for purposes of this division shall mean the Lake Alan Henry
Appeals Board.
means the City of Lubbock, Texas.
shall mean the instruments or documents to which the city
was conveyed the lake, the flood easement and/or the restrictive easement,
including without limitation, the conveyancing documents executed
and delivered to the city pursuant to the memorandum.
means, except as is located in section 20, block 6, H. &
G.N. R.R. Co. Survey, Garza County, Texas (“section 20”),
that area surrounding the lake from elevation 2220 feet above mean
sea level to elevation 2245 feet above mean sea level, as said area
is depicted by survey contained in the conveyancing instruments. The
flood easement, as located in section 20, shall be from elevation
2220 feet above mean sea level to elevation 2250 feet above mean sea
level, as said area is depicted by survey in the proceedings in Cause
No. 4743, 106th District Court, Garza County, Texas.
for purposes of this division shall mean Lake Alan Henry,
and all lands below elevation 2220 feet above mean sea level, as depicted
by survey contained in conveyancing instruments.
means that certain memorandum of agreement, dated April 3,
1986, by and between the city and Mr. and Mrs. Billy Wayne Williams,
et al.
means any person, party or entity receiving a permit from
the city for any activity contemplated by this division.
means that area surrounding the lake between elevation 2245
feet above mean sea level and 300 feet horizontal distance from elevation
2220 feet above mean sea level, as said 2220 feet above mean sea level
elevation is surveyed in the flood easement, if the 300 feet horizontal
distance contains a larger area of land than is contained between
elevations 2220 feet and 2245 feet above mean sea level.
means any structure, installation, infrastructure or improvement
of any kind or type, whether temporary or permanent; however, pens,
gates, fences for livestock enclosure, and cattle guards are specifically
and solely excepted from such definition.
(1983 Code, sec. 2-570; Ordinance 2008-O0038 adopted 4/24/2008)
The primary purpose of Lake Alan Henry is to provide a potable
municipal water supply for the City of Lubbock, Texas, and other users
of the lake or the easements owned by the City of Lubbock on or above
the lake shall not limit or interfere with the use and enjoyment of
the lake for its primary purpose by the City of Lubbock. This division
is intended to protect the lake from any use which would contaminate
or otherwise damage the quality of the lake as a potable municipal
water supply, and to prescribe certain activities within the lake,
flood easement and restrictive easement that are consistent with such
purpose and policy.
(1983 Code, sec. 2-571; Ordinance 2008-O0038 adopted 4/24/2008)
(a)
Pursuant
to the city’s police power, the (1) Regulations for New Construction
or Variance at Lake Alan Henry; and (2) Lake Alan Henry Erosion Control
Plan (collectively, the “regulations”) attached to Ordinance
2008-O0069 as exhibit A and exhibit B are hereby approved and adopted
and made a part of this division as if copied herein in detail. A
copy of such regulations shall be maintained by the city for use by
the public at Lake Alan Henry; the office of the city secretary and
also at the water utilities department.
(b)
The
terms and provisions of Ordinance 2008-O0038 (the “lake ordinance”)
shall apply to and only to the real property included in the lake
ordinance owned by those persons or parties, and their successors
and assigns, joining in that certain compromise settlement agreement
(the “settlement agreement”), in Cause No. 07-03-06178,
styled Templeton Mortgage Corporation, Plaintiff v. City of Lubbock,
Defendant and North Ridge Homeowners Association, Inc. et al., Intervenor,
and Cause No. 07-05-06194, styled North Ridge Homeowners Association,
Inc. et al. v. City of Lubbock, Texas, 106th District Court of Garza
County, Texas (the “subject action”), Resolution No. 2008-R0161,
on or before the effective date of Ordinance 2008-O0038 by executing
either (1) the Settlement Agreement; or (2) an Acceptance of Comprehensive
Settlement Agreement (CSA) With City of Lubbock, Texas and Acknowledgment
of Becoming a Party to CSA.
(1983 Code, sec. 2-572; Ordinance 2008-O0038 adopted 4/24/2008; Ordinance 2008-O0069, sec. 1,
adopted 8/12/2008)
There is hereby created and established a board to be known
as the Lake Alan Henry Appeals Board. The purpose of the board shall
be to review applications for permits for new construction or requests
for variances to existing construction regulations within (1) the
restrictive easement, as to matters set forth in the regulations for
new construction or variance; (2) the flood easement and restrictive
easement, as to matters set forth in the Lake Alan Henry Erosion Control
Plan; and (3) the lake, as solely concerns platforms. Such applications
shall be subject to regulations as are hereby adopted by the City
of Lubbock for Lake Alan Henry and any easements on or above the lake
owned by the City of Lubbock. Variances to the regulations that will
not limit or interfere with the lake’s water quality or the
suitability of the lake for use as a potable municipal water supply,
except to the extent as may be limited or interfered with by the prescribed
activities that may be permitted by this division without variance,
may be approved by the board.
