HomeMy WebLinkAbout07-03-03 Fill Dirt Review Committee minutes
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MINUTES OF THE FILL DIRT
REVIEW COMMITTEE
JULY 3, 2003
1. CALL TO ORDER
The meeting was called to order by Chairperson Mike Mosteit at 6:05 p.m.
Members of the Committee Present: Chairperson Mike Mosteit, Council members Barry
Beasley and Bruce Meismer
Members Absent: None
Members of City Executive Staff and City EmDlovees Present: City Manager Debra
Feazelle, City Secretary Martha Gillett, Assistant City Secretary Sharon Harris and
Engineering Tech Supervisor Brian Sterling
Others Present: Sidney Grant, Mrs. Sidney Grant, James Washburn and D.W. Simpson
2. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS THE FILL DIRT REVIEW
COMMITTEE
The following citizens addressed the Fill Dirt Review Committee:
D.W. Simpson - 601 Forest, La Porte, Texas - Mr. Simpson informed City Council he
wants fill dirt for his property. Neighbors have brought in fill dirt; and it has leaving his
property at a lower level.
Sidney Grant - 1907 Lomax Dr., La Porte, Texas - Mr. Grant informed City Council he
has been placing fill dirt on his property, with a cost of$10.00 per load, $5.00 per dirt
load and $5.00 per load to level. Mr. Grant advised City Council it is not possible for his
lots 4 and 5 to flood his neighbor's' lot; other people in Lomax also need fill dirt to
prevent their property from flooding. Mr. Grant left photos for City Council to review.
James Washburn - 12013, North 1. Street, La Porte, Texas - Mr. Washburn informed
City Council he was opposed to fill dirt. He stated his property is flooding due to his
neighbor placing fill dirt on their property.
3. DISCUSS AND REVIEW THE ACCEPTANCE FOR FILING AND THE
ISSUANCE OF PERMITS UNDER ORDINANCE NO. 1444-A AND
RESOLUTION 2003-19 THE MORATORIUM REGARDING THE
ACCEPTANCE FOR FILING AND THE ISSUANCE OF PERMITS UNDER
ORDINANCE 1444-A AND PROVIDE STAFF WITH DIRECTION TO
RESEARCH THE BACKGROUND ON THE CITY OF LA PORTE DRAINAGE,
mSTORY OF ORDINANCES, AND TESTIMONIES FROM THE CITIZENS
Councilmember Barry Beasley suggested staff look at practices regarding fill dirt with
the cities of Friendswood and Pearland.
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Councilmember Chuck Engelken suggested holding a Town Hall meeting to allow
citizens to provide input to the committee.
The committee agreed to conduct a field tour at the next meeting.
Brian Sterling provided City Council with a brief overview of the fill dirt process.
Councilmember Bruce Meismer stated he felt the committee needed to carefully review
the process and make sure both parties' sides was reviewed and reasonable choices would
be recommended considering both sides.
Councilmember Mike Mosteit asked whether or not the City was doing its job in
monitoring fill dirt permits and did the ordinance include the language to cover all
parties. He was concerned of how the filling of dirt is impacting the citizens and the city?
It was noted the committee needed to determine if the hauling of dirt was doing damage
to city streets. If so, who is responsible?
It was noted that there needs to be clarification on whether or not citizens can bring more
than 5 loads to fill property.
Councilmember Mike Mosteit informed the committee that James Warren saw tractor
trailer loads of dirt being hauled. City Manager Debra Feazelle noted that was Exxon and
they had a permit in process before the moratorium.
Councilmember Bruce Meismer noted that all citizens should be treated equal and the
processes in place should ensure the equal treatment.
Councilmember Barry Beasley noted concerns with commercial development and stated
those needs need to be looked at immediately and the moratorium may need to be
amended.
The committee requested staff to bring the history offill dirt ordinances and minutes to
~e next meeting.
It was noted that they need to randomly check sites where permits have been issued.
Councilmember Bruce Meismer noted any changes to the ordinance should consider lot
size proportion.
The committee agreed to meet again on July lOth at City Hall for a Town Meeting and
Committee Meeting. The committee will conduct a tour in Districts I, 4 and 6 at that
meeting.
Citizens may speak in person at the meeting or e-mail their concerns to the City
Secretary's Office.
4. NEW BUSINESS
There was no new business discussed.
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S. COMMITTEE COMMENTS
The Committee had no further comments.
6. ADJOURNMENT
There being no further business to come before the Committee, this meeting was duly
adjourned at 7:23 p.m.
Respectfully submitted,
~~ftJtI.D&
City Secretary
Passed and approved on this 10th day 0 July 2003.
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Chairman Mike Mosteit
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OVERVIEW
of
CITY FILL DIRT REGULATION
Prior to 1998, placement of fill dirt by private property owners was unrestricted and unregulated
by the City. Ordinance 1444-A was approved in response to an increasing number of concerns
from neighbors regarding fill dirt placement on adjacent properties. The ordinance provides a
permitting mechanism which allows the City to oversee the placement of fill dirt and require
drainage be provided to avoid adverse impact to neighboring properties.
Upon passage and approval of Ordinance 1444-A, the City's Engineering Division implemented
a policy and procedure for the placement of fill dirt on private property. A standard fill dirt
permit allows for a maximum of forty (40) truckloads of fill. Applicants seeking greater than
forty (40) truckloads receive an on-site visit from staff in addition to meeting standard permit
requirements. Significantly greater volumes of fill dirt require the applicant to submit a plan
illustrating topography of the subject tract along with a permit application for staff review.
Since passage of Ordinance 1444-A, staff has processed a total of266 permits. Of these, two-
thirds (176) have been processed since January of 2002. This is largely due to recent
construction associated with H.C.F.C.D Unit No. B512-00-00; a regional detention facility
located west of Underwood Road in the City of Deer Park. The construction contractor has
recently solicited free and/or minimally priced fill dirt door-to-door to residents in the Lomax
area. As a result, permit activity has increased substantially.
The graph below illustrates fill dirt permit activity since the passage of the ordinance.
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1998 1999 2000 2001 2002 lI2003
YEAR
liAs of 6/23/03 Moroi:oril.lM
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Route Map of Tour
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INDUSTRIAL DISTRICT
BATTLEGROUND
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If' SAMPLE OF SITE WITH NO COMPlAINTS:
\:!::I 1444 SENS ROAD (WYMAN)
~ $Nt'LE OF SITE WITH NO COMPlAINTS:
\bJI0432. NORTH -W' STREET (MORA)
PROBLEM AREA:
1416 LOMAX SCHOOL ROAD
(HOWARD)
'ROBLEM AREA:
11100 NORTH -L. STREET (DlCKENS)
PROBLEM ARfA:
1907 LOMAX DRJVE(GIWIT)
MUNICIPAl AIRPORT
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City Council Minutes of March 23, 1998
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ORIGINAL
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING
OF LA PORTE CITY COUNCIL
MARCH 23, 1998
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,.Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton
Porter, Deotis Gay, Jack Maxwell and Jerry Clarke.
Members of Council Absent: None
Members of City Executive Staff and .City Employees Present: City Manager
Robert T. Herrera, Assistant City Manager John Jooms, Assistant City Manager
Jeff Litchfield, City Attorney Knox Askins, Police Chief Bobby Powell, City
Secretary Martha Gillett, Planning Director Guy Rankin, City Engineer Doug
Kneupper, Director of Administrative Services Louis Rigby, Parks and
Recreation Director Stephen Barr, Human Resources Manager Kim Meismer,
Assistant Finance Director, Cash Manager Rick Overgaard, Assistant Public
Works Director Buddy Jacobs, City Manager's Secretary Carol Buttler, Tax
Assessor/Collector Kathy Powell, Public Works Secretary Genitha Smith,
Public Works Secretary Leta Money and Public Works Director Steve Gillett.
Others Present: Peter Griffiths, Cecil Money, John Williamson, Spero
Pomonis, Lou Lawler, Father Tom Rafferty, Carlos Smith, Barry Abrams,
Heather Meismer and a number of La Porte Citizens.
2. INVOCATION - FATHER TOM RAFFERTY - ST. MARY'S CATHOLIC
CHURCH
Father Tom Rafferty delivered the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING ON
FEBRUARY 23, 1998.
Motion was made by Council person Sutherland to approve the minutes of
February 23. 1998 as presented. Second by Councilperson Engelken. The
motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke, and Mayor Norman L. Malone.
Nays: None
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City Council Meeting Minutes - March 23, 1998
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4. PROCLAMATIONS:
A. MARCH FOR JESUS DAY
This Proclamation was rescheduled to be presented at a later date.
s. PRESENTATIONS:
A. CERTIFICATE OF ACHIEVEMENT OF EXCELLENCE AWARD
This presentation will be presented at the next City Council Meeting.
B. RECOGNITION OF EMPWYEE OF THE QUARTER
Public Works Secretary Leta Money was presented with a plaque and
recognized as the Employee of the Quarter. Plaque was presented by Public
Works Secretary Genitha Smith. It was noted this is Ms. Money's second time
to receive this award.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL
Spero Pomonis, 21.8 Bay Colony Drive, addressed City Council regarding
Dolphin Pilings at the Sylvan Beach Pier. Mr. Pomonis advised City Council
that he strongly opposed this issue. He sugg~sted Council consider some type of
temporary measure.
John Williamson, 10827 N. Ave. H, advised City Council that the City of La
Porte is being recognized and presented with a dedication at this year's events.
He thanked the City for everything they have done and invited everyone to
attend the Rodeo Association events.
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Sydney Grant, 1907 Lomax Drive, requested to speak for more than five
minutes and City Council approved his request. Mr. Grant addressed City
Council regarding drainage problems in the Lomax area. He presented a signed
petition to City Council on behalf of several citizens requesting assistance.
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Billy Stover, 1921 Laura Lane, addressed City Council regarding drainage
problems in the Lomax area and presented a diagram outlining areas of concern.
Mr. Stover requested City Council to look at this matter.
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City Council Meeting Minutes - March 23, 1998
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7. PUBLIC BEARING - CONSIDER RECOMMENDATION FROM
PLANNING AND ZONING COMMISSION OF THE CITY OF LA
PORTE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES,
REGARDING TELECOMMUNICATION TOWERS, ANTENNAS,
SUPPORT STRUCTURES AND TELECOMMUNICATION FACILITIES
WITHIN THE CITY OF LA PORTE
OPEN PUBLIC HEARING
Mayor Malone opened the public hearing at 6:38 P.M.
REVIEW BY STAFF
Guy Rankin presented summary and recommendation. Mr. Rankin noted that
several companies have requested to build cellular communications towers
within the City of La Porte. The current ordinance does not address this matter.
Mr. Rankin advised City Council the Planning and Zoning Commission
conducted a workshop to discuss this matter on February 11, 1998.
Subsequently, on February 19, 1998, a public hearing was held to receive
citizen input regarding a proposed amendment to Chapter 106 of the Code of
Ordinances regarding telecommunication towers, antennas, support structures
and telecommunication facilities within the City of La Porte.
PUBLIC INPUT
There were no citizens wishing to address this matter.
RECOMMENDA TION OF PLANNING
The Planning and Zoning Commission recommends City Council conduct a
public hearing and consider approval of an amendment to Chapter 106 of the
Code of Ordinances regarding telecommunication towers, antennas, support
structures and telecommunication facilities within the City of La Porte.
CLOSE PUBLIC BEARING
Mayor Malone closed the public hearing at 6:34 P.M.
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City Council Meeting Minutes - March 23, 1998
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8. CONSIDER APPRO V AL OR OrnER ACTION REGARDING AN
ORDINANCE AMENDING CHAPI'ER 106, OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ADDING NEW
. ARTICLE VID, TELECOMMUNICATION TOWERS AND FACILITIES,
SECTIONS 106-890 THROUGH 106-907 REGULATING THE
PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS,
ANTENNA, SUPPORT STRUCTUES, AND TELECOMMUNICATIONS
FACILITIES; AMENDING ARTICLE ID, DISTRICTS, DIVISION 4
INDUSTRIAL DISTRICT REGULATIONS, SEC. 106-521, TABLE A,
INDUSTRIAL USES, TO ALWW TELECOMMUNICATIONS TOWERS,
ANTENNA, SUPPORT STRUCTURES, AND TELECOMMUNICATIONS
FACILITIES AS A PERMISSffiLE USE IN H-I ZONING DISTRICTS, AS
A CONDITIONAL USE IN B-1 AND L-I ZONING DISTRICTS AND
PROHffiITING THEM IN ALL OrnER ZONING DISTRICTS (Ord.
1501-AA) - G. Rankin
City Attorney Knox Askins read: ORDINANCE 1501-AA - AN ORDINANCE
AMENDING CHAPTER 106, 'OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, BY ADDING NEW ARTICLE Vill,
TELECOMMUNICATION TOWERS AND FACILITIES, SECTIONS 106-890
THROUGH 106-907 REGULATING THE PLACEMENT, CONSTRUCTION,
AND MODIFICATION OF TOWERS, ANTENNA, SUPPORT
STRUCTURES, AND TELECOMMUNICATIONS FACILITIES;
AMENDING ARTICLE III, DISTRICTS, DIVISION 4 INDUSTRIAL
DISTRICT REGULATIONS, SEC. 106-521, TABLE A, INDUSTRIAL USES,
TO ALLOW TELECOMMUNICATIO~S TOWERS, ANTENNA, SUPPORT
STRUCTURES, AND TELECOMMUNICATIONS FACILITIES AS A
PERMISSffiLE USE IN H-I ZONING DISTRICTS, AS A CONDITIONAL
USE IN B-1 AND L-I ZONING DISTRICTS AND PROHIBITNG THEM IN
ALL OTHER ZONING DISTRICTS; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN ANY SUM NOT MORE THAN TWO THOUSAND DOLLARS
($2,000.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A
SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson McLaughlin to approve this Ordinance as
read by the City Attorney. Second by Councilperson Sutherland. The motion
carried, 9 ayes, 0 nays.
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City Council Meeting Minutes - March 23, 1998
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Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Mayor Malone.
Nays: None
9. RECEIVE REPORT FROM PARKS AND RECREATION DIRECTOR
REGARDING REQUEST FROM GALVESTON BAY FOUNDATION TO
INSTALL DOLPHIN PILINGS AT THE SYLVAN BEACH FISHING
PIER - S. Barr
. Parks and Recreation Director Stephen Barr advised City Council that the
Galveston Bay Foundation has proposed placing two Dolphin Pilings adjacent to
the Sylvan Beach Fishing Pier in order to allow a barge to dock alongside the
t-head for their Bay Day program. The installation would be handled through
the Texas Waterway Operator's Association. They are requesting permission to
drive 40' marine treated piles, three in each piling, approximately 10-12 feet
from each outer end of the t-head. The three piles would be lashed together
with stainless steel cable for strength and endurance. Mr. Barr further advised
he had contacted the TWOA regarding an alternate siting plan for the pilings
and they are reviewing the proposed change for its utility.
Mayor requested Council to give direction whether or not to proceed with this
project. A majority of the Council was not in favor of the City moving forward
with this project.
10. CONSIDER APPROVAL OR OTIlER ACTION REGARDING A
RESOLUTION AUTIlORIZING THE CITY MANAGER TO EXECUTE
AND RETURN TIlE PARTICIPATION AGREEMENT ON BEHALF OF
THE CITY OF LA PORTE AND TO CONTRIBUTE AN AMOUNT NOT
TO EXCEED TEN CENTS ($0.10) PER CAPITA, TO ASSIST IN
ADDRESSING THE ISSUES AND CONCERNS RAISED BY EPA'S
PHASE n STORM WATER PROGRAM (Res. 98-02) - S. Gillett
Public Works Director Steve Gillett presented summary and recommendation
for Resolution 98-02. Mr. Gillett informed Council that for several years, cities
with a population greater than 100,000 have been required to permit and
regulate storm water (phase I Storm Water Program). The EPA is close to
finalizing requirements for cities under 100,000 to implement storm water
permitting and regulation (phase n Storm Water Program). On February 6,
1998, 55 cities in Texas met to form a coalition to address the Program and its
impact on Texas cities. A steering comrirlttee was formed, and the law firm of
Matthews & Freeland, L.L.P. was retained to perform legal and regulatory
services on behalf of the group at the direction of the steering committee. All
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City Council Meeting Minutes - March 23, 1998
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t 11.
Texas cities have been invited to join, at a cost not to exceed ten ($0.10) per
capita. The cost for the City of La Porte to participate is approximately.
$3,200.00.
