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<br /> -6- <br />Sec. 5-51. Lands to which this artic1e app1ies. <br /> <br /> This article shall apply to all areas of special flood hazard <br />within the corporate limits of the City of San Marcos, Texas. <br />Sec. 5-52. Basis for estab1ishing the areas of specia1 f100d hazard. <br /> <br /> The areas of special flood hazard identified by the Federal <br />Emergency Management Agency in a scientific and engineering report <br />entitled, "The Flood Insurance Study for San Marcos, Texas," dated <br />September, 1990, with accompanying flood insurance rate maps and flood <br />boundary-floodway maps (FIRM and FBFM) and any revisions thereto are <br />hereby adopted by reference and declared to be a part of this article, <br />effective September 5, 1990. <br />Sec. 5-53. F100dp1ain permit. <br /> <br /> A floodplain permit shall be required to ensure conformance with <br />the provisions of this article. <br />Sec. 5-54. Comp1iance. <br /> <br /> No structure or land shall hereafter be located, altered, or have <br />its use changed without full compliance with the terms of this article <br />and other applicable regulations. <br />Sec. 5-55. Abrogation and greater restrictions. <br /> <br /> This article is not intended to repeal, abrogate, or impair any <br />existing easements, or deed restrictions. However, where this article <br />and another conflict or overlap, whichever imposes the more stringent <br />restrictions shall prevail. <br />Sec. 5-56. Interpretation. <br /> <br /> In the interpretation and application of this article, all <br />provisions shall be: <br /> (1) Considered as minimum requirements; <br /> (2) Liberally construed in favor of the City; <br /> ( 3) Deemed neither to limit nor repeal any other powers granted <br /> under state statutes. <br />Sec. 5-57. Warning and disc1ai.Jaer of 1iabi1ity. <br /> <br /> The degree of flood protection required by this article is <br />considered reasonable for regulatory purposes and is based on <br />scientific and engineering considerations. On rare occasions, greater <br />floods can and will occur and flood heights may be increased by <br />manmade or natural causes. This article does not imply that land <br />outside the areas of special flood hazards or uses permitted within <br />such areas will be free from flooding or flood damages. This article <br />shall not create liability on the part of the City of San Marcos or <br />any of its officials or employees for any flood damages that result <br />from reliance on this article or any administrative decision lawfully <br />made under it. <br />Sec. 5-58. Designation of the f100dp1ain administrator. <br /> <br /> The Director of Environment and Engineering or the Director's <br />designee is appointed to administer and implement the provisions of <br />this article and other appropriate sections of 44 CFR (National Flood <br />Insurance Program regulations) pertaining to floodplain management. <br />Sec. 5-59. Duties and responsibilities of the f100dp1ain <br />administrator. <br /> <br /> Duties and responsibilities of the floodplain administrator shall <br />include, but not be limited to, the following: <br />