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HomeMy WebLinkAbout1996-10-28 Regular MeetingMINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL OCTOBER 28, 1996 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Jack Maxwell and Jerry Clarke Members of Council Absent: Councilperson Deotis Gay Members of City Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Finance/ACM Jeff Litchfield, Director of Administrative Services Louis Rigby, Director of Planning Guy Rankin, Police Chief Bobby Powell, Cash Manager Rick Overgaard, Accounting Supervisor Kathy Hutton, Payroll Accounting Technician Lorie Doughty, Accounts Payable Accounting Technician Sukki Choi Others Present: Several La Porte citizens 2. INVOCATION BY REV. DAVID CUTTING - LA PORTE COMMUNITY CHURCH The invocation was delivered by Rev. David Cutting pastor of La Porte Community Church. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING OCTOBER 14, 1996 Motion was made by CouncilMrson Maxwell to approve the minutes of October 14 as presented Second by Councilperson Thrower. The motion carried, 8 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: None 4. PRESENTATION: A. DISTINGUISHED BUDGET PRESENTATION AWARD - R. T. Herrera City Manager Robert T. Herrera asked Director of Finance/ACM Jeff Litchfield and members of his staff Rick Overgaard, Kathy Hutton, Lorie Doughty, and Sukki Choi to come forward. Mr. Herrera expressed his pleasure in recognizing the City's Department of Finance for receiving the Distinguished Budget Presentation Award for the fiscal year beginning October 1, 1995, from the Government Finance Officers Association. Mr. Herrera congratulated Mr. Litchfield and his staff. Mr. Litchfield stated his pride for his department's achievements, and he introduced the members of his staff present tonight and explained their job duties. Mayor Malone and Councilperson Cooper expressed Council's appreciation and their congratulations for a job well done. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL There were no citizens wishing to address council. Minutes Regular Meeting La Porte City Council October 28, 1996, Page 2 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE REPLACING CHAPTER 10 1/2 OF THE CODE OF ORDINANCES ENTITLED "FLOOD DAMAGE PREVENTION ORDINANCE" (Ord. 1533-A) - G. Rankin Director of Planning Guy Rankin reported the summary and recommendation for staff s request to approve Ordinance 1533-A to replace existing Ordinance 1533, entitled Flood Damage Prevention Ordinance. Mr. Rankin reported FEMA requires the City of La Porte to periodically update its existing Flood Damage Prevention Ordinance in order to maintain its compliance with the National Insurance Program. City Attorney read: ORDINANCE 1533-A - AN ORDINANCE REPLACING CHAPTER 10 1/2 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ENTITLED "FLOOD DAMAGE PREVENTION ORDINANCE"; MAKING FINDINGS OF FACT AND RECITING STATUTORY AUTHORIZATION FOR SAID CHAPTER 10 1/2, AND MAKING A STATEMENT OF THE PURPOSES OF SAME; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING THE LAND WITHIN THE CITY OF LA PORTE TO WHICH THIS ORDINANCE APPLIES, AND THE BASIS FOR WHICH SAID LANDS WERE DETERMINED; PROVIDING FOR A FLOOD PLAIN DEVELOPMENT PERMIT; PROVIDING THAT NO STRUCTURE OR LAND SHALL BE LOCATED, ALTERED, OR HAVE ITS USE CHANGED WITHOUT FULL COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR THE DESIGNATION OF A FLOOD PLAIN ADMINISTRATOR FOR THE CITY OF LA PORTE, TO ADMINISTER THIS ORDINANCE AND PERMIT PROCEDURES; PROVIDING FOR A VARIANCE PROCEDURE, TO BE ADMINISTERED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING GENERAL AND SPECIFIC STANDARDS FOR FLOOD PLAIN HAZARD REDUCTION, AND STANDARDS FOR AREAS OF SHALLOW FLOODING; PROVIDING STANDARDS FOR DEVELOPMENT PROPOSALS WITH THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve the Ordinance 1533-A as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: None i • Minutes Regular Meeting La Porte City Council October 28, 1996, Page 3 7. CONSIDER AWARDING A CONTRACT FOR THE PURCHASE OF COMPUTER PARTS AND RELATED EQUIPMENT TO KOMPUTER + PERIPHERALS - L. Rigby Director of Administrative Services Louis Rigby reviewed the summary and recommendation for the request to approve a contract award to Komputer + Peripherals to furnish computer parts and related equipment in the amount of $125,000.00. Motion was made by Councilperson Clarke to approve the award of a contract to Komputer + Peripherals for computer parts and related equipment. Second by Councilperson Porter. The motion carried, 8 ayes, 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: None 8. ADMINISTRATIVE REPORTS A. HOLIDAY SCHEDULE FOR CITY COUNCIL MEETINGS B. PUBLIC RELATIONS PROGRAM REGARDING COMPOST/MULCH HANDOUT City Manager Robert T. Herrera reminded Council the recommended dates for the City Council meetings for November and December are November 11 and December 16. Mr. Herrera reported the public relations program initiated by Public Works regarding the Compost/Mulch handout has been widely accepted by the citizen of La Porte, and this program is one that we hope to continue in the future. Mr. Herrera reminded Council the La Porte Special Programs Center will hold their ribbon cutting ceremony this Thursday, October 31, 1996, at 4:00 P.M. 9. COUNCIL ACTION Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Maxwell, and Mayor Malone brought items to Council's attention. 10. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.072 - (REAL PROPERTY) RECEIVE REPORT FROM CITY MANAGER REGARDING POSSIBLE LAND LEASE ON NORTH BROADWAY 0 • Minutes Regular Meeting La Porte City Council October 28, 1996, Page 4 Council retired into executive session at 6:25 P.M. under A) Section 551.072 - (Real Property), Receive report from City Manager regarding possible land lease on North Broadway. Council returned to the table at 6:54 P.M. with no action taken. 11. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There were no considerations for this item. 12. ADJOURNMENT There being no further business to come before Council, the meeting was duly adjourned at 6:55 P.M. Respectfully submitted, Sue Lenes, City Secretary Passed and Approved this the IIth day of November, 1996 /ham N L. Malone, Mayor 4 PRESENTATION DISTINGUISHED BUDGET PRESENTATION AWARD Granted By the Government Finance Officers Association (GFOA) of the United States and Canada /r - j� 4 0 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 August 29, 1996 Mr. Robert T. Herrera City Manager City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571 Dear Mr. Herrera: C SEP CITY iL]nNaCER� GF'CjCL I am pleased to notify you that the City of La Porte, Texas has received the Distinguished Budget Presentation Award for the current year, from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Jeff F. Litchfield, Assistant City Manager We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, Q Jeffrey L. Esser Executive Director JLE/af Enclosure WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, OC 20006 202/429-2750 • Fax: 202/429-2755 i = • GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 August 29, 1996 312/977-9700 • Fax: 312/977-4806 PRESS RELEASE For Further Information Contact RELEASE IMMEDIATELY Stephen J. Gauthier (312) 977-9700 ****************************************************************************** Chicago --The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that the City of La Porte, Texas has -received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: • a policy document • a financial plan • an operations guide • a communication device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Jeff F. Litchfield, Assistant City Manager. Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in 1984, approximately 700 entities have received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 12,650 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 i C� (5 BEAT FOR CITY COUNCIL AGENDA ITS Agenda Date Requested: October 28 1996 Requested By: Guy Rankin Department: Planning Report Resolution X Ordinance Exhibits: 1. Outline highlighting changes to existing ordinance. 2. Table of Contents; Ordinance 1533-A 3. Ordinance 1533-A UMMARY & REC MMENDATION The City of La Porte is required by the Federal Emergency Management Agency (FEMA) to periodically update our existing Flood Damage Prevention Ordinance (Ord. No. 1533). These updates are necessary for the City to maintain compliance with National Flood Insurance Program (NFIP) regulations. By updating the ordinance, per FEMA guidelines for the NFIP, the City ensures that its citizens will be able to acquire adequate flood insurance at reasonable rates. Currently, FEMA has completed its most recent Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for our community. These documents will become effective on November 6, 1996. In order to maintain our standing in the NFIP, the City is required to submit to FEMA, certified documentation of its adopted flood damage prevention measures. Submittal of these measures, as defined in Ordinance 1533-A, attached, is due by the effective date of FEMA's new FIS and FIRM publications. Staff has reviewed the City's existing Flood Damage Prevention Ordinance (Ord. No. 1533), and has determined that certain additions are necessary in order to comply with FEMA regulations established for the NFIP. These additions have been incorporated into a draft of the revised ordinance and submitted to FEMA for preliminary review. FEMA has reviewed and approved the City's draft ordinance and will give final approval of the City's flood damage prevention measures upon receipt of the certified ordinance officially adopting these measures. Recommendation Staff recommends adoption of Ordinance No. 1533-A in order to comply with FEMA requirements of the National Flood Insurance Program. Action Required by Council: Consider approval of Ordinance 1533-A to replace existing Ordinance No. 1533, entitled Flood Damage Prevention Ordinance. Availability of Funds: N/A _ General Fund _ Water/Wastewater Capital Improvement _ General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Agenda Herrera DATE City Manager OUTLINE OF CHANGES (FLOOD DAMAGE PREVENTION ORDINANCE) Article 2 - Definitions: The following items have been added and defined within the ordinance. BASEMENT EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXIST. MANUFACTURED HOME PARK OR SUBD. HISTORIC STRUCTURE NEW MANUFACTURED HOME PARK OR SUBDIVISION RECREATIONAL VEHICLE SUBSTANTIAL DAMAGE Article 3 - General Provisions: Section