Mr. Gillett requested City Council to. consider approving Resolution 98-02
authorizing the City Manager to execute and return the Participation Agreement
on behalf of the City of La Porte and to contribute an amount not to exceed ten
cents ($0.10) per capita, to assist in addressing the issues and concerns raised by
EPA's Phase II Storm Water Program.
In addition, Mr. Gillett addressed Council questions.
City Attorney Read: RESOLUTION 98-02 - A RESOLUTION BY THE CITY
COUNCIL OF LA PORTE, TEXAS TO JOIN A COALITION OF TEXAS
CITIES TO ADDRESS ISSUES RELATING TO EPA'S PHASE IT STORM
WATER PROGRAM.
Motion was made by Councilperson Sutherland to ap'prove this Ordinance as
read by the Assistant City Attorney. Second by Councilperson Engelken. The
motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Malone.
Nays: None
CONSIDER APPROVAL OR OTIlER ACTION REGARDING AN
ORDINANCE AMENDING THE DEVELOPMENT ORDINANCE
REGULA TING THE PLA TI'lNG OR REPLA TTING OF LAND IN THE
CITY OF LA PORTE PERTAINING TO CONVERTING LAND FROM
ITS NATURAL STATE, OR ALTERING THE ELEVATION OF
PROPERTY, OR CONVERTING ITS EXISTING USAGE TO
RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USES (Ord. 1444-A)
G. Rankin
Planning Director Guy Rankin presented summary and recommendation to City
Council. Mr. Rankin informed City Council there have been some resent
citizen complaints regarding the ability to add fill dirt to an individual property.
The Planning Department wishes to amend Development Ordinance #1444, to
provide protection for property owners adjacent to persons that seek to alter or
change the elevation of their property.
In addition, Mr. Rankin addressed Council questions.
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City Council Meeting Minutes - March 23, 1998
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City Attorney read: ORDINANCE 1444-A - AN ORDINANCE AMENDING
SECTION 2.19 DEVELOPMENT, SECTION 4.08 DEVELOPMENT SITE
PLANS; GENERAL AND SECTION 11.02, DRAINAGE AND STORM
SEWER, OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING
THE PLA TIING OR REPLATIING OF LAND INTO SUBDIVISIONS IN
THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THE ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLA nON; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve this Ordinance as read
by the City Attorney. Second by Councilperson Gay. The motion carried, 9
ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Mayor Malone.
Nays: None
12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE APPROVING AND AUmORIZING A BANKING
SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND
BA YSHORE NATIONAL BANK OF LA PORTE, FOR A THREE YEAR
TERM, COMMENCING APRIL 1, 1998, AND TERMINATING MARCH
31, 2001, PROVIDING FOR A TWO YEAR RENEWAL OPTION AND
ON A MONm TO MONTH BASIS THEREAFfER - (Ord. 98-2226) J.
Litchfield
Assistant City Manager Jeff Litchfield presented summary and recommendation
to City Council. Mr. Litchfield requested City Council approve this Ordinance
authorizing a Banking Services agreement with Bayshore National Bank for a
three year term beginning April 1, 1998, with a two year renewal option, and on
a month to month basis thereafter"
In addition, Mr. Litchfield addressed Council questions.
City Attorney read: ORDINANCE 98-2226 - AN ORDINANCE APPROVING
AND AUTHORIZING A BANKING SERVICES AGREEMENT BETWEEN
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City Council Meeting Minutes - March 23, 1998
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THE CITY OF LA PORTE AND BA YSHORE NATIONAL BANK OF LA
PORTE, FOR A THREE YEAR TERM, COMMENCING APRIL 1,1998,
AND TERMINATING MARCH 31,2001, PROVIDING FOR A TWO YEAR
RENEWAL OPTION AND ON A MONTH TO MONTH BASIS
THEREAFTER, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Mayor Malone, Councilperson Sutherland and Councilperson Engelken left due
to a potential conflict of interest. Council person Porter presided over the
meeting for this item.
Motion was made by Councilperson McLaughlin to approve Ordinance 98-2226
as read by the City Attorney. Second by Councilperson Ebow. The motion
carried, 6 ayes, and 3 abstain.
Ayes: Councilpersons Ebow, McLaughlin, Porter, Gay, Maxwell and Clark.
Nays: None
Abstain: Councilperson Sutherland, Engelken and Mayor Malone.
13. CONSIDER APPROVAL OR OTIlER ACTION REGARDING AN
ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR
COLLECTION OF DELINQUENT TAXES BETWEEN TIlE CITY OF LA
PORTE AND PERDUE, BRANDON, FIELDER, COLLINS AND MOTT,
LLP FOR A THREE YEAR TERM, COMMENCING APRll.. 1, 1998,
AND TERMINATING MARCH 31, 2001, PROVIDING FOR A TWO
YEAR RENEWAL OPTION AND ON A MONTH TO MONTH BASIS
THEREAFTER (Ord. 98-2227) - J. Litchfield
Assistant City Manager Jeff Litchfield presented summary and recommendation.
Mr. Litchfield advised Council the city received proposals from three firms on
this item. The current provider did not submit a proposal. The result was that
each of the firms are well qualified to do the task at hand, which made the
selection process very difficult. Perdue was specifically wanted by the School
District and the City had no reason to not utilize them.
Mr. Litchfield recommended City Council approve this Ordinance authorizing a
Contract for the Collection of Delinquent Taxes with Perdue, Brandon, Fielder,
Collins, & Mott L.L.P. for a three year term beginning April 1, 1998, with a
two year renewal option, and on a month to month basis thereafter.
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Mr. Litchfield addressed questions from Council.
City Attorney read: ORDINANCE 98-2227 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT FOR COLLECTION OF
DELINQUENT TAXES BETWEEN THE CITY OF LA PORTE AND
PERDUE, BRANDON, FIELDER, COLLINS & MOTI, LLP FOR A THREE
YEAR TERM, COMMENCING APRIL 1, 1998, AND TERMINATING
MARCH 31,2001, PROVIDING FOR A TWO YEAR RENEWAL OPTION
AND ON A MONTH TO MONTH BASIS THEREAFTER, MAKING
V ARIOUS FINDINGS AND PROVISION RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
A motion was made by Councilperson Engelken to approve the Ordinance as
as presented. Second by Councilperson Maxwell. The motion carried, 8
ayes and 1 nay.
Ayes: Councilpersons Sutherland, Engelken, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nay: Councilperson Ebow.
14. CONSIDER APPROVAL TO APPROPRIATE AN ADDITIONAL $i3,1l6
FROM THE UTILITY CIP FUND CONTINGENCY TO COMPLETE THE
REPAIRS TO WATER WELL #3 - S. Gillett
Public Works Director Steve Gillett presented summary and recommendation.
Mr. Gillett advised Council the funds are available in the 1997-98 Utility CIP
Fund Contingency. In addition, he addressed Council questions.
A motion was made by Councilperson Clarke to aRprove the request to
appropriate additional funds to complete the repairs to Water Well #3. Second
by Councilperson Ebow. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nay: None
15. CONSIDER APPROVAL OR OTHER ACTION AUTHORIZING THE
CITY MANAGER TO EXECUTE THE PROPOSAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND H. CARWS SMITH
ENGINEERS AND SURVEYORS, INC. FOR A FIXED DESIGN FEE OF
$30,000 FOR THE CONSTRUCTION OF A NEW CENTRALIZED
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FLEET FUELING FACILITY AND A NOT-TO-EXCEED FEE OF $10,000
FOR THE REMOVAL OF UNDERGROUND STORAGE TANKS FROM
THE PUBLIC WORKS AND POLICE DEPARTMENT FACILITIES - S.
Gillett
Public Works Director Steve Gillett presented summary and recommendation.
Mr. Gillett advised Council the City is planning the construction of a new
centralized fleet fueling facility with aboveground tanks to replace the two
fueling facilities with underground tanks. The City is required to bring these
sites into compliance or remove them by December 22, 1998.
Mr. Gillett recommended Council authorize the City Manager to execute the
proposal agreement between the City of La Porte and H. Carlos Smith
Engineers and Surveyors, Inc. for a fixed design fee of $30,000 for the
construction of new centralized Fleet Fueling Facility and not-to-exceed fee of
$10,000 for the removal of underground storage tanks from, the Public Works
and Police Department facilities.
A motion was made by Council person Maxwell to approve the agreement as
requested by the Public Works Director. Second by Councilperson Porter. The
motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nay: None
16. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded City Council that Early Voting will
take place from April 15 - April 28, 1998. '
In addition, Mr. Herrera advised Council the Rodeo Association will be
recognizing the City of La Porte this year and that the City enjoys working with
this group.
17. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay and
Clarke brought items to Council's attention.
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18. 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, DELffiERA TION REGARDING REAL PROPERTY,
DELffiERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MA TIERS, CONFERENCE WITH EMPLOYEES
DELffiERA TION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION)
A. SECTION 551.072 - (REAL PROPERTY) MEET WITH CITY
MANAGER AND CITY ATTORNEY REGARDING LAND
ACQillSITION
B. SECTION 551-071 (CONFERENCE WITH ATTORNEY) MEET
WITH SPECIAL LEGAL COUNSEL REGARDING PENDING
LITIGA TION
Council retired into executive session at 7:51 p.m. under Section 551.072
(REAL PROPERTY), Meet with City Manager and City Attorney regarding
land acquisition and under Section 551.071 (CONFERENCE WITH
ATTORNEY) Meet with Special Legal Counsel regarding pending litigation.
Council returned to the table at 8:58 p.m., with no action taken.
19. CONSIDERATION AND POSSmLE ACTION QN ITEMS CONSIDERED
IN EXECUTIVE SESSION
There was no consideration for items A and B.
20. ADJOURNMENT
There being no further business to cOme before Council, the Regular Meeting
was duly adjourned at 9:00 p.m.
e
City Council Meeting Minutes - March 23, 1998
Page 12
e
Respectfully submitted,
'..>.71t1/ttM. )/dldI
Martha A. Gillett
City Secretary
Pass. and approved on this 13th day of April, 1998.
~~A
man L. Malone, Mayor
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e
Bayshore Sun Article Dated June 25, 2003
QfDlrt
Flow
C.t
To
Moves
sketch showing such things as a
proper drainage plan. She noted that
the city has already determined that
one permit holder is in violation of
the guidelines of the permit, and the
permit has been pulled.
She added that the moratorium
does not keep landowners who want
to perform such tasks as landscap-
ing on their property from doing so.
A permit' is required only if the
landowner wants to bring in more
than five truck loads of dirt.
Also, Feazelle noted, anyone
wanting to build a house or a com-
mercial 'Dliilding will still be
allowed to have dirt hauled into
build up the footprint of the
building. . ,
. "Council has asked staff to look at
the permits and see if more stringent
guidelines are needed," Feazelle
said, "and also., to more closely
mqriitor those permits that have
been issued." ,-." ". '. .
. As' part of the process of reviewing
the permitS. arid taking a closer look
<ifth'eissue, Mayor Norman Malone
Monday night named a three-
me'mber council committee to. take a
look at all aspects of the situation.
Councilman Mike Mosteit was
named chairn1an of the committee,
and Councilman Chuck Engelken
and Councilman Barry Beasley
were included as well. Feazelle
noted that most flooding issues in
the city take place in Mosteit's and
Engelken's two districts, and that
Beasley is an at-large member of
\ .
council.
. If a landowner has a permit, he or
she can continue to haul in dirt, as
long as they are in compliance, and
for as long as the permit remains in
effect. No new permits will be
issued during the lBO-day period.
Of major concern to council and
staff is that a property that has not
previously flooded may find itself
caught between properties that have
been significantly raised, thus creat-
ing a new and significant flooding
situation.
a permit,
submit a
As the two photos taken Mo~day
afternoon' by La Porte
Councilman Barry Beasley show,
dirt is being hauled into the
Lomax area of the city by the
truckload, and concern grows
that a serious flooding situation
will be created on adjacent prop-
erty that has no added dirt.
That's why a moratorium on per-
mits allowing dirt to be hauled in
was' approved Monday night by
council. The photo above left
shows an area where dirt is being
delivered and spread on property.
And below I~ft, Councilman Mike
Mosteit shows the .level of that
dirt, compared to the' adjacent
property. In this case, efforts were
already.underway Thesday to
reduce the difference in the ele-
vation.
Delays Vote On Port Plan
Council
If the permit is eventually granted,
plans call for construction to begin
on the facility in November of 2004,
with a scheduled completion date of
December, 2005.
cil to review the contract to be
signed by the property owners; pro-
vide council with regular and
detailed updates about the number
of property owners participating.
La Porte's Leslie In Need Of
For the second straight time, La
Porte City Council voted to table a
decision on a request for a special
conditional use permit for some 20
acres of land just south of Barbour's
Cut Boulevard, where the Port of
Houston Authority wants to
construct a 14-lane pre-check truck
facility. .
~-
lBayport...Final Environmental .. . ,
fmpact Statement public meeting, City
hosted by. Galveston Pay
Conservation and Preservation .
Association, set for 7-9 p.m.
Wednesday, June '25, at the Ed
White Youth Center at Seabrook
Methodist Church. Speakers will
include attorney Jim Blackburn and
technical experts.
permit, or face having it pulled.
City Manager Debra Feazelle told
The Bayshore Sun Tuesday after-
noon that a permit "does not allow
you . to abuse .your neighbor, but
rather to protect yourself."
Feazelle said that to get
a property owner had to
10 Page~~~'50' Cents
ALl!!OfDi~t
Being Moved
SUB
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The action Monday by council
places it six-month halt on the grant-
ing of those perinits. Permits that
have already been granted are good
for just 3Q days, and while residents
witI:t a'valid permit can continue to
h<ive dirt hauled in, they must
adhere to.' the parameters of the
dirt, there has been a great deal of
activity in the Lomax area of the'
city in' the' past few months.- in
regards . to residents getting city
permits and having large quantities
of dirt dumped 'on their property, in
order to raise the level of the land'to
help ensure against flooding. .',
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La Porte City Council voted
unanimously Monday mght to place
a 180-day' moratorium on permits
that allow citizens to haul fill dirt
onto their property.
Thanks to.anearby Harris County
Flood Control District project that
has led to' the availability of cheap
-.
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La Porte Library...will
sponsor a special. appearance by
Smilie's Petting Zoon 10 a.m. to
noon Saturday, June 28 on the front
lawn of the library. There will be a
wige var.iety of animals for young-
sters.to see and peL
Villa Riders.: :Hillory rF~rias
Memorial: . Scholarship '. . Golf
Tournament 'Set : f~r_:8~ ~.m; ~J:lo~gUn
start Monday,! lily '14af Baywood
Country ciub.' Four-player scram-
ble. format., Entry fe,e is $2~Oper
team. Contact. Jessie Lozano. at
281-470-3125; Ruben Farias at
281-814-6831;01' Ruben Salinas at
281-470-1257. .
sup~
July
are-
San. latintO...Chapter of the
Coastal Conservation Association
will hoJd its sixth annual fundraiser
and banquet 6:30 to 10 p.m. June
26 at the Sylvan Beact). Pavilion.
Catfish dinner for $25 per plate for
adults, $30 at the door. Couples pay
$45 and kids 12 and under $10.
Call Steve Wilson. at 281-487-
2522.
Jl1ystery ... Dinner Theatre
sponsored by La Porte Parks and
Recreation Department set 7 p.m.
July 10. CosLis $25 per person.
Dinner will be served. tickets sold
J~lOe 16-July 3 at Parks and
Recreation office. No tickets sold
at the door.
!PreSchOOl...registration for fall
now accepted at Christ Redeemer
Lutheran Church, 8909 Spencer
Highway. Available for three- and
four-year-olds, .with optional
exte'nded carefrom 6 a.m. to 6 p:m.
Other schedules offered. After-
school care for K-second grade.
Phone 281-479-2201
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SaJnarita
port group 1111
15 attheLa'P,
givers wek.o
Frash'er R.~.
more .informat
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281-470-3125: Ruben Farias at
281-8] 4-6831; or Ruben Salinas at
281-470-l257.
San JaCilltO...Chapter of the
Coastal Conservation Association
will hold its sixtb annual fundraiser
and banquet 6:30 to 10 p.m. June
26 at the Sylvan Beach Pavilion.
Catfish dinner for $25 per plate for
adults, $30 at the door. Couples pay
$45 and kids 12 and under $10.
Call Steve Wilson at 281-487-
2522.
Mystery... Dinner Theatre
sponsored by La Porte Parks and
Recreation Department set 7 p.m.
July 10. Cost is $25 per person.
Dinner will be served. tickets sold
June 16-July 3 at Parks and
Recreation office. No tickets sold
at the door.
