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<br />ORDINANCE NO. 04-~ <br /> <br />AN ORDINANCE AMENDING CHAPTER 94, FLOODS, DIVISION 3 STANDARDS, OF <br />THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BY AMENDING SECTION <br />94-87 SPECIFIC STANDARDS AND SECTION 94-89, STANDARDS FOR AREAS OF <br />SHALLOW FLOODING, PROVIDING A NEW BASE FLOOD ELEVATION OF ONE <br />FOOT ABOVE BASE FLOOD LEVEL; FINDING COMPLIANCE WITH THE OPEN <br />MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY <br />CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS <br />ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON <br />CONVICTION SHALL BE FINED A SUM OF NOT TO EXCEED TWO THOUSAND <br />DOLLARS ($2,000.00) FOR EACH VIOLATION; AND PROVIDING AN EFFECTIVE <br />DATE HEREOF. <br /> <br />WHEREAS, the Legislature of the State of Texas has delegated the responsibility <br /> <br />to local governmental units to adopt regulations designed to minimize flood losses, and <br /> <br />WHEREAS, it is incumbent upon the City of La Porte to adopt regulations <br /> <br />consistent with state law; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE <br />CITY COUNCIL OF THE CITY OF LA PORTE: <br /> <br />SECTION 1. Section 94-87. Specific Standards of the Code of Ordinances is <br /> <br />hereafter amended to read as follows: <br /> <br />Sec. 94-87. Specific standards. <br /> <br />In all areas of special flood hazards where base flood elevation data has been <br />provided as set forth in section 94-38, subsection 94-62(8) or subsection 94-88(d), <br />the following provisions are required: <br /> <br />(1) Residential construction. New construction and substantial improvement <br />of any residential structure shall have the lowest floor, including basement, <br />elevated at least one foot above the base flood elevation. A registered <br />professional engineer or land surveyor shall submit a certification to the <br />floodplain administrator that the standard of this subsection as proposed in <br />subsection 94-64(a)(1), is satisfied. <br /> <br />(2) Nonresidential construction. New construction and substantial <br />improvements of any commercial, industrial or other nonresidential <br />structure shall either have the lowest floor (including basement) elevated <br />to or above the base flood level or, together with attendant utility and <br />sanitary facilities, be designed so that below the base flood level the <br />structure is watertight with walls substantially impermeable to the passage <br />