B: Basis for Establishing the Areas of Special Flood Hazard REVISES REFERENCE TO LATEST FEMA FLOOD INSURANCE STUDY Article 4 - Administration: Section B: Duties & Responsibilities of the Floodplain Administrator Item 6: ADDS TNRCC TO LIST OF AGENCIES TO NOTIFY PRIOR TO ALTERATION OR RELOCATION OF A WATERCOURSE IN RIVERINE SITUATIONS Item 10: ADDS PROVISION FOR CITY TO APPROVE CERTAIN DEVELOPMENTS IN FLOOD ZONES Section D: Variance Procedures Item 9: ADDS STANDARDS FOR ISSUANCE OF VARIANCES FOR REHAB/REPAIR OF HISTORIC STRUCTURES Article 5 - Provisions for Flood Hazard Reduction: Section B: Specific Standards Item 4A: ADDS REQUIREMENTS FOR ANCHORING OF MANUFACTURED HOMES Item 4B: REVISES STANDARDS FOR MANUFACTURED HOMES Item 5: ADDS STANDARDS FOR RECREATIONAL VEHICLES Section F: Coastal High Hazard Areas Item 8: ADDS STANDARDS FOR MANUFACTURED HOMES Item 9: ADDS STANDARDS FOR REC. VEHICLES Certificate: REVISES ORD. TO BE EFFECTIVE IMMEDIATELY CITY OF LA PORTE, TEXAS ORDINANCE NO. 1533-A FLOOD DAMAGE PREVENTION ORDINANCE TABLE OF CONTENTS PAGE ARTICLE 1 STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJECTIVE ---- ----------____________-------- 1-4 Section A Statutory Authorization --_______________--- -------- --------------- 3 Section B Finding of Fact------ ------------------ 3 Section C Statement of Purpose------- --______—_—_______--_____— —__ 3-4 Section D Methods of Reducing Flood Losses --- ----------------------- -------- 4 ARTICLE 2 DEFINITIONS ------ —________—____------------------------- _------ ---- 5-11 ARTICLE 3 GENERAL PROVISIONS-------------------------------------------- 12-13 Section A Lands to Which This Ordinance Applies------------------------------- 12 Section B Basis for Establishing the Areas of Special FloodHazard--------------------------------------------------------- 12 Section C Establishment of Development Permit --------------------- ---------- 12 Section D Compliance — --- ----- __------ 12 Section E Abrogation and Greater Restrictions ---- ----------------- ------ ------ 12 Section F Interpretation ------_—___—_______—________—_------------- ------- 12 Section G Warning and Disclaimer of Liability --- — ------ —_________—___------ --- 13 ARTICLE 4 ADMINISTRATION ---------------__— ----------- ______—___—______ 14-18 Section A Designation of Flood Plain Administrator--------------------------- 14 Section B Duties and Responsibilities of the Flood Plain Administrator---_— _____— 14-15 Section C Permit Procedures ---_w-_- ---------------- 15-16 Section D Variances Procedures -------- ------------------- —__ 16-18 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION ---------- 19-27 Section A General Standards----------____------------- ------ —__— ---- __--- ------- 19 Section B Specific Standards— ___—______—_-------------- 19 1 Residential Construction -------- -------------------- ------ -- -------- — 19-20 2 Non -Residential Construction —--- —------------- --------_____—__------ 20 3 Enclosures ----------------------- --- ------------- ---------- ------------- 20 4 Manufactured Homes --------------------- --------------------- --- 20-22 5 Recreational Vehicles--______ — ----------------------- — -------- — 22_23 Section C Standards for Development Proposals -- -------- —__M----- --__- 23 Section D Standards for Areas of Shallow Flooding (AD/AH) Zones 23-24 Section E Floodways ------------------------------- 24 Section F Coastal High Hazard Areas --- —__— 24_27 ORDINANCE NO. 1533-A AN ORDINANCE REPLACING CHAPTER 10 Y2 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, ENTITLED "FLOOD DAMAGE PREVENTION ORDINANCE"; MAKING FINDINGS OF FACT AND RECITING STATUTORY AUTHORIZATION FOR SAID CHAPTER 10 1/2, AND MAKING A STATEMENT OF THE PURPOSES OF SAME; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING THE LAND WITHIN THE CITY OF LA PORTE TO WHICH THIS ORDINANCE APPLIES, AND THE BASIS FOR WHICH SAID LANDS WERE DETERMINED; PROVIDING FOR A FLOOD PLAIN DEVELOPMENT PERMIT; PROVIDING THAT NO STRUCTURE OR LAND SHALL BE LOCATED, ALTERED, OR HAVE ITS USE CHANGED WITHOUT FULL COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR THE DESIGNATION OF A FLOOD PLAIN ADMINISTRATOR FOR THE CITY OF LA PORTE, TO ADMINISTER THIS ORDINANCE AND PERMIT PROCEDURES; PROVIDING FOR- A VARIANCE PROCEDURE, TO BE ADMINISTERED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING GENERAL AND SPECIFIC STANDARDS FOR FLOOD PLAIN HAZARD REDUCTION, AND STANDARDS FOR AREAS OF SHALLOW FLOODING; PROVIDING STANDARDS FOR DEVELOPMENT PROPOSALS WITH THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Legislature of the State of Texas has in Article 8280-13, V.T.C.S., as amended, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses; and WHEREAS, flood hazard areas of the City of La Porte are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare; and WHEREAS, these flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage; and WHEREAS, the City Council of the City of La Porte deems it necessary in order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provision designed: 0 • Ordinance 1533-A continued Page 2 To protect human life and health; To minimize expenditure of public money for costly flood control projects; To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; To minimize