PreschOOl...registration for fall
'now accepted at Christ Redeemer
Lutheran Church, 8909 Spencer
High\vay. Available for thfee- ll.nd
four-year-olds, with optional
extended carefl'OI1l 6 a.m. to 6 p.Ill.
. : Other schedules offered. After-
school care for K-secondgrade. _
Phone 281-479-220 I.
La Porte...City Hall will be
closed Friday, July 4 in observe 0
the holiday.
AroNllndl1owlJl
Congratulations to C.J. Martin,
named Bayshore Elementary
"Boy of the Year"...Happy 17th
birthday to Tami Thornhill July'
1...Congratulations.to Scott Ryan
Sheridan for making the Dean's
List for the most recent semester
at Lamar University...
Congratulations to Matthew A.
Maldonado, son of Manuel and .
Linda Maldonado of La Porte,
who has joined the United States
Army.
---...-
.......... . ~. s.. ".,R <:><
CARPET CLEANING.
281 m33S-2~ 2"3
~.-
Allstate.
. Vou'rc In good ~
Fred Gintert
Exclusive Agent
417 N. 10th St.
La Porte, Tx. 77571
iei:281-470-9900
fax:28 1-470-9933
RANDY ROWAN
Residential Real Estate
. Consultant-Advisor-cOunselor
Repres~nting Buyers and Sellers
- www.har.com/RandyRowan
281-831-8353
SlIverStar Realty 281-412-5050 x113
}'
Council
For the sec()Dd straight 1
Porte City Council voted te
decision on a request for 2
conditional' use permit for:
acres of land just south of B
Cut Boulevard, where' the
Houston Authority wa
construct a 14-lane pre-che
facility. ,
The purpose of delaying
this time was to allow
Norman Malone and Cou
James Warren to meet w
Authority officials, ir
Commissioner Jimmy Bl
discuss a list of mattersn
the Homeowners Value A
Program that is part of the I
Malone and Warren
discuss with Port offici
'possibility of including all
owners, as opposed to hom
in the plan; changing the
date from 30 to 180 days; :
program start date as the
permit is approved, as. oPI
when the building permit i
develop a plan to notify
participants that.the five-y
tract is about to expire; aile
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La Porte Fill Dirt Application Packet
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Submittal Date:
Owner's Name: Phone:
Mailing Address: Alt, Phone:
Fax:
Project Address:
Legal Description:
Acreage:
Contractor:
Address:
Street City State Zip
Describe Work:
*PLEASE NOTE: The Planning Department reserves the right to inspect the placement of soil
and recommend changes as necessary to alleviate possible flooding of neighboring properties.
**THIS AREA FOR CITY STAFF USE ONLY **
o SKETCH REVIEWED
o SKETCH APPROVED
o PERMIT APPROVED
FLOOD ZONE:
BY I DATE:
BY I DATE:
BY I DATE:
BFE:
MAXIMUM NO. OF TRUCKLOADS:
SPECIAL CONDITIONS:
PERMIT NUMBER ISSUED:
DATE:
S:\CPShare\STANDARD FORMS\New Fill Dirt Permit Application.dwg
rev. date: 8/06/2002 rmo
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FILL DIRT PERMITS
Information on Fill Dirt Policies
and Procedures
1. Contact Planning Department (281-471-5020) and schedule appointment with City Engineer
or his designated assistant. Fill dirt permit application can be obtained at inspections desk.
2. Property owner should bring at least one sketch, surveyor site plan showing all of, but not
limited to, the items/features listed below:
. Approximate layout of property.
. Location of existing and proposed buildings, if applicable.
. Location of nearest channel(s) or drainage ditch(s), including Harris County Flood
Control District channels.
. Location of any existing and all proposed swales
. Location of proposed fill placement, and existing and fipal grades.
. Final grades should indicate slope of fill and direction of flow for storm water runoff.
. Engineer will review, approve, and sign sketch after verifying that the placement and
grading of the proposed fill will not affect, alter, or block the natural flow of storm water
to adjacent properties.
3. After the property owner has demonstrated sufficient compliance with the intent of these
policies and procedures, a permit may be issued through the Inspection Division. There is no
fee for this permit at this time.
Permits will be issued for a maximum of 40 truckloads. For additional dirt placement
additional permits may be sought but a site visit shall be required. For significant additional
dirt placement, infoqnation regarding the topography of the lot(s) shall be submitted with the
application. Permits shall not be issued for properties that do not have an address assigned to
them.
Fill may be obtained from private contractors or developers doing construction projects in or
around the city. Contact them directly for fill availability and delivery. The City is not
responsible for providing fill dirt.
NOTE: Most of this fill is NOT topsoil and there is no guarantee as to its condition. The fill
is usually emptied from the dump trucks at a desired location, but not graded. Grading is up
to the property owner.
Any deposited fill dirt that is liable to hold stagnant water is a violation of section 34-128 of
the city's code of ordinances. The property owner shall properly spread all fill within thirty
(30) days or otherwise face fines or monetary penalties for non-compliance.
Cityhalll'(S)I CPSharelFiU Dirt PermittingIFILL DIRT POLlCIES.DOC Revision October 2002
I .
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- - - - -NORTH ANY STREET- - - --
II
I
II
II
PROPERTY \'11
LINE
I
II
I
I
DRIVE\JAY
HOUSE
GARAGE
PROPOSED
PLACEMENT
OF FILL DIRT
-----------
H.C.F.C.D. DITCH
/)f:F$6r
1 FT. MIN.
SECTION "A-A"
N.T.S.
NOTES
MIN. D= 0.5 FT
MIN. S= 0.2%
LEGEND
- FLOW OF WATER
EXAMPLE SKETCH
FOR FILL DIRT PERMIT
N.T.S.
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Fill Dirt Process Flowchart
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FILL DIRT PROCESS FLOW CHART
Applicant submits Fill Dirt
Permit Application with
sketch or other illustration
showi ng placement of fi II
dirt to be placed on
property.
~r
Engineer reviews permit
application to ensure placement of
proper drainage infrastructure
(swales) and "crowning" of subject
tract in order to avoid run-off onto
adjacent properties.
"
Engineer approves permit, issues
through Inspection Division.
,r
Applicant receives permit;
Engineer files supporting
documentation and
completes entry into
Planning Department
database.
,r
Follow up visits to site are
based upon complaints.
Site is generally not
inspected for compliance
with policy unless there is
a citizen concern.
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Citizen Correspondence
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Feazelle, Debra
From:
Sent:
To:
Cc:
Subject:
Wilmore, Debbie
Monday, July 07, 2003 11 :22 AM
Feazelle, Debra
Joerns, John; Cummings, Robert
Exxon Pipeline
Debra,
Follow up to my July 3rd e-mail & your inquiry this morning.
This morning @ 9am Robert Cummings & I met Sammy Scott (Exxon) & Mr. John Kling (11025 Pinewood Ct.) at the
pipeline behind Mr. Kling's house. Mr. Scott was joined by his contractor and another Exxon representative (Alfred Lee).
As a group, we discussed/reviewed Exxon's plan. Mr. Kling is very pleased with their intentions and from an engineering
standpoint, Mr. Cummings was satisfied with their proposal.
Exxon's proposal followed last year's request by the City to address a standing water situation which arose from the
development of the adjoining subdivisions. Their proposal incorporates fill as well as a drainage ditch so Mr. Cummings &
I feel a Letter of Authorization rather than a typical fill dirt permit is more appropriate.
Mr. Kling and city staff expressed our appreciation to Mr. Scott and the Exxon company for developing a detailed plan that
included use of elevations to ensure no adjoining property is affected while still resolving the standing water issue that is
affecting the neighbors.
Debbie
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Page 1 of2
Feazelle, Debra
From: Wilmore, Debbie
Sent: Thursday, July 03, 20032:18 PM
To: Cummings, Robert
Cc: Feazelle, Debra; Joerns, John
Subject: RE: Exxon Grading & Drainage operations
Robert,
You are correct. On 9/27th the city received an e-mail complaint from John Kling of 11025 Pinewood Ct. Mr..
Kling asked that the swamp behind his house be filled in to a eliminate continual, standing water problem. The
cso forwarded complaint to Steve G. @ PW. He advised Sharon that it was pipeline property so it would be
handled by Code Enforcement. Sharon e-mailed Mr. Kling to advise him the complaint would be handled by
Inspection Services. Mr. Meismer & myself were copied.
Exxon had me coordinate with Sammie Scott (Friendswood Operations Group). He agreed to mow & clean-up
along fence lines & did so. Also, grades were shot for the entire pipeline so a thorough plan could
be developed. Weather conditions, existing projects & approval of funds delayed the start of the work. Although
resolving a drainage problem from Fmt Pkwy to Spencer Hwy is a large & expensive undertaking, Exxon
authorized the work.
Initially all progress was forwarded to the CSO for handling; however, Mr. Kneupper later had me start dealing
directly with Mr. Kling to avoid any confusion. I have stayed in touch with Sammie, Sharon & Mr. Kling during the
entire process.
On 06/23rd, Sammie advised my office that they had started work that day. Today Sammie called our office
regarding a visit from a neighbor who was concerned with flooding (Bishop Holly). Supposedly Mr. Holly
approached their contractor & an Exxon representative today & directed they cease work. Mr. Scott's call was to
advise me that they are continuing work on the problem and their plan will not cause flooding of adjacent
properties.
In addition to the drainage work, Mr. Scott also told me they are cleaning along fence lines as they go along.
Mr. Kling has asked that a meeting be set up with Exxon. Mr. Scott is agreeable to doing so on Monday as long
as a city representative is present. I have talked with Mrs. Kling & she will have her husband return my call this
afternoon to possibility schedule a Monday AM meeting. If you can keep Monday am open, I would appreciate it.
Will advise you as soon as the meeting time is firmed up.
Thanks,
Debbie
[Debbie Wilmore] -----Original Message-----
From: Cummings, Robert
Sent: Thursday, July 03,2003 1:10 PM
To: Wilmore, Debbie
Subject: Exxon Grading & Drainage operations
7/7/2003
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Page 2 of2
Just so I get the story straight I want to run through the facts with you (not that they usually matter):
Last October a Mr. Kling (can't remember his first name) on Pinewood (?) began complaining about the
overgrown vegetation and the lack of positive drainage in the Exxon pipeline corridor. Exxon very readily
undertook the bush-hoggingof the corridor but stated that the cost of creating a positive drainae situation in
the corridor would be so large that it would have to go through their budgetary process. Very
understandable. No plans or grading & drainage plan was ever submitted to the City for review...but this
was because Exxon was of the mentality to just "fix it." All was mostly quiet on this affair until a few days
ago when Exxon began grading operations which included filling certain portions of the corridor. By
coincidence this was after the fill dirt moratorium went into affect but this item is considered grandfathered
as we had asked Exxon to undertake this work last October. Am I missing anything?
-RAC
7/7/2003
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Gillett, Martha
To:
Subject:
JKW ASHBURN@aol.com
RE: Fill dirt review
Mr. Washburn,
I am in receipt of your e-mail and will forward this information to the committee. Thank
you.
-----Original Message-----
From: JKWASHBURN@aol.com [mailto:JKWASHBURN@aol.com]
Sent: Tuesday, July 08, 2003 5:23 AM
To: gillettm@ci.la-porte.tx.us
Subject: Fill dirt review
Martha Gillett
FILL DIRT
COUNCIL / COMMITTEE MEMBERS
My name is James Washburn I life at 12013 N. L, La Porte TX. I think the
ordinance should change to a formula of cubic yards to the number of square feet
covered and require a permit for all dirt.
[Unable to display image]
This is what my yard looks like after a good rain. My neighbor did not like
the water from my yard flowing across his property to the HARRIS COUNTY FLOOD
CONTROL DISTRICT ditch.
[Unable to display image]
My property elevation and drainage has not changed since before 1974. The
property at 12030 N. L first changed elevation after 1999. I talked to the
residents of this property in the spring of 2001 and asked them to do something
about water they were impounding or diverting. On 6-11-2001 I started making many
calls to CITY HALL (code enforcement) on 9-18-2001 a Mr. Martinez and Mr.
Rodney Cox came to my home to look at my problem. They had no easy suggestions and
said they would look into what could be done and get back with me.
3-11-2002 informed that a permit for the "SWELLS" had been issued.' They
would be out in about 10 days to inspect the property (12030 N. L) . If not
brought into code they would go to court. I
[Unable to display image]
4-6-2002 Work starts.. .on the swells?
right is 12030 N. L)
If this is the inspection / code
the city is having problems now.
property is a violation of state
(The left is 12013 and the
enforcement department's work I can see why
I was informed that what is happening to my
law that the city is not enforcing.
SUBTITLE WATER RIGHTS
CHAPTER 11. WATER RIGHTS
SUBCHAPTER A. GENERAL PROVISIONS
Sll.086. Overflow Caused by Diversion of Water
(a) No person may divert or impound the natural flow of surface waters in
this state, or permit a diversion or impounding by him to continue, in a manner
that damages the property of another by the overflow of the water diverted or
impounded.
1
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(b) A person whose property is injured by an overflow of water caused by an
unlawful diversion or impounding has remedies at law and in equity and may
recover damages occasioned by the overflow.
(c) The prohibition of Subsection (a) of this section does not in any way
affect the construction and maintenance of levees and other improvements to
control floods, overflows, and freshets in rivers, creeks, and streams or the
construction of canals for conveying water for irrigation or other purposes
authorized by this code. However, this subsection does not authorize any person to
construct a canal, lateral canal, or ditch that obstructs a river, creek, bayou,
gully, slough, ditch, or other well-defined natural drainage.
(d) Where gullies or sloughs have cut away or intersected the banks of a
river or creek to allow floodwaters from the river or creek to overflow the land
nearby, the owner of the flooded land may fill the mouth of the gullies or
sloughs up to the height of the adjoining banks of the river or creek without
liability to other property owners.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, ~1, eff. Sept. 1, 1977.
2
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June 25, 2003
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fairmont Parkway, La Porte, TX 77571
w'Nw.ci.la-corte.tx.us
Phone: (281) 471-5020'- Fax. (281) 471-7168
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Joyce Dickens
11100 North L Street
La Porte, TX 77571
Re: Fill Dirt Permits Nos. 03-660, 03-777, 03-857
Dear Mrs. Dickens:
Per your conversation with City staff yesterday morning, this is to confirm that you have
ceased the delivery of fill to your land. The City of La Porte will consider this a cancellation
of the rest of the permitted amount offill material. No additional fill material may be brought
in under this permit.
In regards to the issue of the fill next to Charles Tiner's fence/property line, we find you to be
in violation of the permit issued to you. The following corrective measures need to be taken
to bring you into compliance with your permit (attached):
1. Remove all fill within 1 foot of the property line.
2. Upon the completion of item number one, there shall be no new fill placed beyond the
high point of the berm as it exists today.
3. The finished product of the swales must be a minimum of six inches deep at their
shallowest point and be run at a 0.2% grade north toward North L Street.
We expect this corrective action to be completed within 10 days of the date of this letter.
Your continued cooperation is appreciated in this matter. If you have any questions feel free
to call Robert Cummings in the Planning Department.
RECEIVED
cc: Richard Reff, Chief of Police
Debbie Wilmore, Chief Building Offial
JUN 2 6 20~3
CITY MANAGER'S
OFFICE
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. ft~ 4
City of La Porte
Established 1892
July 1, 2003
RECEIVED
JUl 0 2 2003
Mr. Charles Tiner
2209 Lomax Drive
La Porte, Texas 77571
CITY SEC~ETA.~Y'.3
OFFICI;
Dear Mr. Tiner:
Thank you for your time and information. I appreciate your cooperation on this fill
dirt issue. It is my understanding that the permit holder has decided to cancel
the balance of her permit.
As we discussed, Sara was unable to get a copy of the video from Channel 26.
They informed her that they only keep the information for one year. If your
contact person is able to get that through other channels, I would be pleased to
reimburse you for any costs that would be associated with that, and be prepared
to make duplicate copies for both our office and for you. Please let me know if
you're able to obtain the video. .
Thank you,
D~~ell~' ~
City Manager
cc: Mayor Norman Malone
Councilman Mike Mosteit
Councilman Chuck Engelken
Councilman Barry Beasley
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604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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Wayne S Knox
10431. North Avenue P
La Porte, Texas 77571
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June 11', 2003
" . REC.EIVED
City Manager Debra Feazelle
City of La Porte
604 W Fairmont Parkway
La Porte, Texas 77571
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CIlY MANAGER'S
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Ms Feazelle:
I live in the Lomax area of La Porte. My neighbor, Jack Howard at 1419 Lomax School Road,
recently had hundreds of loads of dirt and clay hauled in to elevate his property level 5-7 feet
to deal with his historically swampy piece of property. I have repeatedly asked Mr Howard to
extend a ditch on his property to keep runoff from his elevated property off of my land.
