such permit shall be assigned or transferred to
another person, and no person shall permit another person to obtain a permit in
his/her name or permit any new well construction or major overhaul work to be
performed under his/her permit other than a person authorized to do the same.
D. False Statement or Bad Faith. Any person who shall willfully make any false
statement in order to obtain a permit shall be guilty of a misdemeanor and subject
to the penalty provided herein. Bad faith or unreasonable delay in the performance
of work under this Ordinance shall be deemed a sufficient reason for suspension of
the permit of the well driller so offending and no further permit shall be issued until
such act of bad faith or unreasonable delay has been corrected.
E. Issuance of Permit. The plumbing inspector, or his designated representative, shall
issue all plumbing permits in accordance with the provisions and requirements of
this Ordinance. All application for permits shall give the following information:
Name, address and telephone number of the well driller;
2. Number of well drillers license;
Name, address and telephone number of property owner;
4. A plan of the property that shows the location of the proposed water well,
all buildings, septic tanks, drain fields and other significant structures. The
plan shall also show the location of structures an adjacent property if within
ten (10) feet of the property line; and
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5. Any other information deemed necessary by Prosper.
F. Duration of Permits. Every permit issued under the provisions of this Ordinance
shall expire ninety (90) days after the date thereof, unless the work authorized by
such permit shall have been commenced within such time; every permit shall expire
if the work authorized by such permit is suspended or abandoned for as long as
ninety (90) days after it has been commenced. In every case where a permit is
permitted to expire, a new permit shall be obtained before any work is resumed.
G. Permit and Inspection Fees. The permit and inspection fees provided in this
Ordinance shall be paid to Prosper before the issuance of a permit and before any
work is started. The fees shall be fifty dollars ($50.00).
H. Inspections and Tests. The City Engineer shall have the right, at any time, to enter
the property for the purpose of inspections to ensure compliance with this
Ordinance. In addition, the City Engineer or the plumbing inspector shall have the
right to enter the property at any time in the future for the purpose of inspections
to ensure that there are no cross -connections. Upon completion of the well, the
well driller shall furnish the City Engineer with a copy of the driller's log and a
copy of the water analysis. Any well that is not completed shall be sealed and
considered a plugged or an abandoned well.
SECTION 6: Construction Requirements.
A. Casing. A casing of steel or other approved material shall be provided to prevent
caving of the formations penetrated and also to ensure protection of water supply
from contamination by water from shallow strata. The wall shall be cased from the
bottom of the drilled hole to twenty four (24) inches above the finish grade or
more if required to keep surface water from entering casing. The well casing shall
be cemented in place and sealed to protect the underground water formation from
potential contamination resulting from surface water or individual waste disposal
systems (ie. septic tanks).
B. Well seal. The annular space between the drilled hole and the well casing shall be
sealed with concrete or grout for a depth of at least ten (10) feet above the water
producing formation. The casing shall be covered at the ground with a concrete
slab no less than twenty-four (24) inches by twenty-four (24) inches by twelve (12)
inches. The top of the slab shall protrude six (6) inches above finished grade and
shall be sloped away from the casing. The top of the casing shall be provided with
a suitable well seal to prevent contamination of the well. If a vent is provided on
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the casing, it shall be equipped with an elbow turned downward and screened with
a 16-mesh screen.
C. Disinfection of Wells and Equipment. Upon completion of the well, but before it is
placed into service, the well and equipment shall be disinfected by the use of
chlorine (powdered, tablet or solution).
D. Water Samples. After the chlorine has been flushed, a sample of water shall be
analyzed for purity. The well shall not be placed into service until the water has
been tested and found to be suitable for human consumption.
E. Abandonment of Wells. Permanently abandoned wells shall be filled with cement
grout or concrete. Abandoned wells shall not be used for the disposal of
wastewater, septic tank effluent or other wastes.
F. Screening. The water bearing formation shall be screened to control, among other
similar conditions, the flow or production of sands and formation materials.