prolonged business interruptions; To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; To help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and To insure that potential buyers are notified that property is in a flood area; and WHEREAS, in order to accomplish its purposes, the City Council of the City of La Porte deems an Ordinance necessary which uses the following methods: Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increase in flood heights or velocities; Require that uses vulnerable to floods, including facilities which serve as such uses, be protected against flood damage at the time of initial construction; Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; Control filling, grading, dredging and other development which may increase flood damage; Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters of which may increase flood hazards to other lands. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, SECTION 1. Chapter 10 1/2, entitled Flood Damage Prevention Ordinance" of the Code of Ordinances of the City of La Porte, is hereby amended, by replacing said Chapter 10'/z , to read as follows, to wit: • • Ordinance 1533-A continued Page 3 ARTICLE 1 STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND METHODS Section A. Statutory Authorization The Legislature of the State of Texas has in Article 8280-13, V. T. C. S., delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City of La Porte, Harris County, Texas, does ordain as follows: Section B. Findings of Fact (1) The flood hazard areas of La Porte are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. Section C. Statement of Purpose It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific area by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and gen6rally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; 0 • Ordinance 1533-A continued Page 4 (6) To help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) To insure that potential buyers are notified that property is in a flood area; Section D. Methods of Reducing Flood Losses In order to accomplish its purpose, this Ordinance uses the following methods: (1) Restrict or prohibit land uses that are dangerous to health, safety or property in times of flood, or cause excessive increase in flood heights or velocities; (2) Require that land uses vulnerable to floods, including facilities which serve as such land uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Ordinance 1533-A continue • Page 5 ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. APPEAL - means a request to the Appeal Board for a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. APPEAL BOARD - means the Planning and Zoning Commission of La Porte AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on La Porte's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within La Porte subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AK, AH, AO, Al-99, V0, V1-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALLS - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without,causing damage to the elevated portion of the building of supporting foundation -tystem. COASTAL HIGH HAZARD AREA - means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V1-30, VE or V. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. 0 Ordinance 1533-A continued Page 6 DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a building in Zones Al-30, AK, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AK, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(d)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before November 1, 1975, the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Use of the term "Manufactured Home Park or Subdivision" pursuant to this Ordinance does not connote approval of the existence of said Manufactured Home Park or Subdivision as a lawful existing use pursuant to the City of La Porte Zoning Ordinance, Development Ordinance, or Mobile Home Park Ordinance. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD BOUNDARY-FLOODWAY MAP (FBFM) - means an official map of La Porte on which Federal Emergency Management Agency has delineated the areas of special flood hazard applicable to La Porte. Ordinance 1533-A continue • Page 7 FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of La Porte on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to La Porte. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles water surface elevations of the base flood, as well as the Flood Boundary-Floodway Map and the Flood Insurance Rate Map. FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities,!port facilities that are necessary for the loading and unloading of cargo or passengers; and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HABITABLE FLOOR - means any floor usable for the following purposes; which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor.' HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Ordinance 1533-A contin• • Page 8 HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as construction to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either: (a) By an approved state program as determined by the Secretary of Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LA PORTE - means the City of La Porte, Texas. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of levee, or levees, and associated structures, such as closure and drain devices, which are constructed and operated in accordance with engineering practices. LOWEST FLOOR - Pheans the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain 0 • Ordinance 1533-A continued Page 9 management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles, nor does it include modular homes. MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel of land (or contiguous parcels of land) divided into two or more manufactured home lots for which the facilities serving the lots (including but not limited to concrete pads, utilities, streets and drainage) have been completed. A manufactured home park offers lots for rent or lease. A manufactured home subdivision offers lots for sale. Use of the term "Manufactured Home Park or Subdivision" pursuant to this Ordinance does not connote approval of the existence of said Manufactured Home Park or Subdivision as a lawful existing use pursuant to the City of La Porte Zoning Ordinance, Development Ordinance, or Mobile Home Park Ordinance. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 (1973 releveling), to which base flood elevations shown on La Porte's Flood Insurance Rate Map are referenced. MODULAR HOMES (INDUSTRIALIZED HOUSING) - means a dwelling that is constructed, in conformance with the Texas Manufactured Housing Standards Act as revosed, in one or more modules at a location other than the homesite, or is constructed utilizing one or more modular components (i.e. a structural portion of said dwelling) and which is designed to be used as a permanent residence when the modular components or modules are transported to the homesite and are joined together, or are erected, and installed on a permanent foundation system, together with associated plumbing, heating, air-conditioning, and electrical systems. Said "modular home" shall bear the seal (as defined by said Act) of the Texas Department of Labor and Standards. For the purposes of this ordinance, a modular home bearing such seal is considered to offer resistance to flood damage equivalent to that of a site -built home constructed in accordance with the City Building Code. Pursuant to amendments to the Texas Manufactured Housing Standards Act, Modular Homes are also now referred to as "Industrialized Housing." NEW CONSTRUCTION - means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by the City of La Porte. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of facilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the City of La Porte. Use of the term "New Manufactured Home Park or Subdivision" pursuant to this Ordinance does not connote • Ordinance 1533-A continued Page 10 approval of the existence of said Manufactured Home Park or Subdivision as a lawful existing use pursuant to the City of La Porte Zoning Ordinance, Development Ordinance, or Mobile Home Park Ordinance. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date, The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged And is being -restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listing on the National Register of Historic Places or a State inventory of Historic Places. Ordinance 1533-A contin• • Page 11 VARIANCE - Is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with La Porte's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (1973 releveling) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. 9 • Ordinance 1533-A continued Page 12 ARTICLE 3. GENERAL PROVISIONS Section A. Lands to Which This Ordinance Applies This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of La Porte. Section B. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazards identified by the Federal Emergency Management Agency is a scientific and engineering report entitled "The Flood Insurance Study for the City of La Porte, Texas," dated November 6, 1996, with accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary-Floodway Maps (FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. Section C. Establishment of Development Permit A Development Permit shall be required to ensure conformance with the provisions of this Ordinance. Section D. Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Ordinance and other applicable regulations. Section E. Abrogation and Greater Restrictions This Ordinance is not intended to repeal, abrogate, or impair any existing ordinance easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section F. Intefpretation In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. 0 0 Ordinance 1533-A continued Page 13 Section G. Warning and Disclaimer of Liability The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of La Porte or any officer or any officer or employee thereof for any damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 0 • Ordinance 1533-A continued Page 14 ARTICLE 4. ADMINISTRATION Section A. Designation of the Floodplain Administration The Planning Director for the City of La Porte La Porte, or his designated representative is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. Section B. Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review Development Permit applications to determine whether proposed building sites will be reasonably safe from flooding. (3) Review, approve or deny all applications for Development Permits required by adoption of this Ordinance. (4) Review Development Permits for proposed development to assure that all necessary permits have teen obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, 'in riverine situations, adjacent communities and the State Coordinating Agency which is the Harris County Flood Control District and the Texas National Resource Conservation Commission, prior to any alteration or relocation of a watercourse. Submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 0 • Ordinance 1533-A continued Page 15 (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the City of La Porte may approve certain development in Zones Al-30, AE, and AH on the City of La Porte's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the City of La Porte first applies for a conditional FIRM revision through FEMA. Section C. Permit Procedures (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structuref shall be floodproofed; i. C. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B(2); C. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. Ordinance 1533-A continued • Page 16 d. Maintain a record of all such information in accordance with Article 4, Section (B)(1). (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; C. The danger that material may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. . Section D. Variance Procedures (1) The Planning and Zoning Commission of La Porte, as appointed and established by the City Council of La Porte, is designated the Appeal Board and shall hear and render judgment on requests for variances from the requirements of this ordinance. • • Ordinance 1533-A continued Page 17 (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size continuous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this Ordinance, the Appeal Board may attach such conditions to the granting of variances at it deems necessary to further the purpose and objective of this Ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum recessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Ordinance 1533-A continue • Page 18 b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. C. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by the City of La Porte for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D(1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Ordinance 1533-A contin• • Page 19 ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION Section A. General Standards In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements. (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters; and, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section B. Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(4), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including Basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a • 0 Ordinance 1533-A continued Page 20 certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings which have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than one foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Ordinance 1533-A continued • Page 21 (4) Manufactured Homes (a) All manufactured homes shall be anchored to resist floatation, collapse, or lateral movement by providing over -the -top and frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind. Specific requirements shall be: (i) Over -the -top ties at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 5G feet long requiring one additional tie per side; (ii) Frame ties at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (iii) All components of the anchoring system capable of carrying a force of 4,800 pounds; (iv) Any additions to the manufactured home similarly anchored. (v) Alternate means of anchorage such as those presented in the September 1985 FEMA Manual "Manufactured Home Installation in Flood Hazard Area" may be used if approved by the Flood Plain Administrator. (b) For manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites: (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the based flood elevation and be secure anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Ordinance 1533-A contin• • Page 22 (c) For manufactured home to be placed or substantially improved on sites in an existing manufactured home park or subdivisions within Zones Al-30, AH, and AE on the City of La Porte's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicles For recreational vehicles placed on sites within Zones A1-30- AH, and AE on the City of La Porte's FIRM either: (a) be on the site for fewer than 180 consecutive days, (b) be fully licensed and ready for highway use, or (c) meet the permit requirements of Article 4, Section C(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Section C. Standards for Development Proposals (1) All development proposals including manufactured home park and development shall be consistent with Article 1, Sections B, C, and D of this Ordinance. (2) All proposals for developments including manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this Ordinance. • • Ordinance 1533-A continued Page 23 (3) Base flood elevation data shall be generated for subdivision proposals and other proposed developments including manufactured home parks and