Knowing that this fill dirt required city approval, I repeatedly contacted Mr Robert Cummings
from the City of La Porte who permitted and inspected this fill dirt. Mr Cummings has danced
around the issue but has not resolved this problem.
, I have, contacted Mr John Joerns, Assistant City Manager who directed me to Mr Doug
Kniepper who did not return my calls (approximately 3 calls) and messages. I then discussed
the situation with our area councilman, Mr Mike Mosteit who told me that Mr Kniepper was in
the process of obtaining a new jo~. I have also sent a letter explaining the situation to
Assistant City Attorney John Armstrong. I do not have an answer from any of these people as
to a solution for this problem which could have easily been resolved with a simple ditch.
I would also n.ote that the portion of Lomax School Road leading to Mr Howard's property was
destroyed by the dump trucks hauling dirt to his property. This road way has since been
regraded and resurfaced by City employees. It seems that if all this resurface work could be
completed, a simple ditch could have also been dug. As for the expense of the roadway work,
Mr Cummings indicated that the dump trucks' insurance companies will repay the City for this
expense. I find that quite unbelievable but miracles do happen.
Please take a look at this situation and give me your response. I would also request that
someone take note of the hundreds of dump trucks traveling and destroying the roadways in
Lomax (at breakneck speeds) just so WalMart can get rid of their fill dirt! Maybe this practice
needs to be stopped before all the roads in Lomax need to be resurfaced.
I thank you for your assistance and look forward to your response. I can be reached at my
office 281-471-5751.
Way". Knox
President
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Pi~e & Valve
11007 Fairmont Parkway
La Porte. Texas 77571.6001
281-471.5751 Office
281.471.8782 Fax
800.399.3112
www.pipeandvalve.com
inlo@oiDeandvalve.com
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I.. Introduction
.iII Dirt Comments t~ cou~
(0m: Ufe.f)
A. 1998 Ordinance
1. Development Ordinance
2. Amended Section
B.
1.
Philosophy Behind 1998 Development Ordinance
2.
3.
C.
4 kftD~u-ljl ~ w} ~y
Area residence wamiRg te improve their land but bad Be Rl8"~ARiSlllll8der v:Bi&ll to
-4Q..se- to ~ p..e...s.-rI....cc.A-C-'oJs-
C'I)UB~l gw : f8l1ideBB tha&..nhaRisRl /I-../IedL c., --h 2:e-> cp,)u/LJ.>~ cd ,tJ4...>.> e./
Council in effect granting that land that ponds water after a rain stann does not have ~
to serve as a detention pond for La Porte f>
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Stipulations and Limitations of Ordinance 1444-A
1.
2.
II.
Today
A
B512-Ol-00
1.
2.
3.
Adequate drainage must be provided for
Adverse impacts to neighboring land cannot ensue from filling operations
Heightened activity and awareness of fill dirt operations is due to regional detention
pond being built in Deer Park
Contractor building pond is going door to door in Lomax area
Same Contractor is offering free dirt or minimally priced fill
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.~ }~.::::=:=::People w!iifare"NOT recei~~ fi11_~ ~ o!'!.~_~~e _~~~_~.:~_~~~~~~e~~~~y ,. ~
C. The landowner is the ultimate responsible party for his fill operations
D. Flooding
.1.
1-
3.
4.
5.
.6.
E. Other
1.
OIIly eRe repef'led ease cf fleediag due te fill ep.C.IatiOM all 9&h8l' 98HHRYAi'lU8S
IIave \Jeen om, F.&tR uf ftuudiAg- .
Rcsidents/n R9l ....11";"'8 ib~t the same ~ nfflnndiAg tIult}oJFIP iR&w:es
Once a area is filled to the point that it will not pond water anymore, all additional fill
has negligible impacts
Filling land does not change the amount of rain that falls out of the sky
Filling land only changes the velocity of the runoff * ?I"~<-
The volume of runoff will not change from before to after any fill operations
The City of La Porte is continuing to work with HCFCD to improve the FI01 system
and Sens Road both of which will drastically help any drainage problems in the
Lomax area when they are completed.
"
LrvuL f/1c~. -. REceiVED
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Mike _ ' r - . ~ OFl'lor:
Attached is an oudine of commen1s I bad planned to make at dtelast council meeting. ~IO~"
Unfortunately, Diana suffered a recurrence of an old back injwy while she was doing II . (
aerobic exercises at the fitness center and was in considerable pain so I did my husbandly
duty and lo.oked after her instead - prepare supper, massage, hot pads, all that stuff.
I read in the local rag where you head a committee to study the land filling problem and I
don't think the Mayor could have picked three more appropriate councilmen. Of comse I
support whatever the council enacts but I do feel a responsibility to the people who stood
behind me in the effort to prevent Booding while I was in office.
Raising the land was not an option then and I don't think it will be an option in 180 days.
The contractors are working now, have a time limit to move dirt, and it will be gone by
then. Another problem is that it will probably be too wet for heavy trucks and dirt leveling
machines to get on the property then.
I suggest yo~ committee consider the fonowing:
· Get the city staff to concentrate on enforcing the existing permit provisions requiring
ditches on each side of the newly filled land to take rainfall to the big ditches along the
road, The amount of water exiting the property would be the same but it would just be
in a concentrated stream.
· Get the new City Manager up to date on the Sens Road! Bay Area Boulevard project
and direct her to get with the new County Connnissioner to get the drainage part of that
project done ASAP. The county has completed the engineering work and the last I
heard they were just waiting on the city to pmchase additional right of way.
My property doesn't flood but I feel for those who do.
\"
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Guy
RECEIVED
JUN 2 6 2003
CITY MANAGER'S
OFFICE
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Outline of Comments on.Moratorium on Filling and Alteration of Land
Before Council on June 23, 2003
By Guy Sutherland, 10200 North L Street, La Porte
I am opposed to placing a moratorium on bringing dirt into the Lomax area.
The prime reason I ran for council years ago was to expedite relief from
flooding & I stepped down when I believed that major improvements were
complete and planning of remaining work was finalized.
I am disappointed that Sens RoadlBay Area Boulevard are not underway
partly because the large box culverts & a new Qutfall ditch are needed for
drainage.
A new County Commissioner, new City Manager, and the vacant Director of
Planning position appears to have caused priority for these projects to be
reduced until the next serious flooding.
~I The dirt to raise property elevation is needed now and may not be available
after a moratorium is lifted.
\ Weather conditions are perfect now but may be too wet later.
The only risk is to adjacent property which is covered by an existing
ordinance which states "The protection of adjacent property shall be
accounted for in the design of the drainage System".
All that is needed is for the city staff to enforce an existing ordinance.
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CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fainnont Par1<way, La Porte, TX 77571
www.ci.la-oorte.lx.us
Phone: (281) 471-5020 I Fax (281) 471-7168
June 25, 2003
RECEIVE
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Sidney Grant
1907 Loma.~ Drive
La Porte, TX 77571
JUN 2 6 2003
CITY MANAGER'S
OFFICE
Re: Lots 4 & 5 Loma." Gardens
Dear Mr. Grant,
You are the current owner of lots 4 and 5 of Lomax Gardens. Our records indicate that you applied for
and obtained fill dirt permits to fill the referenced lots on January 27, 2003. I reference permit
numbers 2003-0117, and 2002-0118.
According to the permits issued:
1. The fill must be graded out within 30 days in accordance with the conditions of the City's
Fill Dirt policies and Procedures.
2. The final product of the graded fill must achieve the storm water drainage plan indicated on
the drainage site plan you submitted with your fill dirt application.
In this case you had proposed constructing at grade swales on the south and north sides of. the
property. These swales must be constructed immediately and in accordance with the swale detail
located on the handout you were given with your permit at a minimum.
Neither of the above two items have been completed since the first fill dirt permit was issued.
Therefore, you are now considered to be in violation of the aforementioned permits and both of these
items need to be tended. tojmmediatel~QlLShQuld..b.e..awa.r.eJ:h.at there-is the .potentiaLfor...a.$2Q.Q.O
per day per incident fine if the corrective measures are not taken. This work should be completed
within ten days of the date of this letter.
Please suspend the delivery of additional fill until you come until compliance with the terms and
conditions of your permit.
cc: John Joems, Assistant City Manger
Richard Reff, Chief of Police
Debbie Wilmore, Chief Building Official
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La q>ott~ City officiaCs
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:Jvlayor CPro rtcm - (Pcter qriffit(lS
Councilman (Barry (J3cas{cy
Councilinan J{oward p.6ow
Counci{lIlan CIiUc~CE'1lfJe{lisll, Jr.
Counci{mall (Bruce 'Mcis771er
Counci{man :Jvlilis :Jvlosteit
Counci{771an Jamcs 1tVarren
Counci{man Cliarli'c. rrounn
City :Jvlanager, (j)e6ra (13. Peaze{{e
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CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fairmont Parkway, La Porte, TX nS71
www.ci.la-oorte.tx.us
Phone: (281) 471-6020 I Fax (281) 471-7168
,
June 25, 2003
Sidney Grant
1907 Lomax Drive
La Porte, TX 77571
Re: Lots 4 &, 5 Lomax Gardens
Dear Mr. Gram,
You are the current owner of lots 4 and 5 of Lomax Gardens. Our records indicate that you applied for
and obtained fill dirt permits to fill the referenced lots on January 27, 2003. I reference permit
numbers 2003-0117, and 2002-0118.
According to the permits issued:
1. The fill must be graded out within 30 days in accordance with the conditions of the City's
FilI Dirt policies and Procedures.
2. The final product of the graded fill must achieve the storm water drainage plan indicated on
the drainage site plan you submitted with yoUr fill dirt application.
In this case you had proposed constructing at grade swales on the south and north sides of the
property. These swales must be constructed immediately and in accordance with the swale detail
located on the handout you were given with your permit at a minimum.
Neither of the above two items have been completed since the first fill dirt permit was issued.
Therefore, you are now considered to be in violation of the aforementioned permits and both of these
itemS need to.be tended to immediately. You should be aware that there is the potential for a $2000
per day per incident fine if the corrective measures are not taken. This work should be completed
within ten days of the date of this letter.
Please suspend the delivery of additional fiU until you come until compliance with the terms and
conditions of your permit.
Sin~ .
~}ddenC~
Supervising Engineer
cc: John Joems, AssiStant City Manger
Richard Ref!, Chief of Police
Debbie Wilmore, Chief Building Official
11 H(Jc-hM~r ~tjJG 1- 9
City of La Porte
~ P.O. Box 1115 ~
.., La Porte, Tx 77571 ..,
(281)471-5020 ext 259,286 INSPECTION LINE:
****BUILDING PERMIT****
1r"'J-
471-9662
Application Number
Property Address
HCAD Number . . . . . .
Application description
Subdivision Name
Property pse . . . . .
Property Zoning . . . .
Application valuation
03-00000117 Date
1907 LOMAX DR
079-049-000-0018
MISCELLANEOUS
LOMAX GARDENS
REAL RES SINGLE FAMILY
RES - LOW DENSITY
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1/27/03
Owner
Contractor
OWNER
Construction Type . .
Occupancy Type . . .
Structure Information
. . . NOT APPLICABLE
. . . RESIDENTIAL
Permit . . . .. BUILDING PERMIT - FILL DIRT
Additional desc . . AS PER DESCRIPTION
Permit Fee Plan Check Fee
Issue Date Valuation
Expiration Date
.00
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Special Notes and Comments
GRADE LOTS TO DRAIN TOWARD PROPOSED
SWALES. 15 LOADS ON LOT 32/10 PER
LOT-LOTS 22-26, 40 ON LOTS 4 AND 5 PER
DKK
Fee swmnary Charged Paid Credited Due
----------------- ---------- ---------- ---------- ----------
Permit Fee Total .00 .00 .00 .00
Plan Check Total .00 .00 .00 .00
Grand Total .00 .00 .00 .00
OF CONTRACTOR OR AUTHORIZED AGENT)
(APPROVED BY BUILDING OFFICIAL OR AUTHORIZED AGENT) DATE
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Gillett, Martha
From:
Sent:
To:
Subject:
Gillett, Martha
Tuesday, July 08, 2003 3:07 PM
'BEACHAM, DENNY (JSC-DX12) (RAY)'
RE: Lomax area fill dirt
I am in receipt of your e-mail and will forward to the committee.
-----Original Message-----
From: BEACHAM, DENNY (JSC-DXI2) (RAY) [mailto:denny.beacham1@jsc.nasa.gov]
Sent: Tuesday, July 08, 2003 2:23 PM
To: 'gillettm@ci.la-porte.tx.us'
Subject: Lomax area fill dirt
To whom it may concern:
I am very interested in the concern that has arisen over the matter of a construction
contractor offering fill dirt to various La Porte residents of the Lomax area. I
understand that a tour is being made by the City Council members in order to investigate
this matter. I would like to request that my property at 9823 North P street be included
on this tour. The area is low lying and despite my efforts throughout the years to improve
drainage, still holds water after minor rains. The neighboring lots suffer from the same
problem. The offering of low cost fill dirt and grading to residents by this contractor
will correct my drainage problem at minimal cost without impacting my neighbors.
I hope that I will get an opportunity to discuss this matter further with those
individuals concerned.
Thank you,
Denny Beacham
281-792-5868 wk
281-470-8416 hm
713-506-1085 pg
1
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Policies and Applications of Regional Cities
Pasadena
7- 9-03;11:45AM;Pasadena Eng. DePt.
;713 475 7833
# 2/ 2
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.,
(2) Manufactured homes placed or substantially improved within Zone VI -30,
V, and VB on the community's FIRM on sites (i) outside of a
manufactmed home park or subdivision; (il) in a new manufactmed 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 the result of a flood, met the standards this section and that
manufactured homes placed or substantially improved on other sites in an
existing manu&ctured home park or subdivision within Zones VI-30, V,
and VB on the community's FIRM meet the requirements of section 9-
189(5) of this article.
(3) Recreational vehicles placed on sites within Zones Vl-30, V, and VB on
the community's FIRM either (i) be on the site for fewer than one hundred
eighty (180) consecutive days; (il) be fully licensed and ready for highway
use; or (ill) meet the requirements for development permit and paragraphs
(I) through (6) of section 9-189. 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 conditions.
See.9-191. Standards for construction on engineered ftU.
In addition to all other applicable requirements set forth in this Code or any other
applicable laws or regulations, all filling of lots or vacant property, new construction or
substantial improvements proposed to be constructed on engineered fill shall apply for a
development permit prior to filling to verify the location is in authorized area or of
special flood hazards and must be constructed ,on properly designed and compacted fill
that extends beyond the building walls before dropping below the base flood elevation
and must be appropriately protected from erosion and scour. The design of the fill must
be sealed by a registered engineer in the State of Texas demonstrating that proper
compaction has been obtained and NPDES regulation have followed, the fill is not within
the 100 year floodplain and has not changed the BFE.
See. 9-192. Reserved.
See. 9-193. Reserved.
See. 9-194. Standards for subdivisions proposals.
(a) All subdivision proposals including manufactured home parks and
subdivisions shall be consistent with sections 1, 2, and 3 of this ordinance [87-21]
adopting the provision.
AmendCheptm9-F100dD0c2
7
7- 7-03; 4:52PM;Pasadena Eng. DePt.
;713 475 7833
# 2/ 2
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DEVELOPMENT PERMIT
.,
A. (1) ADDRESS
(2) LEGAL DESCRIPTION*:
LOT . BLK
SUBDIVISION
SECTION NO. .
*IF NOT LOCATED IN A RECORDED SUBDIVISION, ATTACH MEETS
AND BouNDS DESCRIPTION. .
B." T~PE OF DEVELOPMENT (CHECK ALL THAT APPLY)
STRUCTURE
FILL
LEVEE
. CHANNEL'
SUBDIVISION
OTHER
(SPECIFY)
~. OFFICE USE
(1) PANEL NO.
(2) ZONE
'(3). IS SI.TE LOCATED IN FLOOD PLAIN BY GROUND ELEVATIONS?
. YES [ ] NO .[ ]
(A) .IF SITE IS IN ZONE C AND THE ANSWER TO C (3) IS NO, THEN GO
TO LINE G. (1)
(5) BY DATE
D. ATTACH SITE PLAN IN DUPLICATE SHOWING THE FOLLOWING:
(1) SCALE. .
