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HomeMy Public PortalAboutCity Council Minutes 12-07-1971 ..~.C~.;LI-Zr C_ .C- L.L ti.. ~_t•_ mot;--' l.C:'h ~,C;..~ C:CLi?':C1.L 'i:lt:t tU CC;I.~1CE_r Cc..`-',i~i_c;tli?~' ~arc:cS '.''itl~i~ ~..,i.c COr;;C:I"`t~ ~i'~1itS c:S c .-li_.l~lA ,?r.~:;~2i iii ~Q):':r ..:Gr it G`./~-~ "::S ±C, cLL -`.L'°_ tCi C.LkcZ' ~ ~ dr t~:z:: ~tir}::~:i ~`luc~c :i-~s~:r~ ..GtiCi: ~.c.:'.c_ tii1r Lr~aI:1.:~5, ~ ~ ~cc:7ic: ~y ~.;_~cj..: c~. tc <-.1.4:c~ ;t sc.~t~t. y~ r: ~ y eI,C' ~irC;i.1e::Ci_ `;C: :7c'tt':_?'?C =Urt i t':i~ r C 1,i1 r._:I. E'Iit:~ I Cr t:?f`: fIdOG 1.r`~i.rc11CE', c (=GJ" ~:f'~:~ c :;crt tai; Eye:; ..lY:t.:t~:~', ~r.Gnir.at~sly~ G~_~ro~-:c. .may J'_J t{u..~11 ~ ttr.::: C_. 1.,L.ic-1- t,r ~ Wit. Cit: cr..tt:r1- test _ Sul ~:.~niE- j~cr r ORDINANCE NO .-z~~y~~' AN ORDINANCE DESIGNATING CERTAIN AREAS WITHIN THE CORPORATE LIMITS AS A FLOOD PLAIN; ESTABLISHING MINIMUM REQUIREMENTS FOR NEW CONSTRUCTION AND MAJOR IMPROVEMENTS WITHIN THE FLOOD PLAIN; RESTRICT - ING NEW CONSTRUCTION AND MAJOR IMPROVEMENTS WITHIN THE DESIGNATED FLOODWAY; CONTAINING DEFINITIONS; REQUIRING CERTIFICATION THAT ELEVATIONS OF ANY PROPOSED STRUCTURE CONFORMS WITH THE PROVISIONS OF THIS ORDI- NANCE; PRESCRIBING METHOD OF ENFORCEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVER- ABILITY; PROVIDING A PENALTY; DECLARING THE EFFECTIVE DATE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, certain areas of the City•are subject to periodic flooding from R uN 6 f-~ residential causing serious damages to properties within these areas; and ' •WHEREAS, relief is available it the form of flood insurance as authorized by the National Flood Insurance Act of 1968 as amended;-and WHEREAS, it is the intent of this Council tc~;~comply with land use and management criteria regulations as required,~in said act; and WHEREAS, it is also the intent- of this Council _to recognize and duly evaluate flood hazards in all official actions relating to~land use in the flood plain areas having special flood hazards; and { WHEREAS, under the laws of the State of Texas, authority is .conferred upon the City of~Q~ ~hlQ„~/f,%l to establish land use laws and management criteria regulations as required in said act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ~ CITY OFh'!~hla~~t//~i/~s, TEXAS: ii SECTION I: Zoning Ordinance >~o of the City of ~i~hlfrnctO~~~IS .hereby amended by the addition of the following article. t (A) Definitions: 1. BASE FLOOD ELEVATION LINE -Elevation lines established ~ on the Flood Hazard Boundary Map showing projected flood surface elevation that can be expected for. a 100-year flood. • 2 . FLOOD - A general"or temporary condition of partial and _ „ complete inundation of normally dry land areas from the overflow of streams, rivers or other inland water. 3 . FLOODING -Same a s "'FLOOD " . 4. FLOOD HAZARD BOUNDARY - MAP An official map or plat, approved by the Federal Insurance Administration, on which the boundaries of the flood-plain area having special flood hazards have beeri drawn for the purpose of the emergency flood insurance program . 5 . FLOOD PLAIN - A relatively flat or low area adjoining a river, stream, water course, bay or lake, which has been in the past or can reasonably be expected in the future to be covered temporarily by flooding of high water. 6. FLOODPROOFING -Any combination of structural and non- structural additions, changes, or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands ,water and sanitary facilities, structures, and contents of buildings . 7. FLOODWAY -The minimum areas of a riverine flood. plain reasonably required for passage of flood waters. 8. FLOODWAY ENCROACHMENT LINES -The lines marking the limits of floodways on the official Flood Hazard Boundary Map. 9. RIVERINE -Structures located beside a river, stream or water course . 10. START OF CONSTRUCTION -The placement of permanent construction,. such as pouring of footings or any work beyond the stage of excavation. Permanent construction- does not include land preparation, land clearing, grading, or filling, 11. SUBSTANTIAL IMPROVEMENT -Any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 50 percent of the fair market value of the property either (a) before the improvement is started or (b) if the property has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any wall, ceiling, floor', or other structural part of the building commences. 