HomeMy WebLinkAboutOrdinance No. 88-15 ORDINANCE NO. 88-15
AN ORDINANCE PROVIDING RULES AND REGULATIONS COVERNING
THE ALTERATION OF ROADSIDE DRAINAGE DITCHES ; PROVIDING
FOR THE ISSUANCE OF PERMITS; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $200 FOR EACH DAY OF VIOLATION;
AND PROVIDING FOR SEVERABILITY.
* * * * * *
WHEREAS, due to the existence of numerous natural
drainageways within and adjacent to the City of Friendswood,
flooding from storm waters has been and contiinues to be a
critical problem to the citizenry of the City; and
WHEREAS, it is of paramount importance that the City
continue to rectify drainageways and improve local drainage
systems to minimize losses to persons and property from
flooding; and
WHEREAS, the use of roadside ditches within the City is an
integral part of the City's drainage system; and
WHEREAS , the adoption of rules and regulations governing
the alteration of roadside ditches is necessary to reduce the
probability of flooding and the dangers inherent therein; now
therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSW04D,
TEXAS, STATE OFTEXAS :
Section 1 . The facts and matters set forth in the
preamble of this Ordinance are hereby found to be true and
correct.
Section 2. It shall be unlawful for any person to
alter, cause to be altered, or permit the alteration of any
roadside drainage ditch within public street right-of-way in
the City of Friendswood unless such alteration is in accordance
with the terms of this ordinance.
Section 3. Alterations of roadside drainage ditches
located within public street rights-of-way in the City of
Friendswood, Texas, which reduce the carrying capacity or
storage capacity of storm waters therein, are hereby prohibited
unless:
a} such alterations wi],1 not i.ncreas� �loo�
elevations of neighboring or upsrream pro�e�ties ;
b) suct� altera�ions wi11 not adversely aff�ct the
dra�nage of starm warers aver and across other
properties wi�hin the 1oca1 dr�inage ar�a or
watershed ; and
c) �uch �1�e���to�i� ar� naG vCh�rwi�� prQhi�ited by
any rul�, r�gulation, ardinance, st�tuCe, o� ��W b�
�ny govermen�el unit Qr �gsnGy h�v��� �uri�����i�n
ther�av�r.
SecC�an �. It sh�11 ba unlawful �or any per�on to alter
at�y roadside drairiage ditch lacAteci wi��ti.ti public a��eet
-�ight�-o�-�way in the City o� �'riend;swaod, Texas, unless a
permit Cherefar has be�n ob�ained in gccordance with Cha,s
Ordinanc�. Applications f.or permi.ts srtit�l.l be filed wi�h th�
City Manr�ger o� �h� Czty or the official designat�d by �he City
Manager ta receive such apglicatians. Forma for such permi�
appl.ications sha11 be avgilable in the office a£ the City
Secretary. All permit app�ica�i.on� shall be accompanied t�y
p1an8 and specificatiions for the praposed al�eratians . F�es
�or alterattan p�rmitis shall be as estahlished by �he City
Counci.� .
Sectidn 5. Any per:�on who sha11 vial�t� �r►y provision
o� this �rdinance shall be deemed guilty o� � misd�meanar c�nd
upan eonvic�ion, shall be �ined �n an amaunt not ta �xce�d
$200.OQ� Fach day of viola�ion shall. consti�ute a s�p�rate
o��ense.
SBCC�.001 6. In the even� any sectic�n, paragraph,
subdivision, clause , phxase, provisi�n, �entenc�, or part of
this �rdinance ar Che appli_cation o� the s�me to any persor► ar
circumst�nce �ha11 for any rea�on �e adjudgecl inval�.d or held
unca��sCituti�n�l. by a court af competenC ,jur�.sdict�on, i� shall
not affecC, impair, or i.nvalidt��e thia Ordinance as a whole or
any pArt or pravisa.on hereof other than the part dec].�r�d Co be
invalid or uncon�tituriont�l ; and Ch� City Council of, tne Gitiy
o£ �ri.endswood, Texas , c�eclars� that it wduld hav� p�ssed each
�t�d every part of the same noCwi_�hsranding rhe omissipn af any
st�ch par� thus d�clgred to be invalid or uncon�ti.tu�ional, or
wtle�her �here be at�e or mare par�s .
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PASSED AND APPROVED on first reading this 17th day
of October, 1988.
PASSED, APPROVED, AND ADOPTED on second and final reading
this the 7th day of November, 1988. ,
Mayor
ATTEST:
Deloris McKenzie
City Secretary
I , DELORIS MCKENZIE , CITY SECRETARY OF THE CITY OF FRIENDSWOOD , DO
HEREBY CERTIFY THAT ON October 4 , 1988 , PROPOSED ORDINANCE
N0 . T88-15 WAS POSTED AT THE CITY HALL AND PUBLIC LIBRARY BULLETIN
BOARDS AND DISTRIBUTED TO CITY COUNCIL FOR REVIEW.
DELORIS MCKENZIE , CMC
CITY SECRETARY .
DATE : October 4 , 1988 1ST READING : 10-17-88 A��
TIME : 5 : 00 p .m. 2ND AND FINAL READING : 11- -88
ATTEST :
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