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HomeMy WebLinkAboutOrdinance - 1153-1951 - Amending Ordinance 1096 - 10/25/1951l0-2.~ -\.9 s ORDINANCE NO. 1155 \\ -0~ -\.9-.SJ AN ORDINANCE AMENDING ORDINANCE NO. 1096 ENTITLED, nAN ORDINANCE DEFINING THE TERM 1LAKE AREA' 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 ENGINEER, Ov.-~j"'(;l.L AND IS SUBSTANTIALLY THE ESTIMATED HIGH-WATER LEVEL INDICATED 1-t/1 ~ ON PLATS OF ANY LAKE AREA WHICH HAS BEEN APPROVED BY THE PLAN ~z.~ka :;2 NINO COMMISSION OF THE CITY OF LUBBOCKAND FILED WITH ITS SECRE- TARY AND CITY ENGINEER; PROHIBITING DUMPIJ'{G ·OF DIRT, DEBRIS OR OTHER SOLID MATERIALS IN ANY '·LAKE AREA'; AND DECLARING SAID DUMPING OR PLACING, A NUISANCE AND PROVIDING A PENALTY THERE- FOR; PROHIBITING THE TRANSPORTATION OF DIRT. DEBRIS OR OTHER MATERIAlS ON ANY STREET OR ALLEY IN THE CITY OF LUBBOCK FOR THE PURPOSE OF THE DUMPING OR PLACING MATERIALS IN ANY 'LAKE AREA~ AND PROVIDING A PENALTY~ PROVIDING ANY PERSON VIOLATING L THIS ORDINANCE AND WHO SUFFERS DIRT, DEBRIS OR OTHER MATERIALS PLACED IN ANY fLAKE AREA' TO REMAIN THEREIN FOR ONE DAY OR MORE, SHALL BE GUILTY OF MAINTAINING A NUISANCE AND EACH DAY SHALL CONSTITUTE A SEPARATE OFFENSE AND PROVIDING A PENALTY THEREFOR; PROVIDING PROVISIONS OF THIS ORDffiANCE TO BE SEVER- ABLE; PROVIDING THE CITY ATTORNEY UPON REQUEST OF CITY MANAGE IS AUTHORIZED TO PROSECUTE ANY AND ALL SUITS TO RESTRAIN AND PREVENT DUMPING AND OTHER PLACING OF DIRT,. DEBRIS AND OTHER • MATERIALS IN ANY 'lAKE AREA"~ PROHIBITING THE BUILDING INSPECTOR FROM ISSUING BUILDING PERMITS FOR STRUCTURES WITHIN ANY t LAKE AREA"; SUSPENDING ANY PART OF EVERY ORDINANCE AUTHORIZING ISSUANCE OF BUILDING PERMITS INSOFAR AS SAME MAY RELATE TO LAND WITHIN ANY ttLA.KE AREA;tn SO AS TO ADD SECTIONS 8, 9, AND 10, AND PROVIDING ALTERNATE CONDITIONS FOR MAKING DIRT FILLS IN "LAKE AREAS;". PROVIDING FOR ISsUANCE OF BUILDING PERMITS UNDER CER- TAIN CONDITIONSi AND DECLARING THE PENALTY PROVISIONS TO BE INAPPLICABLE TO PERSONS ENGAGED IN MAKING DIRT FILLS UNDER THE CONDITIONS. STATED IN SECTIONS 8 AND 9. WHEREAS, the natural topography of certain areas of land within the cor·· porate limits of the City of Lubbock is such that lake areas, depressions or basins, common t o the plains of Texas, have been formed, and, as a matter of common knowledge, surface waters flow into such areas during periods of rain- fall 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 t o the density and duration of the rainfall and flow of such water, substantially definite high-water lines may and have been deter- mined by engineers employed by the City, and the subject matter brought to the attention of the Planning C ommission and City Commission, and sundry persons persist in depleting the water-holding capacity of such lake areas and in divert- ing the flow of water by dumping o r 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 destruction of persons as well as private and public property by increasing the dangers inherent in flood waters, and, WHEREAS, it is the desire of ~he City Commission, through the exercise 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 per- sons from filling in the lake areas for development and other purposes uhtil such time as such lake areas are improved by adequate artificial drainage faci- lities and made reasonably safe for hwnan 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 providing such facili- ties, and the City Commission finds that placing materials in said lake areas will increase flood dangers and tend to obstruct and <iestroy the natural water- holding capacity of said areas, and, WHEREAS, plans have been formulated by one or more property owners whose land extends into a 11lake area, 11 as that term is defined by the provi- sions of this ordinance, and such owners recognize the need for making dirt fills so as to raise the actual ground level of all or a part of their property above the estimated high-water level of the lake area affecting their property, and the City Commission is of the opinion that the purpose and intent of the original ordinance will be served by adding Sections 8, 9, and 10 thereto, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. Definition: "Lake Area. 11 For the purpose of this ordinance the term, 11lake area, 11 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 Engineer; 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 term is herein defined, shall consti- tute a nuisance, and any person who shall dump or place or permit t o be placed any such material therein shall, upon conviction, be fined in any sum not exceeding Two Hundred Dollars ($200. 