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HomeMy WebLinkAboutOrdinance 4194 ORDINANCE NO. AN ORDINANCE PROHIBITING THE DEPOSITING, INTRODUCTION OR DISCHARGE OF SEWAGE OR THE EFFLUENT FROM SEWERAGE TREAT MENT PROCESSES, UNCLEAN WATER, POLLUTING MATTER OR THING, OR OTHER FOREIGN, DELETERIOUS MATERIAL OR REFUSE OF ANY CHARACTER INTO L= WORTH ITSELF OR INTO ANY WATERCOURSE, STREAM, DRAIN, CANAL, DITCH OR TRIBUTARY WITHIN THE WATER- OF LAKE WORTH BETWEEN THE LAKE WORTH DAM AND EAGLE MOUNTAIN LAKE DAM; DECLARING SAME TO BE A PUBLIC NUISANCE; PROVIDING FOR THE POLICING OF SUCH WATERSHED; AUTHORIZING THE PROSECUTION OF SUITS FOR INJUNCTIVE RELIEF AND DAMAGES IN AID OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE APPLICABLE AND IN FORCE WITHIN THE CITY AND SHALL ALSO BE APPLICABLE AND IN FORCE WITHIN THE AREA IMMEDIATELY ADJACENT TO THE CITY LIMITS OF THE CITY OF FORT WORTH FOR A DISTANCE OF FIVE THOUSAND (5,000) FEET, AND ALSO WITHIN THE AREA OF THE ENTIRE WATERSHED OF LAKE WORTH LYING BETWEEN LAKE WORTH DAM AND EAGLE MOUNTAIN LAKE DAM; PROVIDING FOR IN- SPECTION OF PREMISES BELIEVED TO BE THE SOURCE OR ORIGIN OF SEWAGE OR THE EFFLUENT FROM SEWERAGE TREATMENT PROCESSES, UNCLEAN WATER, POLLUTING MATTER OR THING, OR OTHER FOREIGN, DELETERIOUS MATERIAL OR REFUSE OF ANY CHARACTER BEING INTRO- DUCED OR DISCHARGED INTO SUCH LAKE OR WATERSHED; PROVIDING A PENALTY FOR VIOLATION HEREOF NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING THAT IT SHALL NOT BE NECESSARY TO NEGATIVE EXCEPTIONS IN PROSECUTIONS UNDER THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION AS PROVIDED BY LAW. WHEREAS, the City of Fort Worth, at great expense, has built or caused to be built a system of lakes and reservoirs, including a City Water Works System, mains, and filtration plants operated by the City for the purpose of providing a pure and wholesome, approved public water supply system and method and means of treatment; and, WHEREAS, the City of Fort Worth, at great expense and by the appli- cation of sound and proven engineering practices in the design, construc- tion, operation and maintenance of its public water supply, reservoirs, lakes, mains and filtratih plants, each of Uhich is operated as an inte- gral part of its Water Works System, has obtained approval of its water supply system from the health agency of the State of Texas authorized to approve or disapprove municipal public water supplies in the State of Texas; and, WHEREAS, the health, safety and welfare of the citizens of the City of Fort Worth and the public generally is dependent upon and related to the maintenance of an approved, safe, pure and wholesome source of water supply and water system; and, WHEREAS, it has come to the attention of the City Council of the City of Fort Worth that it is a matter of public necessity and urgency that the City's safe, wholesome and pure water supply/ system and its sys- tem of lakes and reservoirs and the watersheds thereof be protected from the introduction, discharge or disposal of sewage or sewerage effluent from treatment processes, unclean water, polluting matter or thing, or other foreign, deleterious material or refuse of any character; and, WHEREAS, the City Council of the City of Fort Worth, in the exercise of its sound discretion and legislative authority, expressly finds that if sewage, sewerage effluent, unclean water, polluting matter or thing, or other foreign, deleterious material or refuse of any character is permitted or suffered to be introduced, discharged or deposited into Lake Worth it- self or into any watercourse, stream, drain, canal, ditch or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam, the health, safety and welfare of the public in general and the ultimate consumers of such water supply will be endangered and jeopardized; and further, if such acts or conditions are permitted to oc- cur or exist, the water supply of the City of Fort Worth may thereby be sub- jected to disapproval by the health agency of the State of Texas authorized to approve or disapprove public water supplies of cities within the State of Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. It shall be unlawful for any person, firm, association or corpora- tion, whether public or private, to introduce, discharge or deposit, or cause to be introduced, discharged or deposited, directly or indirectly, sewage or the effluent from sewerage treatment processes, or unclean water, or polluting matter or thing, or other foreign, deleterious material or refuse of any character into Lake Worth itself or into any watercourse, stream, drain or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam. SECTION 2. The introduction, discharge or deposit of sewage or the effluent from sewerage treatment processes, or unclean water, or polluting matter or 3 thing, or other foreign, deleterious material or refuse of any character into Lake Worth itself or into any watercourse or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam is hereby declared to be detrimental to the health, safety and welfare of the consumers of water supplied by the City of Fort Worth and of the public generally, and a public nuisance. The Director of the Fort Worth City Water Works or his duly authorized agents or employees are hereby directed, required and authorized to enter upon any watercourse, stream, drain, canal, ditch or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam, or any premises, public or private, where the introduction, discharge or deposit of sewage or the effluent from sewerage treatment processes, or unclean water, or polluting matter or thing, or other foreign, deleterious material or refuse of any character that might pollute the water or obstruct the flow in any such watercourse or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam is suspected of originating, or where same is threatened to be introduced, discharged or deposited into such lake, watercourse, stream, drain, canal, ditch or tributary within such watershed, in order to investigate, examine, view and inspect the same; and said.Director of the Fort Worth City Water Works, or his duly au- thorized agents or employees, or any police officer of the City of Fort Worth, or any other peace officer is hereby empowered to stop, or cause to be stopped, the introduction, discharge or deposit of sewage or the ef- fluent from sewerage treatment processes, or unclean water, or polluting matter or thing, or other foreign, deleterious material or refuse of any character from being introduced, discharged or deposited