G. Compliance with TNRCC Rules and Regulations. Permittee shall comply with any
and all TNRCC rules and regulations.
SECTION 7: Applicability of State Regulations. The regulations of the TNRCC and the
Texas Water Well Drillers Act, as existing or as may be amended and as they pertain to the
construction of water wells, shall be and are hereby incorporated into this Ordinance and must be
strictly complied with.
SECTION 8: Domestic Use. No more than one (1) household may be served by a single
water well if the water is for use inside the house.
SECTION 9: Commercial Use. It shall be unlawful for a commercial water well to be
used for domestic (household) use or for consumption by the public. Any irrigation water well
must be constructed in accordance with the provisions of this Ordinance.
SECTION 10: Location. Water wells shall be constructed no closer to property lines or
significant structures than the following distances:
A. Front property line: twenty-five (25) feet;
B. Side property lines: five (5) feet;
C. Rear property lines: ten (10) feet;
D. Buildings: five (5) feet;
E. Power lines: thirty (30) feet;
F. Septic tanks and drain fields: one hundred, fifty (150) feet;
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G. Barns and animal pens: one hundred, fifty (150) feet; and
H. Permanent derricks and towers: no closer than forty (40) feet to side property lines
SECTION 11: Sewer Charges. Prosper is required to charge for water discharges into
the public sewer on the basis of actual quantity of water discharge into the sanitary sewer. The
method of determining this quantity is based on estimates made from the water meter readings;
therefore, when a water well is being used the following shall apply:
A. Water well used only for yard or irrigation watering and other uses not connected
with the sanitary sewer: No change in sewer charges is required.
B. Residential water wells used in such a manner that all or a portion of the well
water enters the public sewer: Sewer charge shall be based on a minimum of ten
thousand (10,000) gallons a month discharged entering the sanitary sewer.
C. Water wells used for purposes other than residential use where all or a portion of
the well water enters the public sewer: The person being charged for sewer has
the following options:
Water being discharged into the sanitary sewer will be estimated by
Prosper based on each individual case; or
b. A wastewater meter shall be installed and maintained by Prosper, but all
costs incurred by Prosper will be charged to the person using the public
sewer.
SECTION 12: Cross Connections. There shall be no physical connection between water
from water wells and Prosper's water mains. The use of valves, check valves, backflow
preventers, etc., as a means of connecting the water systems is prohibited. There shall be a
physical separation of at least twelve (12) inches (air gap) between systems.
SECTION 13: Debris, etc. on Public Rights -of -Way. There shall be no debris, dirty
water, mud or any other refuse dumped and/or discharged onto public rights -of -way. The drilling
operation of any well shall control and dispose of, among other things, all drilling, cuttings, mud
and water so as not to create a mud pit or disposal operation at the well site.
SECTION 14: Penalty. Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
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SECTION 15: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 16: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION IT Effective Date. This Ordinance shall become effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 1 day of �uh& 2002.
CTLY
AMBER PHILLIPS,
Town Secretary
J S DUNMIRE, Mayor
DATE(s) OFPUBLICATION. �%L-� �(J in the ) 11111'1 ./
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n�� reCord.i N
Hew rew n to
CRY of Prosper
N.O. Box 307
Prosper, TX 76078
05190 01664 - I
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL. OR USE OF THE
DESCRIGED HE AI F'OPERTY 3ECAliSi OF COLOR OR RACE IS INVALID AND
UNENFOP,CE�dLEU' 7EPFEOE.TALLAK (COUNTY OFCOLUN)
(THE STATE OF TEXA:' lite Numbel Sequence On
dehe1 that ItIt enOfficial
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�and was ddlY RECORDED, in the OcialPDc
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RewdsotRealP10v-q
J U N 14 2002 oQ`OF f,OLLµcoG
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Filed fo-r Record in:
Collin CoLuit' , McKinney TX
Honorable Heen Starnes
Collin L'ounty Clerk
On Jun 14 2002
At 11:43am
Doc/NLIm : 2002- 0085469
Recording/'Type:OR 23.0
Receipt #: 21314
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who
being by me duly sworn, deposes and says that he is the Publisher of The McKinney
Courier -Gazette and that said newspaper meets the requirements of Section 201.004,
201.005 and 201.006 of the Texas Government Code, to wit:
1. It devotes not less than twenty-five percent (25%) of its total ind
2
3
4
5
column lineage to general interest items;
It is published at least once each week;
It is entered as second-class postal matter in the county
where it is published;
Printer's Fee $ % % --
No. Cba-aa
J�� ;2 A'Ze�
it has been published regularly and continuously since 1897; and
it is generally circulated within Collin County.
