HomeMy WebLinkAbout535 12-13-1977ORDINANCE NO. 535
AN ORDINANCE ESTABLISHING CONSTRUCTION LIMITATIONS
WITHIN FLOOD HAZARD AREAS, AS AUTHORIZED BY THE
NATIONAL FLOOD INSURANCE ACT OF 1968, AS XIENDED:
DESIGNATING THE EULESS BUILDING OFFICIAL AS THE
CITY OFFICIAL CHARGED WITH THE RESPONSIBILITY FOR
ADMINISTERING THE PROVISIONS OF AND DETERMINING
COMPLIANCE WITH THIS ORDINANCE; DECLARING AN EMERGENCY;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, certain areas of the City of Euless may be subject
to periodic flooding from streams and other watercourses within
the City which may cause damage to properties and improvements
lying within such areas; and
WHEREAS, the National Flood Insurance Act of 1968, as amended,
does provide a form of federally subsidized flood insurance to
provide compens4tory relief for property owners whose property
and improvements are damaged by such flooding provided certain
prerequisites for eligibility for such insurance have been met;
and
WHEREAS, it is the desire of the City of Euless, Texas, as
evidenced by previous resolutions adopted by the Euless City Council
to satisfy and comply with all such prerequisites so as to entitle
the citizenery of the City of Euless, Texas, to flood insurance
under the National Flood Insurance Act of 1968, as amended; and
WHEREAS, pursuant to such intent the Euless City Council does,
by adoption of this ordinance, desire to do all things necessary
to bring the City of Euless, Texas, into full compliance with
all requirements of the National Flood Insurance Act of 1968,
as amended;
NOW, THEREFORE BE IT ORDAINED BY THE EULESS CITY COUNCIL:
I.
The Building Official of the City of Euless, Texas, shall
assure that all new construction within the corporate limits of
the City of Euless, Texas, shall comply with the criteria re-
quired in Section 1910 of the National Flood Insurance Program
Regulations promulgated by the Federal Insurance Administration
pursuant to the terms of the National Flood Insurance Act of 1968,
as amended. As used herein the term construction shall include
the erecting, constructing, enlarging, altering, repairing, im-
proving, moving or demolishing of any building or structure within
the corporate limits of the City of Euless, Texas, under circum-
stances or conditions which would require the person, firm or
corporation performing such work to obtain a building permit
therefore under the Building Code of the City of Euless, Texas,
The Building Official of the City of Euless, Texas, shall,
before granting any such building permit required by the City
of Euless, Texas, Building Code assure that same is allowed
under Section 1910, above noted, of the National Flood Insurance
Program Regulations.
II.
The Building Official of the City of Euless, Texas, to carry
out the terms and conditions of this ordinance, is vested with
the responsibility, authority, and means to:
a) Delineate or assist the Administrator, at his request,
in delineating the limits of the areas having special
flood hazards on available local maps of sufficient
sale to identify the location of building sites.
b) Provide such information as the Administrator may request
concerning present uses and.occupancy of the flood plain.
c) Cooperate with Federal; State, and local agencies and
private firms which undertake to study, survey, map, and
identify flood plain and cooperate with neighboring
communities with respect to management of adjoining flood
plain in order to prevent aggravation of existing hazards.
d) Submit on the anniversary date of the community's initial
eligibility an annual report to the Administrator on the
progress made during the past'year within the community
in the development and implementation of flood plain
management measures.
III.
The Building Official of the City of Euless, Texas, is hereby
further authorised and appointed to maintain for public inspection
and to furnish upon request, record of elevation (in relation to
mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures situated within the
corporate limits of the City of Euless, Texas, and located in
any special flood hazard areas. If such lowest floor is below
grade on one or more sides, the elevation of the floor immediately
above such grade shall also be recorded and the record thereof
maintained by such Building Official.
Iv.
That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
V.
The fact that the enactment of an ordinance establishing
construction limitations within flood hazard areas, as authorized
by the National Flood Insurance Act of 1968, as amended, is
necessary to preserve and continue the public business, health,
safety and general welfare of the citizens of the City of Euless,
Texas, creates an emergency in the immediate passage of same, and
requires that this'Ordinance shall take effect immediately from
and after its passage, and it is accordingly so ordained.
VI.
This Ordinace shall be in full force and effect from and
after its adoption as provided by the Euless City Charter and
the laws of the State of Texas.
Presented and adopted on first reading at a regular meeting
of the Euless City Council on the 13th day of December, 1977, by
a vote of 5 yeas and 0 nays, with 0 absentions.
d 1V
Harold Samuels, Mayor
ATTEST:
Della Houy, City Secret y
APP OVED AS O FORM:
City Attorney