00). 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 11lake area" as that term is herein defined, and any person violating this provision shall, upon conviction, be fined in any sum not exceeding Two Hundred Dollars ($200. 00). SECTION 4. Any person violating the provisions of this ordinance and who suff~rs 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 maintaining a nuisance, and each day such dirt, debris or other material remains in the "lake area11 as that term is herein defined, shall constitute a separate offense, and, upon con- viction, shall be fined in any sum not exceeding Two Hundred Dollars ($200. 00). c SECTION 5. The provisions of this ordinance are declared to be sever- able and cumulative, and if any portion or section is held unc·onstitutional by a court of competent jurisdiction, the remaining portions shall nevertheless be v·alid the same as· if the invalid portion had not been a part thereof. SECTION 6. The City Attorney, upon written request of the City Manager 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 issuing building permits for structures within any "lake area" as that term is herein defined, and that part of every ordinance authorizing the issuimg of building permits insofar as the same may relate to land within any "lake arean as that term is herein defined, is hereby suspended. SECTION 8. The City Engineer is authorized to issue permits to owners to make uniform fills below the estimated high-water line_ provided such fill'S are made by dirt excavated from below the estimated high-water line, and the fills produce ! ground surface above the estimated high .. water level, for all land intended to be improved for human habitation and the plans therefor have beena:pproved by the Planning Commission and the water-holding capacity of the lake area is not thereby decreased. The perimeter shown m such plats of any such lake area shall be modified by the City Engineer to conform to such fills; and building permits may be issued when the ground surfa:ce has in fact been raised to an elevation above the estimated high-water level. ""• SECTION 9. When the Planning Commission approves any plat or replat of any tract of land affected by an estimated high-water line, and such plat is supported by plans and specifications for making uniform f;lls below the estima- ted high-water level by using dirt excavated from below the estimated high- water level a~d-the fills produce a ground surface above the estimated high-wate level for all land intended to be improved for human habitation, and the water- holding capacity of the lake area is not thereby decreased, the perimeter of such lake area plat shall be modified by the City Engineer to conform thereto, and building permits may be issued when the ground surface has in fact been raised to an elevation above the estimated high-water level. SECTION 10,. When dirt fills are being made under and according to conditions provided in Sections 8 (Eight) ~T 9 (Nine) of this ordinance by moving dirt excavated from below the estimated high-water level of any lake area, the penalty provisions of this ordinance shall not apply to the persons engaged in making such fills. AND IT IS SO ORDERED. On motion of Commissioner Da vis , seconded by Com---------~~~---- missioner Hu1Vd''lie liler , this .Ordinance was passed on first reading ----------------~-- ... \ this 25 day of _...;O~c~t;:;:;o..;;b:.;::e~r..._ ____ , 1951, by the following vote of the City Commission: Commissioners voting "Yea": Commissioners voting "Nay": ..> \ I Hufstedler , Davis Mayor Whiteside None . and Thomas and On motion of Commissioner Hufstedler , seconded by Com------------------- missioner Thomas , this Ordinance was passed on second ----------------------- reading this Sth day of November • 1951, by the following vote ------------~~----- of the City Commission: Commissioners voting 11 Yea": Commissioners voting "Nay11 : ATTEST: VEW:sv Morris, Hufstedler,Davis, Thomas and Mayor h~1i teside None ' .