§ 12.5-346 EXEMPTIONS.

   The following entities or persons shall be exempt from this Division 4:

   (a)   Any property to which a mandatory exemption under Tex. Local Government Code Chapter 552.053 applies, including without limitation:

      (1)   Property with proper construction and maintenance of a wholly sufficient and privately owned stormwater system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the city;

      (2)   Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; and

      (3)   A subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has issued, or the municipality has taken another official action to release the property for occupancy.

   (b)   Any property to which a mandatory exemption under Tex. Local Government Code Chapter 580.003 applies, including without limitation:

      (1)   A state agency; and

      (2)   A public institution of higher education.

(Ord. 16782, § 1, passed 1-24-2006)

§ 12.5-347 NO WAIVER OF IMMUNITY.

   This Division 4 does not warrant, guarantee or provide any assurance that a benefitted property will be free from flooding or erosion, and does not create additional duties on the part of the city. This Division 4 does not waive the city’s immunity under any law.

(Ord. 16782, § 1, passed 1-24-2006)

§ 12.5-348 ACCESS TO STORMWATER DRAINAGE INFRASTRUCTURE; HOURS OF OPERATION.

   (a)   Absent the express permission of the director of the department of transportation and public works, it shall be unlawful for any person to enter or remain in any portion of city owned drainage infrastructure unless such drainage infrastructure has been designated by the director of the department of transportation and public works as open to the public. The director of the department of transportation and public works shall have the authority to designate city-owned drainage infrastructure as open to the public and to determine the hours during which any such drainage infrastructure shall be open to the public. Unless otherwise posted by the director of the department of transportation and public works, any city-owned drainage infrastructure which has been designated as open to the public shall be open to the public from dawn until dusk.

   (b)   Absent the express permission of the director of the department of transportation and public works, it shall be unlawful for any person to wade, swim, boat, or fish in any city owned drainage infrastructure at any time.

   (c)   Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed $500.

(Ord. 23722-08-2019, § 1, passed 8-13-2019, eff. 8-22-2019)

ARTICLE IV: GROUNDWATER AND SURFACE WATER QUALITY

Editor’s note:

   Ord. 16259, §§ 1, 2, adopted Jan. 11, 2005, amended Art. IV, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. IV pertained to similar subject matter. See also the Code Comparative Table for a detailed analysis of inclusion.

DIVISION 1: ENFORCEMENT OF THE TEXAS WATER QUALITY CONTROL ACT

§ 12.5-400 DEFINITIONS.

   Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

   ACT. The Texas Water Quality Control Act, as amended, codified as Tex. Water Code Chapter 26.

   DIRECTOR. The director of the department of environmental management or the director’s authorized representative.

   PERMIT (n.). An order issued by the commission in accordance with the procedures prescribed in the Act establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made.

(Ord. 16259, § 1, passed 1-11-2005)

§ 12.5-401 DECLARATION OF POLICY AND PURPOSE.

   It is the policy of the city and the purpose of this article to maintain the quality of water in the city consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries and the economic development of the city; and to require the use of all reasonable methods to implement this policy.

(Ord. 16259, § 1, passed 1-11-2005)