(1983 Code, sec. 2-573; Ordinance 2008-O0038 adopted 4/24/2008)
The board shall be composed of seven (7) members, who shall
be appointed by the city council. Appointments shall be for a term
of three (3) years. Initial appointments shall be staggered with three
(3) members receiving one-year initial terms as determined by the
drawing of lots. At least four (4) members appointed shall be resident
citizens of Lubbock at the time of their appointment and during their
term of office. Four members shall be property owners at Lake Alan
Henry at the time of their appointment and during their term of office.
In addition to the above board members, the director of water utilities
(or designee) shall be an ex-officio member of the board without a
vote.
(1983 Code, sec. 2-574; Ordinance 2008-O0038 adopted 4/24/2008; Ordinance 2019-O0035, sec. 4,
adopted 3/26/2019)
Members of the board shall be subject to the City of Lubbock’s
Board and Commission Policy (Policy 8.1), as amended, with regard
to replacement of members. The city council shall be vested with full
authority to remove all or any of the members of the board in the
best interests of the city or members who may be found by the city
council to be in violation of city’s board and commission policy.
(1983 Code, sec. 2-575; Ordinance 2008-O0038 adopted 4/24/2008)
Vacancies of the board shall be administered in accordance with
the city council policy regarding city boards, commissions and committees.
(1983 Code, sec. 2-576; Ordinance 2008-O0038 adopted 4/24/2008; Ordinance 2019-O0035, sec. 5,
adopted 3/26/2019)
(a)
The
board by majority vote shall annually during the month of December
elect from among its members a chairman who shall preside over the
meetings of the board and a vice-chairman who shall act for the chairman
during his absence. The chairman shall not be eligible to succeed
himself for more than one term.
(b)
The
board shall adopt rules for the conduct of its meetings. The regularly
scheduled meeting day and location shall be as established by the
board.
(c)
No
action shall be taken by the board except by the affirmative vote
of at least four (4) members, which shall constitute a quorum of the
board.
(1983 Code, sec. 2-577; Ordinance 2008-O0038 adopted 4/24/2008)
No provision of this division shall be construed as delegating
any authority to the board over any personnel or personnel policies
and regulations.
(1983 Code, sec. 2-578; Ordinance 2008-O0038 adopted 4/24/2008)
The board shall review (1) applications for new construction, including without limitation, platforms; (2) applications filed pursuant to the Lake Alan Henry Erosion Control Plan; and (3) variances from the regulations filed in writing with the Water Utilities Department of the City of Lubbock. The board shall prescribe the materials and documents to be submitted with the permit application to include, without limitation, 2 sets of site plans, plan and profile views of the proposed structure or facility or work, and any materials or documents required by the Lake Alan Henry Erosion Control Plan. The board shall conduct a preliminary review of the application. If the board approves the application, then the board shall issue a permit for the construction to commence immediately, subject to the right of appeal, as set forth in section 2.03.161. If the board determines that the application should be restricted, modified or denied, then the applicant may request a hearing before the board, which request shall be shall be made in writing within ten (10) calendar days of the board’s preliminary determination. The board shall conduct such hearing within ten (10) calendar days after receipt of the written request for a hearing.
(1983 Code, sec. 2-579; Ordinance 2008-O0038 adopted 4/24/2008; Ordinance 2008-O0069, sec. 2,
adopted 8/12/2008)
An applicant aggrieved by the final decision of the board may
appeal the decision to the city council. In addition, the ex officio
board member or designee may appeal any decision of the board, favorable
or unfavorable to the applicant, to the city council in the event
that the ex officio board member or designee determines that the decision
of the board is (1) in contravention to the terms of this division;
and/or (2) a variance to the terms of this division and the granting
of said variance is detrimental to the lake’s water quality
or the use of the lake as a potable municipal water supply. In the
event of an appeal, the board shall make a written recommendation
on the application to the city council. The city council shall hear
the appeal in the same manner as an appeal from the city planning
commission.