(2) EXISTING GROUND ELEVATION (BASED ON APPROVED DATUM)
(3). EXISTING I~ROVEMENTS (ie: BUILDINGS, PARKING AREAS,
DRAINAGE CHANNEL, ete.). ~
(4) PROPOSED IMPROVEMENTS (ie: BUILDINGS,' PARKING AREAS,
BERMS, LEVESS, LANDSCAPE ALTERATIONS, ete.)
(5) IF STRUCTURES ARE INVOLVED, SHOW PROPOSED FINISH FLOOR
ELEVATION .
(6) IF FILL, SHOW, APPROXIMATE AMOUNT OF FILL TO BE USED
. E. UPON COMPLETION OF CONSTRUCTION OR ~MPRO~NTS AS BUILT .
DRAWINGS CERTIFIED BY REGIS~ERED ENGINEER-OR REGISTERED SURVEYOR
MUS~ BE SUBMITTED.
F. SIGNATURE OF OWNER OR AGENT:
DATE
Page 1 of 2
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Policies and Applications of Regional Cities
Pearland
I D:
JUL 07'03 11:27 No.003 P.26
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ORDINANCE NO, 817-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARlAND,
TEXAS, AMENDING ORDINANCE NO. 817, THE CITY'S FLOOD
MITIGATION ORDINANCE, TO AUTHORIZE THE CITY MANAGER, AT
HJS DISCRETION, TO EXEMPT FROM COMPLIANCE WITH THIS
ORDINANCE. DEVELOPMENT UPON LAND LESS THAN ONE ACRE IN
SIZE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A
SAVINGS CLAUSE. A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE
NEED TO CLARIFY FLOOD MITIGATION REQUIREMENTS INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
BE IT ORDAINED BY THE CITV COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Ordinance No. 817 of the Code of Ordinances of the City of
Pearland, Texas, is hereby amended to ADD Section 3-F, Exemptions, to read as
follows:
..... SECTION 3-F. EXEMPTIONS
(1) Notwithstanding any provisions of this Ordinance, the City Manager may r
at his discretion, exempt from compliance with any part or parts of this
Ordinance, development requiring less than 0.75 acre feet of detention. II
Section 2. Penalty. Any person, firm or corporation who shall violate any of
the provisions of this Ordinance or fall to comply therewith or who shall violate or fail
to complV with anv order or regulations made thereunder, or who shall build in
violation of any detailed statement of specification of plans submitted and approved
hereunder, or any certificate or permit issued hereunder, shall. for each and every
violation and noncompliance respectively be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars
($2,000.00) and each and every day that such violation or noncompliance shall exist
shall be deemed a separate offense.
1
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JUL 07'03
11:28 No.003 P.27
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ORDINANCE NO. 817-1
If any person, firm or corporation violates any of the provisions of this
Ordinance or fails to comply herewith, the City of Pearland, in addition to imposing the
criminal penalties provided herein, may additionally institute any appropriate civil or
criminal actions or proceedings allowed by law to prevent, restrain, correct, or abate
any illegal act, conduct. business, or use in or about any land within its jurisdiction.
Section 3. Declaration of Emergency. The Council finds and determines that
the need to clarify flood mitigation requirements inures to the benefit of the public
and, therefore, bears directly upon the health, safety and welfare of the citizenry; and
that this Ordinance shall be adOPted as an emergency measure. and that the rule
requiring this Ordinance to be read on two (2) separate occasions be. and the same
is hereby waived.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Abrogation and Greater Restrictions. This Ordinance is not
intended to repeal. abrogate, or impair any existing ordinances, easements. covenants,
or agreements, However. where this Ordinance and another ordinance. easement,
covenant, or agreement conflicts or overlaps, the more stringent restrictions shall
apply.
Section 6. S8\1erability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid. unconstitutional or
2
I D:
JUL 07'03
11:28 No.003 P.28
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ORDINANCE NO, 817-1
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 7, Repealer. All ordinances end parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict.
Section 8. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 9, Publication/Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the
City of Pearland. upon passage of such Ordinance, The Ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
PASSED and APPROVED on First and Onlv Reading this the 23rd day of
Februar-y
, A.D., 1998.
c- ~ [20
TOM REID
MAYOR
VOTING RECORD (FIRST AND ONLY ReADING
FEBRUARY 23. 19981
Yotlng -Aye- - Councllmemblf. Co'e, Berger,
Blclemen. Teten., end WI'.ln..
Voting .No. - Nonl,
Motion pe..e. 5 10 0,
ATTEST:
PUBLlCArlON DATE: FEBRUARY 26, 1998
EFFECTIVE DATl: MARCH 5. 1898
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY Of PEARLAND.
TEXAS.
3
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JUL 07'03 11:14 No.003 P,02
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ORDINANCE NO. 532-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 532, THE FLOOD HAZARD
PREVENnON ORDINANCE, FOR THE PURPOSE OF REQUIRING
MITIGATION WITHIN THE 100-YEAR FLOODPLAIN; PROVIDING A
PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCV, AS THE PROVISION OF NATIONAL FLOOD INSURANCE
BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF
PEARLAND CITIZENS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That Ordinance No. 532. the Flood Hazard Prevention Ordinance, as the same may
have been from time to time amended, is hereby further amended for purpose of requiring
mitigation within the 100-year Floodplain, to read as follows:
"ARTICLE 1
STATUTORY AUTHORIZATION, .FINDINGS OF FACT,
PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in 8280-13 VRCS delegated the responsibility to
local governmental units to adopt regulations designed to minimize flood losses. Therefore
the City Council of the City of Pearland, Texas does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of the City of Pearland 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
1
ID:
JUL 07'03 11:14 No.003 P.03
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ORDINANCE NO. 532-3
by the occupancy of flood hazard areas by uses vulnerable to floods and
hazardous to other lands because they are inadequately elevated,
f1oodproofed, 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 areas by
provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business Interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(6) 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) Ensure that potential buyers are notified that property is in the. flood area,
(8) . . Regulate all fill in the Floodplain to ensure that all fill placed in the Floodplain
is mitigated by compensating cut material that is removed from the
Floodplain so that no increase in flood levels will result.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomprlsh its purpose, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
2
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JUL 07'03
11:15 No.003 P.04
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ORDINANCE NO. 532-3
(3) Control the alteration of natural floodplains. stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;.
(4) Control filling, grading, dredging and other development which m~y 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.
(6) Ensure that all fill in the Floodplain is mitigated by compensating cut in the
floodplain.
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 for a review of the Floodplain Administrator's interpretation of
any provisions of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO Zone on a
community'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
channeJ 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.
3
ID:
JUL 07'03 11:15 No.003 P.05
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ORDINANCE NO. 532-3
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
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 the preparation for publication for the FIRM, Zone A
usually is refined into Zones A. AE. AH, AO, A1-99, VO, 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. .
CRITICAL FEATURE - means an in~egral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
CUT - means the excavation of earth or other solid material from below the natural ground
surface elevation prior to or during construction",
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 BUILDINGS - means a nonbasement building (i) built, in the case of a building
in Zones A 1-30, AE, A. A99, AO, AH, B, C, X, and 0, 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 floor 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 A 1-30, AE, A,
1\99. AO. AH, B, C, X, and 0, "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 Vl-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 (e) (5) of the National Flood Insurance Program
regulations.
EXISTING CONSTRUCTION - means for the purpose of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date. "Existing construction" may
also be referred to as "existing structures."
4
1D:
JUL 07'03
11:16 No.003 P.06
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ORDINANCE NO. 532-3
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.
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).
FILL - means the placement of earth or other solid material above the natural ground
surface elevation prior to or during construction.
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 a community, on
which the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the
base flood, 8S well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being
"inundated by water from any source (see definition of flood or flooding).
FLOODPLAIN ADMINISTRATOR - means the City Manager of the City of Pearland or his
designate.
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective
and preve~tive measures for reducing flood damage, including but not limited to
5
ID:
JUL 07'03
11:16 No.003 P.07
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ORDINANCE NO. 532-3
emergency preparedness plans, flood control works and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention
and reduction, .
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds
have been authorized, appropriated, arid 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, levees or dikes.
These specialized flood modifying works are those constructed in conformance with sound
engineering standards.
FLOOD PROOFING. means any combination of structural and non-structural additions,
changes, or adjustments to structures'which reduce or eliminate flood damage to real
estate or improved real propei'1y, water and sanitary facilities, structures and their contents.
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.
FUNCTIONAll Y 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: working,
sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage
purposes only is not a "habitable floor. II
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure,
HISTORIC STRUCTURE - means any structure that is:
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(a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
" historic district:
(c) 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
(d). Individually listed on a local Inventory of historic places in communities with
historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the
Interior or;
(2) Directly by the Secretary of the Interior in states without approved
programs.
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 a levee, or levees,
and associated structures, such as closure and drainage devices, which are constructed
and operated in accordance with sound engineering practices.
LOWEST FLOOR . means the lowest floor on the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicle,
building access or storage in an area other than a basement area is nol 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 floodplain management purposes,
the term "manufactured home" also includes park trailers, travel trailers, and other similar
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ORDINANCE NO. 532-3
vehicles placed on a site for greater than 180 consecutive days. The term "manufactured
home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale,
. .
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
MITIGATE BV COMPENSATING CUT - the process of reducing the impact of the volume
of proposed fill or other volume added in the floodplain, as defined on the official Flood
Insurance Rate Map, to ensure the volume of imported fill does not exceed the volume of
proposed cui or other reduction of volume in the floodplain for the proposed earthwork.
NEW CONSTRUCTI.QN - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective date of
an initial FIRM or afler December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes. "new
construction" means structures for which the "start of construction" commenced on or after
the effective date of a floodplain management regulation adopted by a community and
includes any subsequent improvements to su~h structures.
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 utilities,
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
a community.
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 Iighl duty truck; and.(iv) designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational, camping,
trave', 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, rehabilitation, addition, placement, or
oth~r 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
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of slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage ~f 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. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that alteration affects the external
dimensions of the building. .
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 reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before "start of construction" of the improvement. This
includes structures which have incurred "substantial damage." regardless of the actual
repair work performed. The term does not, however, include either: (1) Any project for
improvement of a structure to correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local.code enforcement official
and which are the minimum necessary conditions or (2) Any alteration of a "historic
structure," provided that the aheration will not preclude the structure's continued
designation as a "historic structure." .
VARIANCE - is a grant of reliet to a person from the requirement 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),
VIOLA liON - means the failure of a structure or other development to be fully compliant
with the community's floodplain 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 ',hat documefltation is provided.
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WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floOdp!ains of coastal or riverine areas.
ARTICLE 3
ADMINISTRATION
SECTION A. DESIGNATION OF FLOODPLAfN ADMINISTRATOR
The Floodplain Administrator is hereby appointed 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 permit application to determine whether proposed building site,
including the placement of manufactured homes, will be reasonably safe
from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary
permits have been obtained trom those Federal, State or local governmental
agencies (including Section 404 of the Federal Water Pollution 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 8 mapped boundary and actual field conditions) the
FlOOdplain Administrator shall make the necessary interpretation. The
person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 0 of this
Article.
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(6) Notify, in riverine situations, adjacent communities and Ihe State
Coordinating Agency which is the Texas Natural Resource Conservation
Commission, prior 10 any alleration or relocation of a watercourse, and
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.
(8) When base flood elevation data has not been provided in accordance with
Article 5, Section B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation data and f100dway data available
from a Federal, State. or other source, in order to administer the provisions
of Article 3.
(9) When regulatory tloodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted with;n
Zones A 1-30 and AE on the community's FIRM, unless it is demonstrated
that the cumulat;ve 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 CFA Chapter 1, Section 65.12, of the National
Flood Insurance Program regulations, a community may approve certain
development in Zones A 1.30. Af, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one
foot, provided that the community first applies for a conditional FIRM revision
through FEMA.
(11) Assure that all quantities of fill or other added volume in the Floodplain are
computed and mitigated by an equal 01 greater quantity of cut or other
reduced volume in the Floodplain.
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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, including the placement of manufactured homes, 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
structure shall be floodproofed;
c, A certificate from a registered professional engineer or architect that
the nonresidential floodproofed structure shall meet the flood proofing
criteria of Article 4, Section B(2);
d. Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with Article 3,
Section (8) (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 materials may be swept onto other lands to the injury
of others;
d. The compatibility of the proposed use with existing and anticipated
development;
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e. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
f. The cost 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 0* 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.
(3) The provisions of this ordinance regulating mitigation of the 1 DO-year
Floodplain shall not apply to develop"ments for which a master drainage plan
has been previously adopted,
SECTION D. VARIANCE PROCEDURES
(1). The Building Board of Adjustment and Appeals as established by the City of
Pearland shall hear and render judgement on requests for variances from the
requirements of this ordinance,
(2) The Building Board of Adjustment and Appeals shall hear and render
judgement 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 Building Board of
Adjustment and Appeals 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.
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(5) Variances may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or the State
InventOlY 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 contiguous 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 Building Board of Adjustment and Appeals may attach such
conditions to the granting of variances as it deems necessary to further the
purpose and objectives of this ordinance (Article 1, Section C and 0).
(8) Variances shall not be issued within any designated f100dway if any increase
in flood levels during the base flood discharge would resull.
(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 continue.d designation as a historic structure and the
variance is the minimum necessary 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,
(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.
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(3) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with 8 lowest floor
elevation no more than 0,5 feel 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 a community for new construction and
substantial improvements and for other development necessary for the
conduct of a functionally dependent use provided that (i) the criterJa outlined
in Article 3 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.
ARTICLE 4
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 flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loa~s, including the effects of buoyancy;
(2) All new construction or 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;
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(6) . New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
SECTION 8. SPECIFIC STANDARDS
In an areas of special flood hazards where base flood elevation data has been provided as
set forth in (i) Article 5, Section B, (II) Article 3, Section B(8), or (iii) Article 4, Section C(3),
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 one foot above the base flood elevation. A registered
professional engineer, architect, or land surveyor shall submit a certification
to the Floodplain Administrator that the standard of this .subsection as
proposed in Article 3, Section C(1)a., Is satisfied. .
(2) Nonresidential Construction. New construction and substantial improve-
ments of any commercial, industrial, or other nonresidential structure shall
either have the lowest floor (including basement) elevated to or above one
foot above the base flood level or, together with attendant utility and sanitary
facilities, be designed so that below one foot above 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/or 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 usable solely for parking of
vehicles, building access or storage in an area other than a basement and
which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior wa"s by allowing for the entry and exit of
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floodwaters, Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed the
following minimum criteria:
8. A minimum of two openings having 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.
(4) Manufaclured Homes
a. Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and
practices which min'imize flood damage. For the purpose of this
requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring
may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable State
and local anchoring requirements for resisting wind forces.
b. Require that all manufactured homes that are placed or substantially
improved within Zones A 1-30. AH and AE on the community's FIRM
on sites (i) outside of a manufactured home park or subdivision, (ii) in
8 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 one foot
above the base fJood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse,
and latera' movement.
c. Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park or
subdivision with Zones A 1-30, AH and AE on the community's FIRM
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that are not subject to the provisions of paragraph (4) of Ihis section
be elevated so that either:
(i) the lowest floor of the manufactured home is at or above one
fool 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 - Require that recreational vehicles placed on sites within
Zones A 1-30, AH, and AE on the community's FIRM either (i) be on the site for
fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or
(iii) meet the permit requirements of Article 5, Section C (1), and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this section.
A recreational vehicle is ready tor highway use if il 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.
SECTfON C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals Including the placement of manufactured home
parks and subdivisions shall be consistent with Article 1, Sections B, C, and
D of this ordinance.
(2) All proposals for the development of subdivisions including manufactured
home parks and subdivisions shall meet Development Permit requirements
of Article 5, Section C; Article 3, Section C; and the provisions of Article 4 in
this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and
other proposed development including manufactured home parks and
subdivisions which is grealer than 50 lots or 5 acres, whichever is lesser, ;f
not otherwise provided pursuant to Article 5, Section B or Article 3, Section
B(8) of this ordinance.
(4) All subdivision proposals including manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure 10
flood hazards.
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(5) All subdivision proposals including the placement of 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 (AO/AH ZONES}
located within the areas of special flood hazard established in Article 5, Section B, are
areas designated as shallow flooding. These areas have special fJood 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 unpredictable and where velocity of flow may be evident.
Such 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 one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no depth
number is specified).
(2) All new construction and substantial improvement at nonresidential
structures:
(i) have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no
depth number ;s specified), or;
(ii) 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 3, Section C (1) a., are satisfied,
(4) Require within Zones AH or AO adequate drainage paths around structures
on slopes, to guide flood waters around and away from proposed structures.