into Lake Worth itself or into any watercourse, stream, drain, canal., ditch or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam. SECTION 3. Notwithstanding any penal provision contained in this ordinance, the City Attorney is hereby authorized to file suit on behalf of the City of Fort Worth or the Director of the Fort Worth City Water Works, or both, for such injunctive relief as may be necessary to prevent the introduction, dis- Y charge or deposit, or threatened introduction, discharge or deposit, of sewage or the effluent from sewerage treatment processes, or unclean water, or polluting matter or thing, or other foreign, deleterious material or refuse of any character into Lake Worth itself or into any watercourse or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam, and to sue for and recover in behalf of the City of Fort Worth monetary damages arising out of any outlay or expendi- ture of moneys or funds, or additional expenses incurred by the City of Fort Worth as a result of the introduction, discharge or deposit of such matter into said lake or watershed, including, if such be the case, damages for loss of the present "approved" rating or status granted by the health agency of the State of Texas designated or authorized by statute to approve or disapprove public water supplies of municipal corporations; to aid the Director of the Fort Worth City Water Works in the discharge of his duties hereunder; and particularly to prevent any person, firm or corporation, public or private, from interfering with, or threatening or attempting to interfere with, the protection and policing of such watershed and source of water supply of the City of Fort Worth, but it shall not be necessary to obtain any injunctive relief as a prerequisite to the enforcement of any of the provisions of this ordinance. SECTION 4. In any instance where the Director of the Fort Worth City Water Works or any of his duly authorized assistants have probable cause to believe that the origin or source of sewage or the effluent from sewerage treatment processes, or unclean water, or polluting matter or thing, or other foreign, deleterious material or refuse of any character being introduced, discharged or deposited into Lake Worth itself or into any watercourse, stream, drain, canal, ditch or tributary within the watershed of Lake Worth between the Lake Worth Dam and Eagle Mountain Lake Dam is located in or upon public or private property, or within any structure or building thereon, or is emanat- ing from pipes, conduits, or plumbing or discharge facilities thereof, they shall promptly enter upon such premises, building or structure for the pur- pose of investigation, examination and inspection, and it shall be the duty of the owner, lessee, agent or representative thereof, or person in possession thereof, to open and permit entry, examination, investigation and inspection of such premises, building or structure. SECTION 5- Any person who violates, disobeys, omits, neglects or refuses to com- ply with, or who resists the enforcement of, any of the provisions of this ordinance shall be fined not to exceed Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall con- stitute a separate offense. SECTION 6. This ordinance shall be applicable and in force throughout the terri- tory of the City of Fort Worth within its corporate limits. The fact that the introduction, discharge or deposit of sewage or the effluent from sewerage treatment processes, or unclean water, or polluting matter or thing, or other foreign, deleterious material or refuse of any character into Lake Worth itself or into any watercourse, stream, drain, canal, ditch or tributary within the watershed of Lake Worth between the Lake Worth Dann and Eagle Mountain Lake Dam is and would be detrimental, harmful and in- jurious to the public water supply of the City of Fort Worth and its water- shed, and would endanger and be injurious to the health, safety and welfare of the citizens of the City of Fort Worth and the public generally, requires that the City Council of the City of Fort Worth find and deem it a matter of urgent public necessity that this ordinance shall also be applicable and in force within the area imediately adjacent and contiguous to the city limits of the City of Fort Worth, extending outside the city limits for a distance of five thousand (5,000) feet and also embracing the entire water- shed of Lake Worth lying between the Lake Worth Dam and Eagle Mountain Lake Dam; and it shall be unlawful to do or perform any act in violation of this ordinance within or outside the city limits of the City of Fort Worth for a distance of five thousand (5,000) feet, and also within the entire water- shed of Lake Worth lying between the Lake Worth Dam and Eagle Mountain Lake Dam, in accordance with the provisions of Section 19 of Article 1175, Re- vised Civil Statutes of the State of Texas. SECTION 7- In any prosecution for any violation of this ordinance or in any in- junction proceedings in pursuance hereof, it shall not be necessary for the prosecution to negative any provisions of fe;ceeption, but the same may be raised by the defendant by way of defense. SECTION 8. This ordinance shall repeal every prior ordinance in conflict here- with, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 9. If any provision, section, subsection, sentence, clause or phrase of this ordinance or the application of same to any person or set of circum- stances is for any reason held to be unconstitutional, void or invalid, or for any reason unenforceable, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Fort Worth in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other por- tion, provision or regulation, and to this end all provisions of this ordi- nance are declared to be severable. SECTION 10. All of the regulations and provisions set forth in this ordinance are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee charged with the enforcement of this ordinance, acting for the City of Fort Worth in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any such official or employee because of such act performed by him in the enforcement of any provision of this ordinance shall be defended by the Department of Law until the final adjudication of the proceedings. SECTION 11. This ordinance shall take effect and be in Pull force and effect from and after its passage and publication as provided by law. T. A.-McCann Mayor of the City of Fort Worth APPROVED AS TO FORM AND LEGALI ---5 6 . S. G. Johndroe, Jr. Assistant City Attorney