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<br />ORDINANCE NO. 1977 - 61,
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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SAN MARCOS, TEXAS, REPEALING ARTICLE III
<br />OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE
<br />CITY OF SAN MARCOS, TEXAS, SAID ARTICLE, EN-
<br />TITLED "FLOOD HAZARD AREAS", HAVING BEEN ADOPTED
<br />BY ORDINANCE 1974-70 ON NOVEMBER 25, 1974, AND
<br />WHICH PRESCRIBED FLOOD HAZARD AREA MAPS, SUB-
<br />DIVISION REGULATION FOR MINIMUM ELEVATIONS, FLOOD
<br />FLOW RESTRICTIONS, ETC.; ENACTING A NEW ARTICLE
<br />III OF CHAPTER 5 OF SAID CODE TO BE ENTITLED
<br />"FLOOD DAMAGE PREVENTION", WHICH ADOPTS THE
<br />FLOOD HAZARD BOUNDARY MAP AS THE BASIS FOR IDEN-
<br />TIFYING AREAS OF SPECIAL FLOOD HAZARD, DIS-
<br />CLAIMING LIABILITY, ESTABLISHING DEVELOPMENT
<br />PERMITS, DESIGNATING THE CITY MANAGER, OR HIS
<br />DESIGNEE, AS THE ADMINISTRATOR OF THIS ORDINANCE,
<br />PRESCRIBING THE DUTIES AND RESPONSIBILITIES OF
<br />THE ADMINISTRATOR OF THIS ORDINANCE, PRESCRIBING
<br />PROCEDURES FOR DEVELOPMENT PERMITS, ESTABLISHING
<br />VARIANCE PROCEDURES, PROVIDING STANDARDStFOR
<br />FLOOD HAZARD REDUCTION, PROVIDING PENALTY, AND
<br />PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
<br />AN EFFECTIVE DATE.
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<br />WHEREAS, the Legislature of the State of Texas has in TEX. Water Code
<br />Ann. ~16.315 (1977) delegated the responsibility to local governmental
<br />units to adopt regulations designed to minimize flood losses; a,nd,
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<br />WHEREAS, the flood hazard areas of the City of San Marcos are ~:ubj ect
<br />to periodic inundation which results in loss of life and property,
<br />health and safety hazards, disruption of commerce and governmental ser-
<br />vices, and extraordinary public expenditures for flood protection and
<br />relief, all of which adversely affect the public health, safety and
<br />general welfare; and, '
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<br />WHEREAS, these flood losses are created by the cumulative effect of
<br />obstructions in flood plains which cause an increase in flood heights
<br />and velocities, and by the occupancy of flood hazard areas by uses vul-
<br />nerable to floods and hazardous to other lands because they are in-
<br />adequately elevated, f10odproofed, or otherwise protected from flood
<br />damage; and,
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<br />WHEREAS, the City Council desires to promote the public health, safety
<br />and general welfare and to minimize public and private losses due to
<br />flood conditions in specific areas by provisions designed to:
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<br />1. Protect human life and health;
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<br />2. Minimize expenditure of public money for costly flood control
<br />projects;
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<br />3. Minimize the need for rescue and relief efforts associated wi
<br />flooding and generally undertaken at the expense of the gener
<br />public;
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<br />4. Minimize prolonged business interruptions;
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<br />5. Minimize damage to public facilities and utilities such as
<br />water and gas mains, electric, telephone and sewer lines, str
<br />and bridges located in flood plains;
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<br />6. Help maintain a stable tax base by providing for the sound us
<br />and development of flood-prone areas in such a manner as to
<br />minimize future flood blight areas; and,
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<br />7. Insure the potential buyers are notified that property is in
<br />a flood area; now, ther~fore,
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