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SECTION E. FLOODWA VS
Floodways - located within areas of special flood hazard established in Article 5, Section
B, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which earlY 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 it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not
result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
(2) If Article 4, Section E(1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 4.
(3) Under the proviSions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Regulations, a community may permit encroachments within
the adopted regulatory flood way that would result in an increase in ba~e
flood elevations, provided that the community first applies for and receives a
conditional FIRM and f100dway revision through FEMA.
ARTICLE 5
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard within the jurisdiction of the
City of Pearland.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management
Agency in the most current scientific and engineering report entitled, "Flood Insurance
Study, Brazoria county, Texasand'ncorporatedAreas, Volume 1 of 2," JuneS, 1989; and
"Flood Insurance Study, Harris County, Texas and Incorporated Areas, Volume 4 of 8,"
September 30. 1992; and "Flood Insurance Study, City of Pearland, Texas, Brazoria and
Harris Counties," January 5, 1984, with accompanying Flood Insurance Rate Maps and
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Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby
adopted by reference and declared to be a part of this ordinance.
SECT'ON 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 easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION F. INTERPRETATION
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 Stale statutes.
SECTION G. ytARNING 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 win be free from flooding or flood
damages. This ordinance shall not create liability on the part of the City of Pearland or any
official or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made thereunder.
SECTION H. CERTIFICATION BY CITY SECRE;TARY
21
1D:
JUL 07'03
11:26 No.003 P.23
e
e
ORDINANCE NO. 532-3
The City Secretary is hereby directed to file certified copies of this ordinance with the
following agencies: State Clearing House-Budget & Planning Office; Texas Natural
Resource Conservation Commission: Federal Insurance Agency; and Houston-Galveston
Area Council.
SECTION I. VIOLATION AND PENAL TV
(1) Any person, firm or corporation who shall violate any of the provisions of this
ordinance or fail to comply therewith or who shall violate or fail to comply with
any order or regulations made thereunder, or who shall build in violation of
any detailed statement of specification of plans submitted and approved
thereunder, or any certificate or permit issued thereunder, shall, for each and
every violation and noncompliance respectively be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in any sum not less
than $25.00 nor more than $200.00, and each and every day that such
violation or noncompliance shall exist shall be deemed a separate offense,
(2) But in case any person, firm or corporation violates any of the provisions of
this ordinance or fails to comply therewith, the City of Pearland, in addition to
imposing the penalties provided, may institute any appropriate action or
proceedings in Court to prevent, restrain, correct, or abate or to prevent any
illegal act, conduct, business, or use in or about any land, and the definition
of any violation of the terms of this ordinance as a misdemeanor, shall not
preclude the City of PearJand from invoking the civil remedies given it by law
in such cases, but same shall be cumulative of and in addition to the
penalties prescribed for such violation.
SECTION J. ENACTMENT
Savings. All rights and remedies which have accrued in favor of the City under this
Chapter and amendments thereto shall be and are preserved for the benefit of the City.
Severability. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by
any court of competent jurisd,iction, such portion shall be deemed a separate, distinct, and
Independent provision and such holding shall not affect the validity of the remaining
portions thereof.
22
10:
JUL 07'03 11:26 No.003 P.24
.
e
ORDINANCE NO. 532-3
Repealer, All ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
Codification. It is the intent of the City Council of the City of Pearland, Texas, that
the provisions 0' this Ordinance shall be codified in the City's official Code of Ordinances
as provided hereinabove.
PublicatIon/Effective Date. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage 0' such Ordinance. The Ordinance shall then become effective ten (10) days
from and after its publication, or the publication of its caption and penalty, in the official City
newspaper.
DeclaratIon of Emergency. The Council finds and determines that the need to
preserve the availability of national flood insurance for the citizens of Pearland, by
complying with current FEMA regulations, bears directly upon the health, safety and
welfare of the citizenry; and therefore this Ordinance shall be adopted as an emergency
measure, and that the rule requiring this Ordinance to be read on two (2) separate
occasions be, and the same is hereby waived.u
PASSED and APPROVED on First and Only Reading on this the..!.. day of
October, A,D., 2000,
c:.- ...-=:::~nn, .
TOM REID
MA YOR
23
ID:
.
ORDINANCE NO. 532.3
APPROVED AS TO FORM:
..(i:J~ .ft, ~ _....._.
DARRIN M. COKER
CITY ATTORNEY
JUL 07'03
11:27 No.003 P.25
e
VOTING RECO{tD tnRST AND ONl V ~I:ADINC;
QCYOltER 9. 20001
Vntino "Ave. . Cnuncilmernbcn. DuekmRn, Owens,
Seeger. Ma,enu, and Wllki,,~.
Vo,in!J "No. - Nunll.
Mo'ion passoli 5 to O.
PUBLICATION DAlE: OCTOBER 11. 2000
Hf"CTlVE DATE: OCTOBER 21,2000
PUBlISHEO ^S REOUIRED BY SECTION 3.10 or
THE CUAltrER OF THE CITY Of PI:ARlAND. TEXAS
24
. JU~ 07 2003 16:26 FR CITY OF PEARLAND
e
281 652 1702 TO 92818421868
e
P.02
CITY OF PEARlAND,
DEVELOPMENTIGRAD1NG PERMIT AP~LlCATION
FilLING, EXCAVATION, OR RUNOFF BARRIER CONSTRUCTION ON lOTS AND LAND
TRACTS
APPLICATION NUMBER
1. NAME OF APPLICANT:
MAILING ADDRESS:
TELEPHONE:
2. LEGAL DESCRIPTION OF PROPERTY (complete as appropriate)
Address of property
If located in a subdivision:
Name of Subdivision
Section
Block
Lot
If NOT located in subdivisIon:
Name and No. of Survey/Abstract
Acreage
Lol or Land Tract Dimensions
Area (Square Feet)
3. NATURE OF EARTH MOVING (check a.nd cornple!te as appropriate)
_REGRADING (No Construction) _ REGRADING (ResIdential Construction) -
REGRADING (CommerclallBuslness Construction)
_BALANCED CUT AND FilL (No DaUvery or Haul from Site)
_EXCAVATION (Earth Removed from Site) _ FILLING (Earth Delivered to SIte)
4. REASON FOR EARTH MOVING ACTIVITIES (Check and complete as appropriate)
_Elevate property above FloodplaIn (No Current Constructlon)
_Elevate Property above Floodplaln (ResIdential ConstrucUon)
"1_.._'_ Dr^..u.rh, ahnVA FloodDlaln (Commercial/BusIness Construction)
'JU~ 07 2003 16:26 FR CITY OF
PEARL AND
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281 652 1702 TO 92818421868
e
P.03
_Regrade Property (lmprove Drainage, No Significant Elevation Change)
. '
_Excavation (Establish Drainage Swa'e or Remove Obstruction to FloW)
_Excavation (Establish on site Detention Facility)
5. SOURCE/DEST'NATION OF REGARDED SOIL
Fin Malenal from Contractor Working on another project
_Fill Material purchased from suppner
_Excavated Material to be delivered to Another Project
_Excavated Materia' to be denvered to supplier or landfill
Address of Recelving Area
6. PROVIDE ONE COpy OF LOT OR LAND TRACT SlTE PLAN WITH DIMENS10NS &
PROPOSED GRADING THEREON.
.. .
Information to be included:
A. Dimensions of site perimeter boundary lines.
B. Indication of the limits of earth moving activity.
C. Planned depth of fill material placement of depth of excavation.
D. Proposed amount (cubic yard) of either fill or excess dirt to be either hauled
onto or off the site.
E. Description or depiction of the extent to whlch any exisUng watercourse or
natural drainage will be alt~red or relocated as a result of the planned earth
moving work.
F. Plan showing how the subject propeJ1;y win drain Into the nearest street R.O.W.
or publlc drainage system without crossing nor adversely Impacting neighboring
properties. I
Applicant's Slgnature
Date
~
Englneering Department APproval
Date
. . JU~ 07 2003 16:26 FR CITY OF PEARLAND 281 652 1702 TO 92818421868 P.04
. ~..Jr::..,",
~.
e
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~.
- .....
ORDINANCE NO. 817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND.
TEXAS. REQUIRING MITIGATION OF INCREASED RUNOFF CAUSED BY
DEVELOPMENT, PROVIDING FOR REGIONAL DETENTION AS AN
ALTERNATIVE, TO ALLEVIATE THE NECESSITY FOR LOCAL DETEN.
TION, PROTECT PEARlAND CITIZENS FROM FLOOD HAZARDS
CREATED BY DEVELOPMENT; PROVIDING FOR STATUTORY
AUTHORIZATION AND METHODS OF REDUCING FLOOD LOSSES;
CONTAINING DEFINITIONS; PROVIDING A PENAL TV FOR VIOLATION;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION,
ANO AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, the City of Pearland, a home.rule municipality. is authorized by
Charter to adoPt and implement necessary and reasonable ordinances in the best
. interests of its citizenry; and
WHEREAS, the City of Pearland may, in accordance with Its Inherent police
powers take necessary actions to control drainage erosion of the City's topography
to prevent flood damage; and
WHEREAS, the City is authorized by Section 16.311 of the Water Code
(Flood Control and Insurance Act) to take all necessary and reasonable actions to
facilitate compliance with the requirements and criteria of the National Fiood Insurance
Program; and
WHEREAS, health and safetY issues associated with the increased runoff
.
caused by development in the City is steadily increasing; and
WHEREAS, continued development in the City is recognized as valuable and
desirable, although potentially threatening to itself, existing development, and to the
special flood haz.ard %ones; and
1
PEARLAND 281 652 1702 TO 9281842186B P.05
.
ORDINANCE NO. 81'
WHEREAS,' the City recognizes the immediate need to mitigate the increased
runoff effects of development in the City; and
WHEREAS, the City has purchased tracts of land on which to build large
detention basin volume which this Council wishes to make available as an alternatIve
to mitigate the effects of existing and future development; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLANO, TEXAS:
"ARTICLE 1
FINDINGS OF FACT. PURPOSE, AND METHODS
SECTION 1-A. FINDINGS OF FACT
(1) Construction practices of earth-filling and earth~excavatlng on lots and land
tracts to elevate the land above local flooding threats, or to divert existing runoff
patterns, often disrupt the natural or existine historical drainClQe Datterns onto and off
9f n~ahborlna lots or land tracts.
(2) All developmenr within the City affects the special flood hazard areas,
because all lands in the City drain to streams that flow through special flood hazard
areas as defined by National Flood Insurance maps for the community of Pearland.
(3) Mitigation of Increased runoff for all development in the CitY is necessary
and crlticalln order to protect the health, safety, and welfare of the citizenry generally
and to further FEMA objectives.
2
. JU~ 07 2003 16:26 FR CITY OF PEARLAND
e
281 652 1702 TO 82818421868
'e
P.06
. -'
ORDINANCE NO. 817
SECTION 1.8. STATEMENT OF PURPOSE
The City of Pearland has a substantial governmental interest in requiring and enforcing
mitigation regulations. These regulations will benefit all property owners in the City
and will be applied proportionately in accordance with scientific methodology. It Is the
purpose of this Ordinance to promote the public health, safety and general welfare by
implementing provisions designed to:
(1) Minimite public and private costs associated with flooding In residential and
business areas by reducing flooding conditions in the CitY through more effective
methods of developed runoff mitigation;
(2) Provide crotection to Pearl and citizens from certain uncontrolled actions of
others that may negatively impact the value of private property;
(3) Protect development inside and outside special flood ha:urd areas from the
cumulative effect of development in the City at large;
(4) Reduce the proliferation of small, local detention ponds;
(5) Help enhance an increasing, stable tax base by offering the option of
replacing small, local detention on valuable uplands with space in large regional
detention in lower value lowlands.
SECTION '.C. METHODS OF MITIGATION. CUMULATIVE EFFECT MINIMIZATION.
AND CONTROLLING NEIGHBORI~G DIVERSIONS
In order to accomplish Its purpose, this Ordinance uses the following methods:
(1) Require all development to mitigate the effects of increased runoff created
by s~ld development: and
3
JUL 07 2003 16:27 FR CITY OF PEARLAND
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281 652 1702 TO 82818421868
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P.07
ORDINANCE NO. 817
(2) Require conditional development permit for all lot and land fillina, and
. excavation or runoff barrier construction;
(3) Commit regional detentIon space to initiate the alleviation of existing
flooding;
(4) Where appllc:able and available, offer regional detention space for
develDpment projects as an alternative to small, local detention ponds,
ARTICLE 2
DEFINITIONS
ACRE-FOOT - the volume of space equivalent to 12 inches (one foot) of water on one
acre of land.
DETENTION FACILITIES -Include but are not li"1ited to basins, ponds, restricte,d-outlet
ditches, depressed grading and/or paving, pipes, channels, and flood plains, that cause
rainfall runoff to leave an area more slowly than it otherwise would.
DEVELOPMENT - all construction on land that creates new surface disturbances that
result from filling, excavatln9 or surfaclna actb{iti~$ on the land. For purposes of this
Ordinance, DEVELOPMENT does not include adding a floor to a building, building on
an existing slab, replacing an existing slab or pavement with a new slab or pavement
of same size at existing grades, or other activities that do not change the amount of
.
impervious cover on the land, or the grades of said land or surfaces.
DEVELOPMENT PERMIT - a formal document, approved by the CitY Engineer or his
designee, issued by the City of Pearland, permitting construction of the project applied
4
JUL 07 2003 16:27 FR CITY OF PEARLAND
..
It
281 652 1702 TO 92818421868
e'~.,
P.08
I
,
i
,
ORDINANCE NO. 811
mitigation for all development, including but not limited to the implementation of a
,system, tor approving and issuing development permits.
SECTION 3-C. DEVELOPMENT PERMIT REQUIREt)
A Development Permit is required for all developmenr in accordance with this
Ordinance.
SECTION 3-D. PERMIT PROCEDURES
(1) Development Permits required by this ordinance for all development projects
within the City shall be reviewed only after Application Is made on a form provided by
the Administrator or his designee including, bur not limited to (1) a site plan prepared
by a registered engineer or surveyor depicting existing and proposed site
Jmcrovements, and (2) a drainage plan with elevations based upon official
benchmarks. The required drainage plan shall provide for delivery of the design event
runoff from the project property to a public drainage way easement or drainage or
street right of way, including provisions for acceptance, mitigation, and conveyance
of excess runoff created by the proposed development. Building Permits and signed,
approved formal engineered plans and specifications shall also qualify as
Development Permits,
.
a. Provisions must be made for constructing mitigation of rainfall runoff
rates in excess of historical runoff rates for all projects. In the absence
of other mOre applicable criteria, the 1 OO-year storm event shall be used
for determining runoff rates and required mitigation.
7
. JUL 1217 212103 16: 27 FR CITY OF PEARL AND
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281 652 1702 TO 92818421868
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P.09
ORD1NANCE NO. 817
b. For those projects electing replacement detention mitigation by reserving
space In a regional detention basin, the Developm.ent Permit application
must include a detailed engineering report that demonstrates the runoff
mitigation equivalence of replacement detention in a regional detentIon
basin to local, or on-site mitigation. This report will form the basis for
negotiation that will result in a Development Agreement between the City
and the developer. Execution of the Development Agreement by the
developer and the City Manager or his designee will complete the
requirements for a Development Permit when replacement detention,
available In a regional detention basin, is elected. Existing small, local
detention ponds may be abandoned only if an acceptable plan for
replacement detention in a regional detention basin is submitted in
accordance with this ordinance, and a Development Agreement is
executed.
(2) Approval or denial of a Development Permit by the Administrator or his
designee will be based on the following factors:
a. Risk of flooding posed to existing devfllopment;
b. Access limitations to the proposed devtillopment in times of flooding,
.
including but not limited to requirements of the Emergency "Management
Director;
c. Risk of flood damage to the proposed project;
8
. JUL 07 2003 16: 27 FR CITY OF PEi=lRLi=lND
.'
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281 652 1702 TO 92818421868
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P.10
,
I
. -'
ORDINANCE NO. 811
d, Cost of services to the proposed development during and after flooding;
e. Availability,of alternatives to the proposed project;
f. Level of mitigation provided by the, proposed development.
SECTION 3-1:. VARIANCES
(1) The Building Board of AdJl:stment and Appeals as established by the,Clty
of Pearland shall hear and render Judgement on requests for variances from the
requirements of this Ordinance when there Is an alleged error In any reQuirement,
decision, or determination made by the Administrator in the enforcement or
administration of this Ordinance which contravenes the intent of the ordinance,
including but not limited to (a) unique site characteristics, (b) timing of proposed
development, or (c) conflicts with existing contracts.