12 . WATER SURFACE ELEVATION DATA -The elevation in relation to mean sea level expected to be reached by floods at various magnitudes and frequencies at pertinent points along a stream, • (B) There is hereby adopted and made a Flood Hazard Boundary Map. A large scale reprodpction shall bello ated in the office of the Director of Public Works, maintained by that office and made available for public scrutiny as a standard of reference for base flood ` elevation lines and floodways . (C) Reference shall be made on the Flood Hazard Boundary Map to City established bench marks that shall be hereafter located throughout the flood plain area . ' (D) Building permits shall be required of all proposed construction or other improvements located within the flood. plain area . 1. A11 residential building permit applications for new con-' struction or substantial improvements shall be accompanied by a statement of a duly registered (Texas) surveyor or engineer certifying that the lowest floor (including basement) elevation will be at least 12 inches above the base flood: elevation line . 2 . All other building permit- applications shall be reviewed by the building inspector to determine that the proposed core- struction or repair uses: construction materials- and utility equipment that are resistant to flood damage;. construction methods and practices that will minimize flood damage. 3 , Further, all other building permit applications shall be reviewed by the building inspector to assure that the pro- ` posed construction and substantial improvements (including prefabricated and mobile homes) are: protected against flood damage; designed (modified) and anchored to prevent flotation, collapse, or movement of the structure . 4. The Director of Public Works will review all subdivision proposals and other proposed new development to assure that: all such proposals are consistent with the need to minimize flood damage; all public utilities and facilities, such as gas, electrical, sewer and water systems, are con- . _ structed to minimize or eliminate flood damage; adequate drainage is provided so as to reduce exposure to flood hazards . 5. The Director of Public Works will require new or replacement water supply systems and sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems so as to avoid impairment or contamination during flooding . (E) After floodways are identified and designated, no new con- struction or major improvement will be authorized. in the floodway that restrict the normal flow of floodwaters or raise the water surface eldvation above the base flood elevation line . - SECTION II: This ordinance shall take precedence over any con- flicting laws, ordinances or codes and all ordinances and parts of ordinances . in conflict with provisions of this ordinance are hereby repealed . SECTION III: If any section, subsection, .sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a r separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION IV; A violation of any of the provisions of this ordinance shall be deemed a misdemeanor, and, upon conviction thereof, the violator shall be subject to a fine not to exceed $200 per day. SECTION V; This ordinance shall be effective after adoption b ~ y the City Council and its approval by the Mayor of the City of F` Texas. It is hereby declared that an emergency exists due to the need to preserve the public health, safety, and welfare, necessitating that this ordinance be- come effective immediately upon its passage. PASSED AND APPROVED, this the _ ~ day of 19 71. ATTEST: _ ,Mayor City of . Texa s ity Secr ry APPROVED AS TO FORM AND LEGALITY; Ca City Attorney • l ~ ~ RESOLUTION NO • WHEREAS, certain areas of the City ofjj~~~~/~,~~j~~/are subject to periodic flooding and/or mudslides from causing serious damages to residential properties within these areas; and WHEREAS, relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968 as amended; and WHEREAS, it is the intent of this Council to comply with land use and management criteria regulations as required in said act; and WHEREAS, it is also the intent of this Council to recognize and duly evaluate flood and/or mudslide hazards in all official actions relat- ing to land use in the flood plain and/or mudslide areas having special flood and/or mudslide hazards; and WHEREAS, the Code Citation of any State enabling legislation of any resulting city ordinance that authorizes this City to adopt land use, and control measures is.City Zoning Ordinance ; . NOW, THEREFORE, BE IT RESOLVED, that this Council hereby assures the Federal Insurance Administration that it will take legislative action as follows: ' 1. Adopt by December 31, 1971 and maintain in force for areas having special flood and/or mudslide hazards adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Part 1910 of the National Flood Insurance Regulations. 