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HomeMy WebLinkAboutOrdinance 10182ORDINANCE NO. Q AN ORDINANCE AMENDING CHAPTER 7 "BUILDING," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 7 -317, PROVIDING FOR AREAS OF SPECIAL FLOOD HAZARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA- TIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 7, "Building," of the Code of the City of Fort Worth (1986), as amended, be amended by amending Section 7 -137, such section to be as follows: t "Sec. 7 -137. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the engineering report entitled "The Flood Insurance Study for the City of Fort Worth," effective November 18, 1988, with accompany- ing Flood Insurance Rate- Maps and Flood Boundary - Floodway Maps (FIRM and FBFM) or any amended or supplementary maps, or any comparable or similar map which is a substitute or replacement thereof, as well as any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter." SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas ( 1986) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. s a SECTION 3. 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 unconstitu- tional 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. SECTION 4. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Section 1 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 5. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: n•�City A torney Date: 10 ` S ,Fg ADOPTED: I cc) -lI''�� EFFECTIVE: -2- fER FILE 9 , City of Fort Worth, Texas • -- ygPORTATION�PUBLIG WORKS- Mayor � a y ®r Nn Council Communication TER ADMINISTRATION a DATE REFERENCE SUBJECT AMENDMENT OF FLOODPLAIN PAGE NUMBER MANAGEMENT ORDINANCE NO. 10056 2 10 -11 -88 G -7774 Of RECOMMENDATION It is recommended that "Section 7 -317. Basis for Establishing the Areas of Special Flood Hazard" of City Ordinance Number 10056 be amended as follows "Section 7 -317 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the engineering report entitled "The Flood Insurance Study for the City of Fort Worth," effective November 18, 1988, with accompanying Flood Insurance Rate Maps and Flood Bound ary- Fl oodway Maps (FIRM and FBFM) or any amended or supplementary maps, or any comparable or similar map which is a substitute or replacement thereof, as well as any revisions thereto are hereby adopted by reference and declared to be a part of this article " DISCUSSION; On February 2, 1988 (M &C G- 7427), City Council approved the adoption of Floodplain Ordinance No 10056 Ordinance No 10056 is an amended version of the City's previous floodplain management ordinance, Ordinance No 8095. The amendment of Ordinance No 8095 was required to comply with changes in the National Flood Insurance Program regulations and to insure the City's continued participation in that program "The Flood Insurance Study for the City of Fort Worth" is a study published by the Federal Emergency Management Agency (FEMA) FEMA is the primary agency responsible for implementation and coordination of the National Flood Insurance Program The study, which is referenced in Section 7 -317 of City Ordinance No 10056, is the basis of establishing flood prone areas and is used by federally insured lending institutions to establish flood insurance requirements and by the City as a tool in managing development within floodplain areas. On July 1, 1986, FEMA submitted several copies of a preliminary "Flood Insurance Study for the City of Fort Worth" as an initial step in updating the previous Flood Insurance Study through a formal appeal and acceptance process That process included legal notification to the community through publication of the proposed base flood elevations (BFE's) in the Fort Worth Star Telegram and the Federal Register A statutory ninety day appeal period was initiated to allow the community to dispute or correct any errors or other deficiencies found in the proposed study The City of Fort Worth responded to that appeal period with 34 projects and 11 annexation areas which were apparently not included in the proposed study. Those appeals were officially resolved and FEMA notified the City on April 8, 1988 J DATE REFERENCE SUBJECT AMENDMENT OF FLOODPLAIN PAGE NUMBER MANAGEMENT ORDINANCE NO. 10056 2 of 2 10 -11 -88 G -7774 On May 18, 1988, FEMA notified the City that the BFE's are considered final and that the effective date of the City's Flood Insurance Study will be November 18, 1988 The City was also notified that we are required to amend our floodplain management ordinance such that it will reference the effective date of the Flood Insurance Study DA I d /m /6 APPROVED er C TY COUNCIL OCT c1,7 matey of ti, City of Pon vvortk x" SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY David Ivory ❑ APPROVED ORIGINATING C1 OTHER (DESCRIBE) DEPARTMENT HEAD, Gary Santerre , ) CITY SECRETARY � FOR ADDITIONAL INFORMATI N CONTACT R rice 7959 r Adopted Ordinance lio, l ol$ DATE