HomeMy WebLinkAboutOrdinance - 1096-1951 - Defining The Term "Lake Area" To Be That Part Of Any Natural Storm Water Lake - 06/14/1951No Text
WHEREAS, the natural topography of certain areas of land within the
corporate limits of the City of Lubbock is, such that lake areas, depressions
or basins, common to the plains of Texas, have been formed, and, as a
matter of common knowledge, surface waters flow into such areas during
periods of rainfall where the water stands and forms fresh water lakes by
submerging .land within the area or a part of the area until the water is
dissipated by evaporation or percolation, and,
WHEREAS, according to the density and duration of the rainfall and
flow of such water, substantially definite high-water lines may and have been
determined bar engi.neexs employed by -Attie City, and the subject matter brought
to the attention of the Planning Commission and City Commission, and sundry
persons persist in depleting the water -holding capacity of such lake areas
and in diverting the flow of water by dumping or 'otherwise placing dirt,debris
and other solid substances beneath the estimated high-water levels, and
which conditions, acts and, .circumstances are .calculated to endanger life and
property and: result in damage, .loss, injury- and ,destr ti.on of persons as
well as private and public property by increasing the dangers inherent in
flood waters,, and,
WHEREAS, it is thedesire of the City Commission, through the exer-
cise of its police power and to the extent of its authority in the interest of
public safety and welfare, to restrain property owners within the areas and
other persons from filling in the lake areas for development and other pur-
poses until such time, as such .lake areas are improved by adequate artificial
drainage facilities and made reasonably safe for human habitation and the
construction of improvements, and which drainage facilities the City of
Lubbock is now unable to provide due to the lack of funds, the excessive cost
of" prroviding such facilities,''and the City Commission finds that placing
sasaterials in said lake areas will increase flood dangers and tend to obstruct
and destroy the natural water -holding capacity of said areas, TH R.rP' 1t;E*
BE IT ORDAIN D BY THE CITY COMMIMSION'OF THE CITY OF LUBBOCK:
SECTION 1. Definition! "Lake Area. '' "or the purpose of this
ordinance the term., "lake area,''' is defined to be that part of any natural
storm water lake area in the City of Lubbock, the perimeter of which has
been established by the -City "En.gineer; and is substantially the estimated
high-water level indicated on plats of any lake area which has been approved
by the "Planning Commission of the City of Lubbock and filed with its Secretary
and the City Engineer.
SECTION 2. The dumping or other placing of any dirt, debris or
other solid materials in any "lake: area" as that terrn.is herein defined, shall
constitute a nuisance, and any person who shall dump or place or permit to
be placed any such material therein shall, upon conviction, be fined in any
sum not exceeding Two Hundred Dollars ($:200. 00).
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SECTION 3. It shall be unlawful for any person to transport, or to
direct the transportation of, any dirt, debris or other materials over any of
the streets or alleys in the City of Lubbock for the purpose of dumping or
otherwise placing any such materials in any -"lake areafl' as that terra is
herein defined, and any person violating this provision shall, upon conviction,
be fined in any sure not exceeding Two Hundred Dollars ($200.. 00).
SECTIONA. Any person violating the provisions .of this ordinance
and who suffers any dirt, debris or other material placed in any such "lake
area" to remain therein for one (1) day or more, shall be guilty of maintain-
ing a nuisance, and each day such dirt, debris or other material remains in
the Flake area'' as that term is herein defined, shall constitute a separate
offense and, upon conviction, shall be fined in any sum not exceeding Two
Hundred Dollars ($200 00).
SECTION 5. The provisions d this ordinance are declared ,to be
severable and cumulative, and if any portion or section is held unconstitu-
tional by a court of competent jurisdiction., the rernaining portions shall
nevertheless -be valid the same as if the invalid portion had not been a part
thereof.
SECTION 6. The City Attorney, upon written request of the City
„tanager, is authorized to prosecute any and all suits when deemed necessary
or expedient, against any persons, firm., corporation and the officers, agents,
servants or employees- of any of them., jointly or severally, to restrain and
prevent -the dumping or other placing of dirt, debris or other materials in
any "lake area" as that term is herein defined.
SECTION 7. The Building Inspector is hereby prohibited from
i.s.sui.n.g building permits for structures within and' 'Make area'`' as that term
is herein defined, and that part of every 4rd.inaxnce authorizing the issuing. of
building permits insofar as the same may relate to land. wit hin any, ''Take
area" as that term is herein defined., is hereby cusp bAed.
AND IT IS SO ORDERED.
On motion of Commissioner Hufsiedlor , seconded by Corn
mis.s.ioner this Ordinance was passed on first read.
ing this i4th day of June, 1951, by the fcal: win=
lkyor tiaide and
Commissioners voting :"Year,: &rris,#W, stftUer, Davis and Thomas
Co .xnissioners voting ''Nay": �
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On motion of Commissioner Hufstedler , seconded ` by Com
missianer T3avis , this Ordinancewaspassed on second
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