subdivisions, which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B(8) of this Ordinance. (4) All development proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All development proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. Section D. Standards for Areas of Shallow Flooding (AD/AH) Zones Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as areas of Shallow Flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on La Porte's FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements of nonresidential structures; (a) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on La Porte's FIRM (at least two feet if no depth number is specified), or; (b) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (1)a., are satisfied. • Ordinance 1533-A continued Page 24 (4) Require within Zones structures on slopes, proposed structures. Section E. Floodways AH or AO adequate drainage paths around to guide flood waters around and away from Located within areas of special flood hazard established in Article 3, Section B, are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply; (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article Section F. Coastal High Hazard Areas Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as Coastal High Hazard Areas (Zones V1-30, VE and for V.) These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Ordinance, the following provisions must also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The Floodplain Administrator shall maintain a record of all such information. (2) All new Construction shall be located landward of the reach of mean high tide. (3) All new construction and substantial improvements shall be elevated on pilings and columns so that: (a) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; • • Ordinance 1533-A continued Page 25 (b) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loading acting simultaneously on all building components. Wind and water loading valves shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval); (c) a registered professional engineer or architect shall develop or review the structural design, specification and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (3)(i) and (ii) of this section. (4) Provide that all new construction and substantial improvement have the space below the lowest floor either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse and not cause displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and ndnstructural). Maximum wind and water loading values to be used in this determination shall each have one percent change of being equaled or exceeded in any given year (100-year mean recurrence interval). (5) If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. Ordinance 1533-A continued Page 26 (6) Prohibit the use of fill for structural support of buildings. (7) Prohibit man-made alteration of sand dunes and mangrove stands which would increase potential flood damage. (8) Manufactured Homes Manufactured home placed or substantially improved within Zone V1-30, V, and VE on the City of La Porte's FIRM on sites: (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park of subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of paragraphs (1) through (7) of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V, and VE on the City of La Porte's FIRM meet the requirements of Article 5, Section B94) of this ordinance. (9) Recreational Vehicles For recreational vehicles placed on sites within Zones V1-30- V, and VE on the City of La Porte's FIRM either: (a) be on the site for fewer than 180 consecutive days, (b) be fully licensed and ready for highway use, or (c) meet the permit requirements of Article 3, Section C of this ordinance and paragraphs (1) through (7) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking dystem, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Ordinance 1533-A contin• • Page 27 SECTION 2. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of this Ordinance or any amendments hereto, or any other ordinance, statute or code, that permits and regulates the subject matter of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. SECTION 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. SECTION 5. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Ordinance 1533-A continued Page 28 SECTION 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED this the 28 day of OCTOBER , 1996. CITY OF LA PORTE By: /W/W A4/ rrma-n L.Ua-lonal. Mayor ATTEST: By: _ f��4 Sue Lenes, City Secretary 0 0 Ordinance 1533-A continued Page 29 CERTIFICATE It is hereby found and declared by the City of La Porte that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the,future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. 