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24 '<;:;:> ';;,--' ~ - ORDINANCE 1990- 98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 5-52 OF THE SAN MARCOS CODE OF ORDINANCES TO REVISE THE AREAS OF SPECIAL FLOOD HAZARD WITHIN THE CITY; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, section 5-52 of the San Marcos Code of Ordinances designates areas of flood hazard within the City as identified by the Federal Emergency Management Agency (FEMA) in a report entitled "The Flood Insurance Study for San Marcos, Texas" dated September, 1990; and, WHEREAS, FEMA has issued a Letter of Map Revision (LOMR) authorizing a revision to the areas of special flood hazard designated in section 5-52; and, WHEREAS, an amendment to section 5-52 is necessary in order to adopt and enforce the authorized revision to the designated areas of special flood hazard; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That section 5-52 of the San Marcos Code of Ordinances is hereby amended to read as follows: Sec. 5-52. Basis for establishinq the areas of special flood hazard. (a) The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for San Marcos, Texas," dated September, 1990, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this article, effective September 5, 1990. (b) FIRM number 485505, panel OOIOD, is hereby revised in accordance with the Letter of Map Revision (LOMR) issued to the City by the Federal Emergency Management Agency dated October 11, 1990, effective October 11, 1990. SECTION 2. That if any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. SECTION 3. That all ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed. SECTION 4. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalty provided in section 1-5 of the San Marcos Code of Ordinances. SECTION 5. That this Ordinance shall be in effect ten (10) days from and after its passage, and it shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPROVED on first reading November 26, 1990. PASSED AND APPROVED on second reading December 10, 1990.