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Home My WebLink AboutOrdinance - 1475-1953 - Amending Ordinance 1153 Amending Ordinance 1096. Lake Area - 10/23/1953I~-::J~-L95~ ORDINANCE NO. 1475 ,, -1~-1953 AN ORDINANCE AMENDING ORDil'lANCE NO. 1153 ENTITLED, "AN ORDINANCE AMENDil'lG ORDINANCE NO. 1096 ENTITLED, 'AN ORDINANCE DEFINING THE TERM 11LAKE 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, AND IS SUBSTANTIALLY THE ESTIMATED HIGH-WATER LEVEL INDICATED ON PLATS OF ANY LAKE AREA WHICH HAS BEEN APPROVED BY THE PLAN .. NING COMMISSION OF THE CITY OF LUBBOCKAND FILED WITH ITS SEC- RETARY AND CITY ENGINEER; PROHIBITING DUMPING OF DIR. T, DEBRIS OR OTHER SOLID MATERIALS IN ANY ''LAKE AREA11 ; AND DECLARING -SAID DUMPING OR P'I.ACING, A NUISANCE AND PROVIDING A PENALTY THEREFOR! 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 VIO- LATING THIS ORDINANCE AND WHO SUFFERS DIRT, DEBRIS OR OTHER MATERIALS PLACED IN ANY "LAKE 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 PROVID- ING A PENALTY THEREFOR; PROVIDING PROVffiiONS OF TJ¥S ORDINANCE TO BE SEVERABLE; PROVIDING THE CITY ATTORNEY UPON REQUEST OF CITY MANAGER 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 STRUC'!" TURES WITHIN ANY "LAKE AREA"; SUSPENDING ANY PART OF EVERY. ORDINANCE AUTHORIZING ISSUANCE OF BUILDING PERMITS INSOFAR AS SAME MAY RELATE TO LAND WITHIN ANY "LAKE AREA"t; SO AS TO ADD SECTION 8, 9, AND 10, AND PROVIDING ALTERNATE CONDITIONS FOR MAKING DIRT FIL~ IN 'LAKE AREAS'; PROVIDING FOR ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CONDITIONS; AND DECLARING THE PENALTY PROVISIONS TO BE INAPPUCABLE TO PERSONS ENGAGED IN MAKING DIRT FILLS UNDER THE CONDITIONS STATED IN SECTIONS 8 AND 9 11 ; SO AS TO PROVIDE AN EXCEPTION TO SECTIONS 2, 3, AND 4 AND MAKE THE SAME lNAPPLICABLE TO THE CONSTRUCTION OF PUBLIC WORKS OR EXTENSION OF POBLIC UTILITIES OR PAVING OF ROADWAYS IN PUBUC PARKS. IN ANY "LAKE AREA, 11AS DEFINED HERElN, UNDER CONDITIONS NOT CALCULATED TO DECREASE THE WATER ... HOLDING CAPACITY OF THE 11LAKE AREA" INVOLVED. WHEREAS. Ordinance No. 1153 was intended to preserve insofar as is practicable the water ... holding capacity of "lake areas," as that term is defined by said ordinance, and the Commission finds that public necessity and convenience, economy of public funds, efficiency of operation of public services require the construction of public utilities into or through some -of the "lake areas, 11 and that the same can be accomplished without decreasing the water- holding capacity of any such 11lake area11 involved and that it is necessary to plan and make utility extensions, including the paving of roadways,in public parks, and to construct such roadways, public works and utilities in such areas and thereby promote the public interest,when the nature of such work is such that it will not interfere with or decrease the water-holding capacity of such 0 lake areas 11; THERE F 0 R E, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: . ... P. 2 THAT;. Ordinance No. 1153 BE, and the same is hereby amended to read as follows: SECTION 1. Definition: "Lake Area. 11 For the purpose of this ordinance the term, "lake 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 con- stitute a nuisance, and any person who shall dump or place or permit to be placed any such material therein sha~ upon conviction, be fined in any sum not exceeding Two Hundred Dollars ($200). SECTION 3. It shall be unlawful for any person to transport, or to dir- ect the transportation of, any dirt, debris or other materials ov.er any of the streets or alleys in the City of Lubbock for. the purpose of dumping or other- wise placing any such materials in any "lake 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). -~-SECTION 4. 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 maintaining a nuisance, and each day such dirt, debris or other material remains in the "lake 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). SECTION 5. The provisions of this ordinance are declared to be sever- able and cumulative, and if any portion or section is held unconstitutional by a court of competent jurisdiction, the remaining 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 Manager, is authorized to prosecute any and all suits when deemed necessary or exped- ient, 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 issuing of building permits insofar as the same may relate to land within any "lake area" as that term is herein defined, is hereby su~pended. SECTION 8. The City Engineer is authorized to issue permits to owners to make uniform fills below the estimated high .. water line, provided such fills are made by dirt excavated from below the estimated high-water line, and the fills produce a ground surface above the estimated highAwater level, for all land intended to be improved for human habitation and the plans therefor have been approved by the Planning Commission and the water-holding capacity of the lake area is not thereby decreased. The perimeter shown on such plats of any such lake area shall be modified by the City Engineer to conform to such fills; and building permits mcty be issued when the ground surface 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 fills below the estimated high-water level by using dirt excavated from below the estimated high-water level and the fills produce a ground surface above the estimated high-water 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 1'(). When dirt fills are being made under and according to conditions provided in Sections 8 (Eight) or 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. SECTION 11. The provisions of Section 2 (Two), Section 3 (Three), and Section 4 (Four) of this ordinance shall not apply to the construction of or to any person engaged in the construction of any public work or the extension of any public utilities or the paving of any roadway in any public park, in any ''lake area, 11 as that term is herein defined, when the project is planned and/or the work or contract is approved by or is done under the s upervision of the City Engineer and the project, public work, the extension of public util- ity, or paving, is not designed or calculated to decrease the water .. holding capacity of the "lake area'' involved. AND IT IS SO ORDERED. On motion of Commissioner ____ T.,.hwo~~~~.rna-.sil..... __ , seconded by Commis- sioner ----~M:.:;o;:;.:nf::.;;..;i;:.:'S;.... ____ 1 the foregoing Ordinance was passed on first reading this the 22nd day of _......;:Oc:;.;;;.;:t;.;::o;.::be=r----, 1953, by the following vote: Commissioners voting "YEA": Morris, Carpenter, Davis, Thomas and Y.aayor Tripp C~mmissioners voting 11NAY11: None On motion of Commissioner Thanas , seconded by Comrnis-----~~~--------- sioner __ D_a_vi_s_..,.... _____ ~, the foregoing Ordinance was passed on . _,.. second reading this the l2tn day of ...,N-=o..-¥.-em .. be-.....;;r,__ ____ , 1953, by the following vote: Commissioners voting "YEA": Morris, Davis, Thomas & Mayor Tripp Commissioners voting 11NAY": None ATTEST: u.~'!:.~~t~etarY:Treasurer VEW:sv 10 .. 15 .. 53 , ~. 4