9�'M t'�t No an L. M lone, Mayor I, the undersigned, ScA-.P, Le" es , do hereby certify that the above is a true and correct copy of an Ordinance duly adopted by the City Council of The City of La Porte, Texas, at a regular meeting duly convened on (SEAL) City Secretary FOR C—W COI1, A*EM Agenda Date RE Requested By: Exhibits: epartment: >n Administrative Services Ordinance Requests For Proposals for microcomputer systems and components were mailed to sixteen (16) area vendors with five (5) returning proposals to furnish these components to the City for the next twelve (12) months. Two of the offers did not meet the requirements of the RFP and were not considered. Komputer + Peripherals, a company based in Houston and the City's current supplier, made the best offer which includes lowest price on most items and a proven track record in supplying parts to the City with an acceptable warranty that they will stand behind. The total cost to the City for the year is estimated to be $125,000. Sufficient funds were budgeted for these expenditures. Approximately $26,900 will come from Fund 23, the Computer Replacement Fund to replace/upgrade existing computers, and approximately $16,700 will come from Fund 01, the general fund, to purchase new computers and peripherals, such as printers, that were approved during the budget meetings with Council. Of the remaining request, $60,480 will come from Fund 15, the Capital Improvement Project Fund, and be used to upgrade existing machines to update the operating system which will allow revisions to the City's word processing and spreadsheet applications. The remainder of the request, $20,920, is a contingent amount and will be used for any unforeseen equipment failures during the year. Action Required by Council: Approve contract award to Komputer + Peripherals to furnish to the City computer parts and related equipment in the amount of $125,000. Availability of Funds: X General Fund Water/Wastewater X Capital Improvement General Revenue Sharing X Computer Replacement Fund Account Number: Various Funds Available: _X Yes No Approved for City Council Agenda d 6 Date CITY OF LA PORTE INTER -OFFICE MEMORANDUM To: Louis Rigby, Director Admin. Services From: Larry Mabe, MIS Manager Date: Tuesday, October 22,1996 Subject: RFP #0063 Results I have reviewed the five proposals submitted on October 7, 1986 in response to the Request for Proposal number sixty-three. The following comments are the basis for my recommendation to renew our contract with Komputer + Peripherals. Multi Systems Support This company has been in business for two years and they only have one permanent technical staff member. The firm provided no financial report. Due to the short time in business, limited staff, and unknown fiscal status, I could not recommend this company. Leadman Electronics Leadman is a national company. They did not provide a financial statement. It is to be faxed from their headquarters. They submitted only one local reference. The results of this one call was positive. I asked Mr. Ullah for references from the Houston area. I have not received them yet. The local store has been in business in the Houston area for six years and has four permanent technical staff members. This company was the highest on the major upgrade items but in the middle on the adjusted cost. While reviewing their proposal, I found several obvious errors in pricing. Their return policy was clarified by phone. Mr. Ullah indicated that motherboards and parts are replaced locally but items such as JetDirects, hubs, and monitors would have to be returned to the factory. This policy is not as requested in the RFP. Computer Expo This company was the second lowest of the five proposals. They provided no financial statement. They indicate a large technical staff and have been in business twelve years. When they were awarded the bid as a backup of a company that went out of business several years ago, Computer Expo was found difficult to work with. Items shipped to the City were not identified as requested to facilitate distribution. At least three times, machines were not configured as requested. They did not replace bad parts until their staff had tested them. This caused long delays in returning machines to service. In general the City has not had a favorable experience with this company. Two of the four current references I contacted this year indicated that they would not use them again. Several of their references last year did not recommend them. I could not recommend this company at this time. Komputer + peripherals This firm has four full-time staff members and has been in business over eight years. A financial statement was submitted with their proposal as requested and appears to be fiscally sound. Page: 1 • • Amtom System, Inc. This firm seems to be a one -person operation. They submitted a copy of their bank statement instead of a financial statement. This firm was the highest cost of the five proposals. It was in the middle of the cost for the major upgrade items. It would be in the best interest of the City not to recommend this company. Komputer + Peripherals and Leadman Electronics Inc. are the only two companies remaining out of the five proposals submitted that are viable. Leadman has been in business in the Houston area for six years and Komputer+ has been in business for over eight years. Both companies have four permanent staff members. Komputer+ has been the City's provider of computers and computer parts for the last year. They have been responsive and knowledgeable in their support. We have had very little failures in any parts or PCs provided by them. All failed parts were replaced without question. Komputer+ has the lowest "Grand Total" of the two. I am recommending that they be awarded the contract again this year. cc Jeff Litchfield Susan Kelly Page: 2