2. Take such other official action as may be reasonably necessary to carry out the objectives of the program. Such actions will include but not be limited to; (a) Delineating or assisting the Administrator, at his request, ` in delineating the limits of the areas having special flood and/or mudslide hazards on available local maps of sufficient scale to identify the location of building sites . (b) Providing such information as the Administrator may request concerning present uses and occupancy of the flood plain and/or mudslide area . ~ (c) Maintainin for g public inspection and furnishing upon request, with respect to each area having special flood hazards, infor- mation on elevations (in relation to mean sea level) of the lowest floors of all new or substantially improved structures and, where there i~ basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground will.enter; and (d) Providing the name of the individual and the office that will be res onsible for furnishing the first floor elevation information , / (e) Cooperating with Federal, State, and local agencies and private firms which undertake to study, survey, map, and identify flood plain or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards, BE IT FURTHER RESOLVED, that this Council hereby appoints the ~ ~;?,~~;r,.~`Swith the responsibility, authority and means to submit on the anniversary date of the community's initial eligibility, ari annual report to the Administrator on the progress made during the past year within the community in the development and implementation of flood plain and/or mudslide area management measures and to implement all other commitments made herein. ate Mayor City of~ ~ Texa s ATTEST: r~~ l~f amity S etary • ~cetinG of the City Caunci.l :ec-tine t,~as caller to order by .~_ayor Daniels at 6: 3n i. , J~re.sc.nt ~rere Councilr.er.r:lein, ~~lackr:on, r-lovJerton, Gillarc, L~:unius anc:: i:ity ~.tty. r:c~vntire. Library Tics L'ics for levelinc a$ the- Liurary ,-ere as fellow's: Great ~~est ,~'ouneatian :~661.OU atlas Founeation 25.0 pE:r hour L ~ ~ Founeatian :~35~O.Q0 Batson Fouraatior~ ~"70G0.00 :uiscussion was hale by tht Council about the ;~oesibi.lity o~ ar. overlay on the floor but that woulc also recuire the rest-roors doors to be re-worker anc. possibly the walls arounc the rest roor.s. 1t taas deciaea that the rud-jackinc; would probably fill in all the voids under the library floor anc lc~ve:.l the builcinc c>nauc~h. :otior_ r.,ade by Launius, serene by Gillar.c to acce`~t bie cf Great ;.eSt rouncation in the ar;..aunt of ~661.Oi3, tnaniit:ausly c-~Yravec. This t•ror}c to be aor.~e in ,Tarn.Lzry. s'ederal Floor Insurance ~~:r. i~~ctntire saic there would have to ut an engineerinc sur~,7~-y r: ae~ of the area, a Sc'ricS of OrdlnanCES ~cSSrra arG *"ESalutlan fare ~,~e coulc? cualify far the flood ins E. saic in sor:~e i.nstarces that he air nat believ` that the. muses that hoc ~•;at~~r In t?parr; c~urinc the flash flood ~7oula cualify far the insurance after ^ass~:cc~ of the:: ordnance. Gcrar.e :~G1es Crcinance ~_r. car:tire ~.r~s~ntea Each Councilman s~:it?~ a ca;-:y of an rrcirac~a, 1~:hich ha sug~astE=c that not ~~~ss, but iar ~:ach of tha to rt~.-:~ev:~ i. t Council ~•ras unanir:ous in their c.E_cisior. tc table t?pis until the nExt regular r.eetinc:. Chil.a Care in the hay: e~ ..fteY considerable c.;iscussion cf .ra.ntirc C: v~ianc~: to our zoninc,, arG1T~nC~ that ~a70U1C1 cilaP; C?111Ci Care in a rES1CE'ntlcl arE'a. it G~'c;s the, decisian of the Cat.ncil otion r..aae by r:lein, s~canc by Launius that our ;aresent ard:inr nee should be enforced as it is ~~resently ~arittt~n, t;r.a.nir.:cusly a:~:~rovec . ~•.ayor Daniels stateG that tY',e City Council hoc aeciced to grant raises as in the y ay ;lan anc effective ~ricr to '~-~hGs~: 1, re:tra- active to Gctober 1st. ~..ayor Daniels recuest~~.a-:ch Councilmen ~~_c:: tE•••o r.en sa t?iat 4;E i:~«ulc have a cross section of citizens f.ron: all ave~~r the City tc fc~r:: c corr;ri:ittee that ~rould inforr- thE. ~:czunsilr.~::en ~•:hat thy: .~F_o_~le: desired frog: their City ~:overni~•er~t - G - pan Gillcrc :~re:sentec a~ic for t'ne ;~vintinc anc car acting of thc> Library as follor:~s: 'Tony ~antoyo 1760.JC i:otion n:,ade by ~lE:in, se:conc by Lrunius to grant bic; to ~1'ony aantoyo in thz ar~;ount of :~1?EQ.~u linanirozsly ~e,~.~rovec. Council a~orizec tiZe fol.louinc holicalTs Christ::us P3ooni1~c. 3 to De:c. 27th. ~~;ew ~e.ars A;oon Dec. 3~ to Jcn. 3. >.otion to acjourn at v:~5 L~ranir~~ously ~~~~~~rovea. :~:s~ectfully sut ,ittec, Y Luoy =st . ~ r au1 C. Dar.it.ls, _cyor