ARTICLE 4
STANDARDS FOR PROJECT PROPOSALS TO AID FLOOD HAZARD REDUCTION
SECTION 4-A. STANDARDS
All project proposals under this Ordinance in the City of Pearl and shall meet the
following standards:
(1) '992 Cisar Creek Regional Flood Control Plan and the 1989 Hydraulic
Baseline Report by Oannenbaum Engineering, Ine., as revised from time
to time;
9
** TOTi=lL Pi=lGE.10 **
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Policies and Applications of Regional Cities
Friendswood
J u I. 7. 2003 1: 44 PM
CITY OF FRIENDSWOOD
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No.BBB4 p. 2
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City of Friendswood
Community Development
Memo
To: Sharon Harris
Fram: Ed Figueroa
cc:
Date: 717/2003
He:
Sharon,
I checked out our information and we do not have a specific ordinance on how muCh fill dirt is allowed.
We do have a Flood Zone Ordinance that works in conjunction with our Development permits. I'm
sending you a copy of both items. Please let me know if you have any questions.
Thanks,
Ed Figueroa
1
Jul. 7. 2003 1:44PM
CITY OF FRIENDSWOOD
No.BBB4
p. 3
e
e
C.ITY 011 FRlENUSWOOD - DEVELo.PMENT PERMIT
2. Address:
ApplicantlDfor.lDation: L Name.: _'_"_. . _'_._00__"'_'__00_,___
3. Contact Numbc:s:
-.-...---.-.--.-.--.-.-.-----.--.-..----.-
-. ---- - _^.._offiee --._.__.._...._celJlpagc_f
Work Site Information: 4. Add:re.~s:.
S. Subdivision:
-...-.-----.-..-.-..-.---. --"-"
---"-'-',
.-..--....--..-.--.--.
6. LegaJ description:
---.-..--..-..-....-..-..-...---.---..--
..-.--.-----...-------..-..
7. Describe in. detail the .in1pmvc:me.nrs to he made at the worle xite location. Ulle lldditiou.,l sheets ifnecesllary
..-.._-.._~_.__.-.-._.._.._-- '-"'--'---"'-
-.----.-.-....-.-.--.-...-..-...-.-.-..--.-
'--"'-----'--.
8,. Attach a site plan, drolWD to scale> showing .be locllliun> dimensions and e;lcvation uf proposed .landscape alterations>
existiJtg and proposed stl'llC1UI"es and the location ()ithe foregoing in relationsh,p kl 3reas of spec;nl.f1ond hllzard
9. Additionaliy> to following infurmatiun will bc attllched to thi~ applicnbon before it will be considcTCd.
a.. Elevation .iu relation. to Ihe mean sea level of the lowest .floor, including bflScmellt, of all proposed
Sln1Cturc.~ llDd eeni6ed by a registe:ed J3lId surveyor or registered prufi:.~sioZla.l cngi.ac:er.
b. Elevation in re!atioQ to mean sea. level to whieh an)' nou-rc~ide-..1tia.l SQ'Ucturc shall be flood proofed.
e. A .cel.1i6ca.te from a registered professiunal. engineer ur at'Chitcct that the .Qon-residential flood proofed
gZntctun;s shlll1 rne~( the tIood proofing crite.cia of Ordinance No. 87-10, Anicle 5. Section .8 (2)
d. Desc.-iption of tbe elCtcnt to which my W31crc(lutSe or na.tural drainage will be altered or rdoc::Ited lIS a
rc:su.lt of the proposed dcvclop.m~:t. .
c. Appro"al or denial ()fl>ermit will be based upon ite:as cnu.m.cr.ated in OrdioaDce No 87-io. Article 4,
Section C (2). '
J O. Call thc Engineering .Division, COlllmUDity'Development Dej)artmear when the improvcmenta arc complete for fizjaJ
inspection.
SigDlltute of Applicant:
- .
--_.._~-._-_.._-_..-
Date:
~'.--:""'--'_._... .-
Staff Comments andlor special. conditions to the issuance of this permit __., _ ____
.--------.------.-----~-----._---.------------.-,-----..------.-------.-----~~-------.-----.r______..________~._______,..___._______,_
------.-------.--..-.-.1_.__..-.-
--.-..----.--....-.--..-.----.-,....-.
Name & title:
----..--.-.--.---
Date:
---'-"-
Final Insnectiun:
J u I. 7. 2003 1: 44 PM
CITY OF FRIENDSWOOD
No.8884 p. 4
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DEVELOPMENT .PERMIT POLICY
. .
The City of Friendswood issueS devclopmc:nt pexm.its for a variety of reason!!. Most arc base upon requirem,ents
that ste:m from the .Flood Damage Prevention OrcUnaucc, The pUIpOlie of this policy is to, provide guidelines for
.requiring aud issuing of development permits.
A. Definiti~~~ For, the pwpose of interpreting the pn;visioDS ~these reuJes and :regulati.ons, the following
defi.nitions shall apply:
1. "De-vclopment" shall mean any matlmade change in improved or wlimprovcd real estate, including,
but Dot limited to buildings or other structure.'1, minin,g, drcdging, filling, grading, paving. excavation
or drilling operations.
2. "Flood or flooding" shall.mean a general or temporary condition of partialc.lr cl)mplel:c inudation of
normally dry bmd areas' from:
a. The ovcr.tlow of inland or tidal water.;; or
b. The unusual and rapid accumulation of runoff of SUlface waters from any source..
:;. "Floodp1ai:n,I).T :Oood prone area" shall mean any 1a.D.d arca susceptible to being inundated by water
from. any source (see defiII,itil',U of"flooding'j as generally denoted on the Flood .TilsUf"dncC Rate Map
(FJRM).
B. Guide~.~~Jor Developme1ltsJ~!:l!!~lc the lOO-year 1-1oodpJain. A development permit shall be required
for allY development activities not covered under any other city-issucd pcmtit (i.e. pool pt:rmin;; building
PLnnits, etc.). This includes the developmc,ut of lots or tracts within an established subdivision,
1. Subrn.jssioD.s shall include II. completed development permit application.
2. Submission.~ shall include a grading plan sb.uwing existing topographic infomiation and that incllldt:s
all proposed devcJopmcnt work.
3. Si.te pll1IlS sJJall be signed and sealed by a registL'TCd pnlfession~ eDgiDeer.
4. Devclopme:lt within an establilihed subdivision shall not alter the overland !lheet flow pattern of the
existing subdivision (i.e. the entire lot may not be rdist'.d. et.c.).
c. Ad~t!o:ua1 Guidelines_,for Developments within the I OO:Y~.!.fJQQ.dDlain, Development permits shall be
required for aU development within the .tOO~year floodplain. Pelmit submittals shall 'include all
requirements outlined in Section B above 3S well as the following additi(.lDllJ u,formation,:
L A m.iti&'illion plan identi.fying all cut and fill activitie!; occuning within tb.e 1 OO~year floodpJai.n.
2. All calculations nece.<;sary for documenting any mitigation within the :t1.oodplaiu.
3. All mitigation plans atld calculations shall be signed and sealed by a rr::gistcred professional c::ngint:t::r_
D. pev.e1oDment Wit~in the Flooawav. Tracts located within the floodway shall require a ''Uo-risen
certificate be submitted to and approved by the City ofFriendswood. A develop.ment pe:anit will be
required for any earthwork within the fJ,oodway, but will only be issued after the "no-rise" certificate has
been. approved.
~
Jul. 7. 2003 1:44PM
CITY OF FRIENDSWOOD
No.8884
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FLOODS
ARTICLE I. IN GENERAL
Sees. 34-1 - 34-25 Reserved
ARTICLE II. FLOOD DAMAGE PREVENTION
Sec. 34-26. Definitions.
The fonowing words, lerms and phrases, when used in this article, shall have Ihe meanings
ascribed to them in this section except Where the contelCt clearly indicates a differenl ineaning.
Appeal means a request for a review of the floodplain administrator's interpretation of any
provision of this article or a request for a variance.
Area of special good hazard is the land in the floodplain within a community subjecllo a one
percent or grealer chance of flooding in any given year The area may be designated as zone A on
the flood hazard boundary map (FHBM). After detailed rate making has been compleled in
preparation for publication of the flood insurance rate map (FIRM). zone A usually is refined inlo
zones A. AE, AH, AO A1-99, VO, V1-30 VE and/or V
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year
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
Development means any manmade change in improved and unimproved real esla!e, including,
but not limited to, buildings or other structures, mining, dredging" lilling grading, paving, excavation
or drilling operations
Elevated building means a nonbasement building buill. in the case of a building in zones A 1-30.
AE, A, A99, AO, AH, B, C, X and 0, 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 structural 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 adequately anchored so liS not 10 impair the
structural integrity of the building during a flood of up to the magnitude of the base flood. In the case
of zones A1-30. AE. A, A99, AO, AH, B, C, X and D, "elevat.ed building" also includes a building
elevated by means of fill or solid foundalion perimeter walls with openings sufficient to facilitate the
unimpeded movement of floodwaters. In tile case of zones V1.30, VE or V, Welevated buildingW 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(e)(5) of the National Flood Insurance Program regulations.
Existing construction means, for the purposes of determining rales, stru~ures for which the start of
construction commenced before the effective date of the FIRM or before January 1, 1975, for
FIRM's effective before that date. "Existing construction" may also be referred to as -existing
structures. -
FEMA means the Federal Emergency Management Agency
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
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(1) The overflow of inland or tidal waters; or
(2) The unusuat and rapid accumutation or runoff of surface waters from any source,
Flood hazarrJ boundaty map (FHBM) means an official map of a community on which the Federal
Emergency Management Agency has delineated the boundaries of the flood. mudslide (i.e.,
mudflow) and related erosion areas having special hazards and which have been designated as
zones A, M andlor E
Flood insurance rate map (FIRM) means an official map of the city, on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and Ihe risk
premium zones applicable to Ihe city
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
nOOding in order to reduce lhe eldent of the areas within a community sUbjeci to a .special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane Iidal barriers, dams, reservoirs, levees or dikes. These specialized nood-modifying works
are those constructed in conformance with sound engineering standards
Floodplain or flood prone area means any land area susceptible to being inundated by water from
any source (see the definition of "flooding")
Floodway (regulatory fIoodway) 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.
Levee means a manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain. control or divert the Ilow of water so as to
provide protection from temporary flooding
Levee system means a flood protoclion system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices
Lowest noor means the lowest floor of the lowest enclosed area, including basement. An
unfinished or f1ood-reslstant enclosure. usable solely for parking of vehicles, building access or
storage, in an area other than a basement area is not considered a building's lowest noor: provided,
that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirements of section 60.3 of the National Flood Insuranco Program
regulations .
Manufactured home means a structure transportable in one or more seclions, which Is built on a
permanent chassis, and is designed for use with or without a permanent bundation when
connected to the required utilities. For floodplain 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 parle trailers. travel trailers and other similar vehicles.
Mean sea level means, for purposes of the National FlOOd Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, or other datum to which base flood elevations shown on
a community's flood insurance rate map are referenced
New construction means, for floodplain man,gement purposes, structures for which the start of
construction com~enced on or after the effective date of a floodplain management regulation
adopted by a community
Start of construction (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act (PL 97-348)) includes substantial improve!"ent and means the date
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the building permit was issued, provided the actual start of construction. repair, reconstruction,
placement or other improvement was within 180 days of the permil date. The actual start means
eilher the first placement of permanent construction of a structure on a site. such as the pouring of
slabs or footings: the installation of piles, the construction of columns, or any work beyond the slage
of excavation, or the placemenl of a man'ufactured home on a foundation. Permanent conslruction
does not include land preparation, such as clearing, grading and IiIling; nor does it include the
inslallation of streets andlor walkways; nOr does it include excavation for basements, footings, piers
or foundations or the erection of temporary forms; nor does it include the instanation on the property
of accessory buildings, such as garages or sheds: not occupied as dwelling units or not part of the
main structure.
Strocture means a walled and roofed building, including a gas or liquid storage lank, Ihat is
principally aboveground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a slructure whereby the COsl of
restoring the structure to its before damage condition would equal or exceed 50 percent of the
market wlue of the structure before the damage OCCUlTed
Substantial improvement means any repair. reconstruction or improvement of a structure. the cost
of which equals or exceeds 50 percent of the market value of the structure either before Ihe
improvement or repair is started, or, if the structure has been damaged and is being restored,
before the damage occurred. For the purpose of this definition, .substantial improvementD is
considered 10 occur when the firsl alteration of any wall. ceiling, floor or other structural part of the
building commences, whether or not that atteralion affects the external dimensions of Ihe structure
The term does nol. however, include either any project for improvement of a structure to comply
with existing stale or local health, san,itary or safety code specifications which are solely necessary
to assure safe living conditions or any alteration of a structure listed on the National Register of
Historic Places or a state inventory of historic places
Variance means a grant of relief 10 a person from the requiremenlS of this article when specific
enforcement would result in unnecessary hardship. A variance, therefore, permits construction or
development in a manner otherwise prohibited by this article. (For full requirements, see section
60.6 of the National Flood Insurance Program regulations ,)
Violation means the failure of a slructure or other developmenllo be fully compliant with the
community's floodplain management regulations. A slructure or other developmenl without the
elevation certificate, other certifications or other evidence of compliance required In sections
60,3(b)(5), (c)(4), (c)(10) (12)(3), (e)(2), (e)(4) or (e)(5) of the National Flood Insuranoe Program
regulations is presumed to be in violation until such time as that documenlation is provided
Water surface elevation means the height, in relalion 10 the National Geodetic Vertical Dalum
(NGVD) of 1929 (or other dalum, where specified) of floods of various magnitudes and frequencies
in the floodplains of coaslal or riverine areas.
(Code 1974. ~ 4-25; Ord No. 99-30, ~ 1, 9-27.99)
..Cross-references: Definitions and rules of constnJctlon generally, ~ 1-2.
Sec. 34-27. Statutory authorization.
The legislature ofthe state has in V,T.C.A., Water Code i 16.311 at seq, , delegated the
responsibility to local governmental units to adopt regulations designed to minimize nood losses
Therefore. the cily council does ordain the provisions set out in tnis article to be its regulations
goveming flood damage prevention.
(Code 1974 i ~21)
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Sec. 34-28. Findings of fact.
The city finds that:
(1) The flood hazard areas of the city are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and govemmental
services, and extraordinary pUblic expenditures for fiood protection and relief. all of which adversely
affect the public health safely and general welfare.
(2) These ftood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood height~ and velocilies. and by the occupancy of flood hazard
areas by uses vulnerable to floods and ha~ardous to other lands because they are inadequately
elevated. flood proofed or otherwise protected from flood damage.
(Code 1974, S 4-22)
Sec. 34-29. Statement of purpose.
Ills the purpose of this article to promote the public heanh, safety and general welfare, and to
minimite public and private losses due to flood conditions in specific areas by provisions designed
to~
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood-control projects;
(3) Minimize the need for rescue and relief efforts associated with nooding and generally
undertaken at the expense of the general public:
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains.
electric, telephone and sewer lines streets and bridges located in floodplains'
(6) Help maintain a stable lalC base by providing for the sound use and development of
noodprone areas in such a manner as to minimize future flood blight areas; and
(7) Ensure that potential buyers are notified that property is in a flood area..
(Code 1974. ~ 4-23)
Sec. 34-30. Lands to which this article applies.
This article shall apply to all areas within the jurisdiction of the city
COde 1974, ~ 4-26: Ord. No 90-19 S 1, 9-20-90)
Sec. 34-31. Basis for establishing the areas of special flood hazard.
The areas of special nood hazard identified by the Federal Emergency Management Agency in a
scientific and engineering repo~ entitled, "The Flood Insurance Study for Friendswood. Texas,
Galveston and Harris Counties,- dated September 22,1999, with accompanying Flood Insurance
Rate Map and Flood Boundary-Ftoodway Maps (FIRM and FBFM) and any revisions thereto are
hereby adopled by reference and declared to be a part of this article .
(Code 1974 ~ 4-27; Ord No. 99-30, ~ 2, 9-27-99)
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Sec. 34-32. Compliance.
No structure or land shall be located, altered or have its use changed without full compliance with
the terms of this article and other applicable regulations
(Code 1974 i 4-28)
Sec. 34-33. Abrogation and greater restrictions.
This article is not intended to repeal. abrogate or impair any existing easements, covenants or
deed restrictions, However, where this article and another. ordinance or regulation conflict or
overlap. whichever imposes the more stringenl restrictions shall prevail
(Code 1974 i 4-29)
Sec. 34-34. Interpretation.
