HomeMy WebLinkAboutOrdinance - 2000-O0004 - Amending Chapter 21 - - 02/24/2000First Beading Second Reading
February 10, 2000 February 24, 2000
Item No. 28 Item No. 19
ORDINANCE NO. 2000-00004
AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A
NEW ARTICLE IV REGARDING FLOODING RESULTING FROM FILLING IN
PLAYA LAKES LOCATED WITHIN THE EXTRATERRITORIAL LIMITS OF THE
CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the Legislature of State of Texas has heretofore enacted HB 963, 766'
Session, which bill has been codified as Section 401.004 of the Local Government Code;
and
WHEREAS, said HB 963 permits the governing body of a home -rule
municipality of more than 185,000 population to regulate the filling in of playa lakes
within the extraterritorial jurisdiction of the municipality as a flood control measure; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the health, safety and welfare of the citizens of the City of Lubbock and
residents of Lubbock's extraterritorial jurisdiction to regulate the filling in of playa lakes
within the extraterritorial jurisdiction of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding an article to Chapter 21, to be numbered Article IV, which article
shall read as follows:
ARTICLE IV. EXTRATERRITORIAL LAKE AREAS
Section 21-76. Playa Lakes in Extraterritorial Jurisdiction; purpose.
Pursuant to authority granted by Section 401.004 of the Local Government
Code, the City of Lubbock hereby regulates the filling of playa lakes within the
city's extraterritorial jurisdiction as a means for the effective management of
storm water runoff to prevent:
(a) harmful flooding; or
(b) excess surface water.
Section 21-77. Definitions.
"Playa lake" means a natural saucer -like depression in the topography,
typically having a clayey bottom that collects runoff from rain but is subject rapid
evaporation. The term includes all areas within the basin projected to be inundated
by pooled storm water runoff, as determined by an engineering analysis
performed according to this article.
Section 21-78. Exceptions.
This article shall not be deemed to interfere with normal agricultural
practices, including, but not limited to, moving soil, terracing, berming for tail
water reuse, plowing, seeding, cultivating, and harvesting for the production of
food or fiber, or prohibit any practice or activity that does not decrease the water
holding capacity of a playa lake.
Section 21-79. Engineering analysis.
The City Engineer is hereby authorized and directed to prepare an
engineering analysis and a map of any playa lakes within the extraterritorial
jurisdiction of the City of Lubbock as needed. The engineering analysis shall be
performed in accordance with current engineering requirements for playa lakes
approved and adopted by the City of Lubbock.
Section 21-80. Prohibited acts.
(a) It shall be deemed a nuisance to reduce the water holding capacity
of any playa lake located within the extraterritorial jurisdiction of the City of
Lubbock.
(b) The dumping or other placing of any dirt, debris, or other solid
materials below the indicated high water level in any playa lake within the
extraterritorial limits of the City of Lubbock shall constitute a nuisance.
Section 21-81. Fills generally.
In the event that the owner of a playa lake with the City's extraterritorial
jurisdiction desires to cut and fill a playa lake, the regulations provided in Article
III of this Chapter for playa lakes located within the City limits shall also apply to
playa lakes located within the City's extraterritorial jurisdiction.
Section 21-82. Abatement of nuisances.
Nuisances under this article pertaining to playa lakes located within the
City's extraterritorial jurisdiction may be abated in the same manner as is
provided for by Article III of this Chapter for playa lakes located within the City
limits.
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SECTION 2. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 10thday of February , 2000.
Passed by the City Council on second reading this 24th day of February , 2000.
ATTEST:
a arne
APPR VED_4
City Secretary
TO CONTENT:
Hertel,,City Engineer
APPROVED AS TO FORM:
I1eofiald G. Vandiver, First Assistant
Attorney
Dd/ord/I akefil lord. doc
September 7, 1999
Rev. January 12, 2000
Max Ince, Mayor Pro Tem
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