Loading...
HomeMy WebLinkAboutOrdinance 2325 ORDINANCE NO, 2 3 AN ORDINANCE REGULATING AND RESTRICTING THE CON- STRUCTION OR MAINTENANCE OF DAMS, E BANECK7'r's OR FILLS OVER AND ACROSS NATURAL WATER COURSES FOR THE PURPOSE OF IMPOUNDING OR DIVERTING WATER; REQUIRING FEATS FOR SUCH CONSTRUCTION WORK; DEFINING TERMS; MAKING THIS ORDINANCE CUADIATIVE OF ALL ORDINANCES RELATING TO ZONING AND CON- STRUCTION RORK, EXCEPT IN SO FAR AS TEE PROVISIONS OF THIS ORDINANCE MAY BE IN DIRECT CONFLICT WITH TEE PROVISIONS OF THOSE ORDINANCES, IN W IICH IN- STANCE THEY ARE RW.PFALED; RESERVING A SAVINGS CLAUSE; AND PROVIDING THE PENALTIES FOR THE VIOLATION THEREOF• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The following terms used in this ordinance are defined as follows: "Natural water courses" shall mean and include any stream with bed and banks or any gully, ravine or valley through which water ordinarily flows, either regularly or intermittently. 4M By the term "person" shall mean and refer to any natural person or association of natural persons, trustees, receivers, partnership, organization, or the manager, agent, servant or employe of any of them. SECTION 2. It appearing to the City Council that water ponds in the vicinity of residences frequently become stagnant and deleterious to the health of the public, furnishing a sheltering place for the propagation of mosquitoes and providing noxious odors; and that where dams and obstructions have been constructed across natural water courses, thereby obstructing the natural flow of drainage, a serious menace to the safety of the public is created, particularly on streets and t15r8`ighfares followinng heavy rains. SECTION 3. It shall be unlawful for any person to build, construct, or maintain a dam, embankment or fill over or across any natural water course in the City of Fort Worth for the purpose of im- pounding or diverting water, except upon full compliance with the requirements`rof this ordinance. M SECTION 4- Before beginning the construction or building of any dam, embankment, fill or obstruction over or across a natural water course in the City of Port Worth, or doing any work in connection with the construction or building of such structure, a person is hereby re- quired to present an application for a permit to do such construction work to the City Council of the City of Port Worth, Texas, and secure a permit from the City Council of the City of Port Worth, Texas, authorizing such construction. Said application shall be accompanied with a description of the project, showing its location, plans, specifications, distance from the nearest streets and thoroughfares and the approximate number of residences within a radius of two thousand feet (20001), together with the general description of the topography of the surrounding area, and such other pertinent facts as may show that the water that is impounded or diverted will not constitute a menace to the health of the community, will not impair the natural drainage in the immediate area, and will not materially interfere with travel over and along streets and thoroughfares in the vicinity. SECTION 5- This ordinance is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes herein before outlined, which are protection to the health of the public, their safety, and general welfare. SECTION 6. This ordinance shall be deemed to be cumulative of all other v ordinances of the City of Port Worth with respect to zoning and building, and constructions of all buildings, and construction of every character, except in so far as the provisions of this ordinance are in direct conflict with the provisions of those ordinances, in which event those provisions are expressly repealed. SECTION 7. If any section, part of.a section or provision of any section of this ordinance shall be held to be void, ineffective or uncon- stitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The Council would not have passed any sections, parts of sections or pro- visions of any sections that were unconstitutional, void or ineffective if they had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 8. Any person found guilty of violating any of the provisions of this ordinance shall be fined in any sin not to exceed Two Hundred Dollars ($200.00), and each violation or each day that there is a failure to comply with the terms of this ordinance shall constitute a separate offense. This ordinance shall be in full force and effect from and after the date of its passage and publication, as required by law. APPROVED AS TO FORT: City Attorne — ORDINANCE Title e- a Y Date Filed day of _ FAA, a{ r City Secretary