Publisher further deposes and says that the attached notice was published in said
newspaper on the following date(s) to wit;
SUBSCRIBED AND SWORN BEFORE ME by James E. Moser, who
ais personally know to me, or
b) provided the following evidence to establish
his identity,
on this the (32�~day of A.D. 2002
to certify which witness my n and seal of office.
No P blic, State of Texas
LAVERNE GRAVES
Notary Public, State of Texas
My Commission Expires
05.12.2005
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Votices Legal Notices Legal Notices Legal Notices Legal Notices
wnt of one
ent 0 00%) of
mtract price.
ayment have
d through the
inty budget
by the
;rs' Court for
year only.
nay obtain
;ifications and
ents from the
y Purchasing
200 S.
t., Suite 230,
75069.(972)
;aled bids will
opened on
ly 2, 2002 at
by the
Agent in the
Conference
house, 210 S.
Street,
TX. The
'rS' Court
right to reject
ds.
To be published in the
McKinney Courier -Gazette
on Thursday, June 13 and
Thursday, June 20. 2002.
LEGAL NOTICE
By order of the
Commissioners' Court of
Collin County. Texas.
sealed proposals will be
received by the County
Auditor, 210 S. McDonald
St., Suite 636. McKinney,
TX 75069, until 2:00 PM,
Wednesday, July 3, 2002,
for competitive proposals
on Substance Abuse
Treatment, Anger
Management, Sex
Offender, and
Psychological
Assessment/Counseling
Services, (RFP No.
05116-02), (CO No. 2002-
446-06-11). Proposers
should use lump sum
pricing. Funds for payment
have been provided
through the Collin County
budget approved by the
Commissioners' Court for
this fiscal year only.
Proposers may obtain
detailed specifications and
other documents online at
www.demandstar.com or
by calling Demand Star at
1-800-711-1712. Sealed
proposals will be publicly
opened on Wednesday,
July 3, 2002 at 2:00 PM
by the Purchasing Agent in
the 6th Floor Conference
Room, Courthouse, 210 S.
McDonald Street,
McKinney. - TX. The
Commissioners' Court
reserves the right to reject
any and all proposers
To be published in
McKinney Courier -Gazette
Thursday, June 20, 2002,
LEGAL NOTICE
Town of Prosper.. Texas
Ordinance No. 02-21
An Ordinance of the Town of
Prosper, Texas declaring and
establishing a portion of S H.
289 (Preston Road) from
intersection of S.H. 289
(Preston Road) and U.S.
Highway 380 North to the
intersection of S H. 289
(Preston Road) and FM Road
1461 a "NO PASSING ZONE";
providing for repealing,
savings and severability
clauses; providing for an
effective date of this
Ordinance,
and providing for
the publication of the captio�
hereof.
To be published in the
McKinney Courier -Gazette on
Thursday, June 20. 2002.
LEGAL NOTICE
Town of Prosper. Texas
Ordinance No. 02-22
An Ordinance of the Town of
Prosper, Texas, establishing
regulations for the construction
and/or drilling of water wells in
Prosper: Providing for
definitions: providing for permit
and license requirements and
fees, providing for inspections;
providing for construction
requirements; providing for
miscellaneous regulatory
provisions; providing for
severability. savings and
penalty clauses; providing for
an effective date; and
providing for the publication of
.the caption hereof. 4
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