(1983 Code, sec. 2-580; Ordinance 2008-O0038 adopted 4/24/2008)
Upon issuance of a permit by authority of the board or by appeal
to the city council, an owner may proceed to complete the requested
construction. The city or its designated agent may inspect the project
during construction and/or after completion to assure compliance with
the permit, regulations and/or any special conditions imposed by the
board or city council. If the project is in compliance, the city shall
issue a certificate of compliance to the property owner. If it is
found not to be in compliance, the city shall advise the owner of
the deficiencies and shall give the owner thirty (30) days to correct
the deficiencies to the satisfaction of the city.
(1983 Code, sec. 2-581; Ordinance 2008-O0038 adopted 4/24/2008)
The city shall maintain written records of all applications
for new construction, minutes of the meetings of the board, decision
of the board on all applications for new construction and, if applicable,
appeals, appeal recommendations by the board to the city council and
decisions of the city council on appeals.
(1983 Code, sec. 2-582; Ordinance 2008-O0038 adopted 4/24/2008)
(a)
The
use of land within the flood easement and/or restrictive easement
containing a structure or facility existing at the time of the enactment
of this division, if desired by the owner of the land at issue, may
be continued although such use does not conform with the provisions
of this division, so long as the owner of such land (1) is a party
to that certain Compromise Settlement Agreement, incorporated in that
certain Order, or otherwise bound by the certain Order, entered in
Cause No. 07-05-06194, North Ridge Homeowners Association, et al.,
v. City of Lubbock; and (2) files with the director of water utilities,
on or before September 1, 2008, a clear and unambiguous statement
describing the structures or facilities, and the location of same.
(b)
A
nonconforming structure or facility which is damaged or partially
destroyed by fire, flood, wind, explosion, earthquake or other calamity
or act of God, shall not be restored or used for such purpose if the
expense of such restoration exceeds seventy-five (75) percent of the
replacement cost of the structure or facility at the time such damage
occurred. Any nonconforming structure or facility partially destroyed,
as described above, may be restored provided restoration is started
within twelve (12) months of the date of partial destruction and is
diligently prosecuted to completion.
(c)
A
nonconforming structure or facility shall not be added to, expanded
or extended in any way, manner or form, nor changed except to a structure
or facility conforming to the terms of this division and complying
with all permit application requirements. If such nonconforming structure
or facility or portion thereof is changed to a structure or facility
conforming to the terms of this division, any future use of such land
shall be in conformity with this division.
(d)
A
nonconforming structure or facility which has been abandoned shall
not thereafter be returned to such nonconforming structure or facility.
A nonconforming structure or facility shall be considered abandoned:
(e)
Land
containing a nonconforming structure or facility that has been deemed
legal by this division, so long as there are no other violations occurring
on such land, shall be deemed for all purposes to be in compliance
with this division.
(1983 Code, sec. 2-583; Ordinance 2008-O0038 adopted 4/24/2008)
No permit shall be granted to any applicant if any violation
of this division by the applicant, or on any land owned by the applicant,
shall be occurring at the time of the application or while said application
shall be pending.
(1983 Code, sec. 2-584; Ordinance 2008-O0038 adopted 4/24/2008)
The following activities, actions or events shall be deemed
a violation of this division:
(1)
Any construction or other regulated activities performed in the flood easement, restrictive easement or lake, including without limitation, installation, operation or maintenance of a platform, without (A) a valid permit as prescribed by section 2.03.160; and/or (B) certificate of compliance as prescribed by section 2.03.162, each as issued by the city in accordance with the terms of this division.
(2)
Any
construction or maintenance of any structure or facility, or permitting
any structure or facility to remain, upon or within the flood easement
or lake, expressly excepting (A) pathways and (B) platforms, permitted
in accordance with the terms and this division;
(3)
Any
activities of any kind within the lake, flood easement and/or restrictive
easement not in strict compliance with the Lake Alan Henry Erosion
Control Plan;
(5)
The
violation of any term or provision of this division.
(1983 Code, sec. 2-585; Ordinance 2008-O0038 adopted 4/24/2008)
Activities related to the exploration and production of oil,
gas and other minerals, including without limitation, those activities
and rights reserved in (1) that certain Restrictive Easement and Flood
Easement, dated December 19, 1990, and recorded in Volume 194, Page
313, Real Property Records, Garza County, Texas; and (2) General Warranty
Deed, dated December 19, 1990, and recorded in Volume 194, Page 269,
Real Property Records, Garza County, Texas, as said rights are modified
or superseded by that certain Subordination Agreement and Release,
dated May 13, 1996, and recorded in Volume 230, Page 41, Real Property
Records, Garza County, Texas, are expressly excluded from the operation
and effect of this division.
(1983 Code, sec. 2-586; Ordinance 2008-O0038 adopted 4/24/2008)