In the interprel8tion and application of this article, all provisions shall be considered as minimum
requirements, liberally construed In favor of the city council, and deemed neither to ~mit nor repeal
any other powers granted under state statutes
(Code 1974, ~ 4-30)
Sec. 34-35. Warning and disclaimer of liability.
The degree .of flood protection required by this article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions. greater
floods can and win occur, and flood heights may be increased by manmade or natural causes. This
article 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 article shall.not create liability on the
part of the city or any official or employee thereof for any flood damages that result from reliance on
thIs article or any administrative decision lawfully made ihereunder
(Code 1974 S 4-31)
Sec. 34-36. Penalty for violation of article.
Any person who shall violate any provision of this article shall. upon conviction, be punished
pursuant to section 1-14
(Ord. No. 90-19, S 3. 9-20-90)
Sec. 34.37. Floodplain administrator-Designation.
The city manager is hereby appointed the floodplain administrator to administer and implement the
provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance
Program regulations) pertaining to flOOdplain management.
(Code 1974 ~ 4-32)
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Sec. 34-38. Same-Duties and responsibilities.
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 Ihis article
(2) Review 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 article.
(4) Review permits for proposed development to assure that all necessary permits have
been obtained from those f~eral, state or local governmental agencies (including section
404 of the Federal Water Pollution Control Act amendments of 1972,33 USC 1334) from
which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of Ihe
areas of special flood hazards (for example. where there appears to be a conftict 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 state water commission. prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency
(7) Assure that the flood-carrying capacity within the 811ered or relocated portion of any
watercourse Is maintained.
(8) When base nood elevation data has not been provided in accordance with section
34-31, 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 division 2 of this article.
(Code 1974. ~ 4-33)
Sec. 34-39. Development permit..-Establishment.
A development permit shall be required to ensure conformance with the provisions of this article.
(Code 1974, ~ 4-34)
Sec. 34-40. Same-Procedures.
(a) Application for a development permit shall be presented 10 the floodplain administrator
on a form fumished by him and may include, but not be limited to, plans in duplicate, drawn to
scale, showing the location, dimensions and elevallon or proposed landseape alterations, existing
and propose~ structures. and the location of the foregoing in relation to areas of special nood
hazard. Additionally, the following information is required~
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(1) Elevation, in relation to mean sea level of the Iowesl floor, including basement., of all
new and substantially improved structures,
(2) Elevation in relation to mean sea level 10 which any nonresidential structure shall be
fIoodproofed
(3) A certificate from a registered profossional engineer or architect that the
nonresidential flood proofed strudure shall meet the f1oodprooflng crilerla of section 34-
58(2)
(4) Description of Ihe extent to which any walercourse or natural drainage will be altered
or relocated as a resull of proposed development
(S) Maintenance of a record of all such information in accordance with section 34-38(1)
(b) Approval or denial of a development permit by the floodplain administrator shall be
based on all of the provisions of this article and the follOWing relevant factors-
(1) The danger to life and property due 10 nODding or erosion damage,
(2) The susceptibilily of the proposed facility and its contents 10 nood damage and the
effect of such damage on the individual owner
(3) The danger that materials may be swept onlo other lands to the injury of others
(4) The co~patibility of the proposed use with existing and anticipated development.
(5) The safety of access to the property in times of flood for ordinary and emergency
vehicles.
(6) 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.
(7) The expcded heights, velocity. duralion, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site. .
(8) The necessity to the facility of a waterfront location where applicable.
(9) The availability of altemative locations,_ not subject to flooding or erosion damage, for
the proposed use.
(10) The relationship of the proposed use to the comprehensive plan for the area.
(Code '974, ~ 4-35)
Sec. 34-41. Variance procedures.
The fonawing shan regulate variances from the provisions of this article:
(1) The appeal board. as established by the city. shall hear and render judgment on
requests for variances from the requirements of this article.
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(2) The appeal board shall hear and render jUdgment on an appeal only when it is
alleged there is an ennr in any requirement, decision or determination made by the
floodplain administrator in the enforcement or administration of this article
(3) Any person 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 a state inventory of historic
places without regard to the procedures set forth in the remainder of this article
(6) Variances may be issued for new construction and substantial Improvements to be
erected on a lot of one-half acre or les6 in sjze contiguous to and surrounded by lots with
existing structures constructed below Ihe base flood level, provided the relevant factors in
6ection 34-40(b) have been fully considered, As t~e lot size increases beyond the one-half
acre the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted In this secllon and the intent of this article,
the appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this article,
(8) Variances shan not be issued witfin any designated noodway if any increase in flood
levels during the base flood discharge would result.
(9) Prerequisites for granting variances are as follows:
a, Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
Showing a good and sufficient cause;
2. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in
increased ftood heights, additional threats to public safely, or extraordinary public expense,
or create nuisances. cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
c, Any ~pplicanl to whom a variance is granted shall be given written notice that
the structure will be permitted 10 be built with the towest floor elevation below the base flOOd
elevation, and that the c:ost of flood insurance will be commensurate with Ihe increased risk
resulting from the reduced lowest floor elevation
(10) Variances 'may be issued by the city for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use; provided, that the criteria outlined in subsections (1) through (9) of this
section are met, and the structure or other development is protected by methods that
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minimize flood damages during Ihe base flood and create no additional threats to public
safety
(Code 1974.,94-36)
Sec. 34-42. Stormwater management.
(a) Prior to the issuance of any development permit. except for permits for developments in
areas wholly outside areBS of special flood hazards where it is determined by the city engineer
as uMeeessary due to the existence of sufficient available daia, the applicant shall submit a
hydrological analysis showing the impact and potential adverse effects of increased runoff
aUributable to such proposed development from a 100-year frequency storm on downstream
areas Drainage improvements shaD be required in accordance with the following:
(1) Where new developments do not aggravate downstream flooding problems.. they
shall not be requited to provide either onsite storage or offsite improvements.
(2) Where new developments may aggravale downstream flooding, the developer shall
compensate for the increased flood flows by providing downstream improvements which
provide capacity 10 handle the increased Dows
(3) Where downstream improvemenls may be so extensive as to be uneconomical for
Ihe proposed development or not be feasible because of right-Of-way or other limitations,
new developments may provide onsite slorage improvements sized and constructed as to
eliminate any adverse drainage impact downstream.
(4) If it is not feasible for new development to analyze all downstream conditions, such
new development may provide onsite storage of sufficient capaCity to limit the developed
peak discharge from the storage systems 10 that whiCh would have flowed from the
development in its natural undeveloped state. The stormwater runoff rate from a
developmenl after its completion shall not exceed the runoff rate for the land area prior to
its development as determined by the 100-year frequency storm, Drainage calculations
modeled to accomplish this purpose and Ihe inflow-outflow hydrographs supplied for the
area will be supplied with construction drawings and along with all other calculations fC?r
drainage.
The storage systems designed to accomplish this purpose shall not be closer to
any water-bearing strata Ihan one foot and shall have soil borings from a certified
laboratory to subslantiate this facl, and these results will be supplied with the design
engineer's stamp on them to the city engineer before co.nstruction can begin. The type and
geometrical shape of the storage system is independenl and left to Ihe design of the
develope"s engineer, but should include a cross section for now up to a fIVe-year frequency
storm and the second cross seeli'on should be for the storage of additional stormwater to
the 100-year interval The area used ~or this purpose is to be maintained by the developer.
(b) No development shall proceed unt" approval has been granled by the city engineer for
the plans, specifications and flood control moasures for such development as required under
this section.
(Ord, No. 90-19. 92. 9-20-90)
Sees_ 34-43-34-55. Reserved.
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DIVISION 2. J:LOOD HAZARD REDUCTION
Sec. 34-56. Methods of reducing flood losses.
In order to accomplish ils purposes Ihis article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in limes of
flood. or cause excessive increases in flood heights or velocities
(2) Require th$1 uses vulnerable to floods. including facilities which serve such uses. be
prolected against flood damage atlhe lime of initial construction
(3) Control the alteration of nalural noodplains, stream channels and natural protective
barriers which are involved in the accommodation of floodwaters
(4) Conlrol filling grading. dredging and olher development which may increase flood
damage
(5) Prevenl or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(Code 1974, ~ 4-24)
Sec. 34-57. General standards.
In all areas of special flood hazard 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 nolation, collapse or lateral movement of the slructure
resulting from hydrodynamic and hydrostatic loads, including the effects or buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage;
(3) All new construction or substanlial improvements shall be constructed with materials
resistant 10 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 andlor 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 floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminale infiltration of floodwaters into the system and discharge from the system into
'floodwalers: and
(7) Onsite waste disposal systems shall be located to avoid impairment 10 them or
contamination from them during nooding
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(Code 1974, fi 4-37)
Sec. 34-58_ Specific standards.
In all areas of special flood hazards wh~re base flood elevation data has been provided as set
forth in sectiDn 34-31 section 34-38(8) or section 34-61 (d) the following provisions are reQuired'
(1) Residential constrocfion. 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 professiona~ engineer, architect a land surveyor shall
submit a certification to the floodplain administrator that the standard of this subsection. as
proposed in article, is satisfied..
(2) Nonresidential construction. New constr.uction and substantial improvements of any
cDmmercial, industrial or other nonresidential structure shall either have the lowest noor,
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 slructure is
watertight with walls substantially impermeable to the passage of water and with structural
components having tlie capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. A registered prOfessional engineer or architect shall develop and/or
review the structural design, specifications and plans for the construction and shall certify
that the design and methods of construction are in accordance with accepted standards or
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 noodplOofed,
shall be maintained by the floodplain administrator.
(3) Manufactured homes:
a. All manufactured homes to be placed within zone A shall be installed using
methods and practices which minimize flood damage, For the purpose of this requirement,
manufactured homes must be elevated and anchored tD resist flotation, COllapse or lateral
movement. Methods of anchDring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement Is In addition ~ applicable state and local
anchoring requirements fDr resisting wind forces.
section
b. All manufaClured homes shall be in compliance with subsection (1) of this
(Code 1974.. ~ 4-38)
Sec. 34-59. Maintenance of onslte stormwater storage facilities.
(a) In each case where an on-site stormwater storage facility is provided pursuant 10 this
section, the developer shall furnish evidence of aCceptance for maintenance of such storage
facility to the Clear Creek Drainage District, having authority to perform such service. The
Clear Creek Drainage District will agree to assume such responsibility provided:
(1) The developer dedicates to the city and CCDD an easement over and aCtOss such
facility:
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(2) The developer dedicales an access easement to such facility to the city and CCDD;
and
(3) . The developer pays to the entity who is maintaining such facilities, whether city or
CeDD, the estimated cost of maintaining such storage facility for a period of ten years, as
stated on the fee schedule in the drainage criteria manual
(b) Provided further, if the on-site stormwater storage facility is designed to be a "dry"
facility and not an amenity or a private recreational facility. Amenity ponds shall be defined as
any pond whose land area has been deeded to the homeowners/landowners for the benefit of
the homeowners/landowners and are to be maintained by the HomeownerslLandowners
Association These ponds shall include "wet ponds" and ponds used for recreational
purposes.
(e) For t]le purposes of this section, a stormwater storage facility means a stormwater
storage facility serving primarily as a collection device and not as a transmission system, and
which is designed and constructed for the purpose of providing onsite detention for the benefit
of a muttiparcet development and not for a single lot or single pareat development.
(Ord No 91-7, fi 1,2-26-91: Ord No 98-36. ~ 1, 14-99)
Sec. 34-60. Special lowest floor elevation requirements.
(a) Notwithstanding any other provision contained in this article to the contrary, in zone AE,
lowest floor etevations of temperature-controlled areas shall be a minimum of 24 Inches above
the elevation given on the latest FEMA FIRM panel for the city, When buitding tocation falls
between etevations, the elevation may be interpolated to the nearest one-half foot. lowest
floor for areas not temperature-controlled shall be a minimum of six inches above the relevant
elevation.
(b) Notwithstanding any other provision contained in this article to the contrary, In zone AO,
lowest floor elevations of temperature-controlled areas shall be 36 inches higher than the
centerline of the road in curb and gutler streets, or the high bank of a roadside ditch on streets
with open ditch drainage. lowest floor of areas not temperature-controlled shall be a minimum
of 18 inches higher than the centerline of the road or ditch high bank. as the case may be_
(c) Notwithstanding any other provision contained In this article to the contrary. in lone X
shaded, lowest floor elevations of lemperature-controlled areas shall be a minimum of 24
inches higher than the adjacent natural grade. lowest floor of areas not temperature-
controlled shall be 8 minimum of six inches higher than the adjacent natural grade.
(d) Notwithstanding any other prOvision contained In this article to the contrary, In zone X
unshaded, lowest floor elevation shall be as follows:
(1) On curb and guller streels, the elevation shall be a minimum of 18 inches above the
top of curb or a minimum of 12 inches above the adjacent natural grade, whichever is
greCller,
(2) On streets with open ditches, slab elevations shall be a minimum of 18 Inches higher
than the center of the street or a minimum of 12 inches higher than the adjacent natural
grade. whichever is greater_
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(e) For the purposes of this section, the term "adjacent nalUral grade" means the natural
ground adjacent to the slab at its centerline paralleling the frDnt of the structure, Natural
ground is assumed to be the grDund surface existing prior to placement Df the building pad.
(f) Any person who shall violate any provision of this section shall be deemed guilty of a
misdemeanor and. upon conviction, shall be fined pursuant to section 1-14.
(Ord No 90-26 SS 1 2. 10-15-90)
Sec. 34-61. Standards for subdivision proposals.
(a) All subdivisiDn proposals, including manufactured home parks and subdivisions, shall
be consistent with sections 34-28. 34-29 and 34-56 of this article.
(b) All proposals for the development of subdivisions, including manufactured home parks
and sUbdivisions, shall meet the development permit requirements of section 34-39, section
34-40, and the provisions of this division
(c) Base fiood elevation data shall be generated for subdivision proposals and other
proposed development. including manufactured home parks and subdivisions, which is
greater than 50 lots or five acres, whichever is lesser, if not otherwise providcd pursuant to
section 34-31 or section 34-38(8) of this article
(d) An subdivision proposals, including manufactured home parks and subdivisions, shaH
have adequate drainagc provided to reduce exposure to flood hazards.
(e) All subdivision 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 nood damage.
(COde 1974, i 4-39)
Sec. 34-62. Floodways.
Property located within areas of special flood hazard as established in section 34-31, are areas
designated as f1oodways, The councillinds that f100dways are extremely hazardous areas due to
the velocity of flood waters which carry debris. potential projectiles and erosion potential, and the
foRowing provisions shall therefore apply to these areas in order to protect the pUblic health, safety,
and welfare and 10 protect private property:
(1) Encroachments into the noodway shall be prohibited. including fill, new construction,
substantial improvements and other development within the adopted regulatory f100dway unless it
has been demonstrated through hydrOlogic and hydraulic analyses performed in accordance with
standard engineering practices that the proposed encroachment would not result In any Increase in
flood levels within the communily during the occurrence of Ihe base flood discharge.
(2) Ifsubsection (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of sections 34-57
through 34-61 and other applicable regulations or the city or provisions of this chapter.
(3) Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood
Insurance Regulations a community may permit encroachments within the adopted regulatory
p. 17
Jul. 7. 2003 \:4BPM
CITY OF FRIENDSWOOD
No.BBB4 p. \B
e
e
noodway that would result In en increase in base nood elevations, provided that thE) community first
applies for 8 conditional FIRM and ftoodway revision through FEMA.
fOrd No, 99.30., ~ 3, ~27-99)
...
eEVELOPMENT PERMIT POLICye
The City of Friendswood issues development permits for a variety of reasons. Most are based upon
requirements that stem from the Flood Damage Prevention Ordinance. The purpose ofthis policy is to
provide guidelines for requiring and issuing of development permits.
A. Definitions. For the purpose of interpreting the provisions of these rules and
regulations, the following definitions shall apply:
1. "Development" shall mean any manmade change in improved or unimproved real estate,
including, but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations,
2. "Flood or flooding" shall mean a general or temporary condition of partial or complete
inundation of normally dry land areas from:
a. The overflow of inland or tidal waters; or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
3. "Floodplain or flood prone area" shall mean any land area susceptible to being inundated
by water from any source (see definition of "flooding") as generally denoted on the
Flood Insurance Rate Map (FIRM).
B. Guidelines for Developments Outside the lOa-year Floodplain. A development permit shall
be required for any development activities not covered under any (ther city-issued permit (i.e.
pool permits, building permits, etc.). This includes the development oflots or tracts within an
established subdivision.
1. Sub~sions shall include a completed development pennit application.
2. Submissions shall include a grading plan showing existing topographic information and
that includes all proposed development work.
3. Site plans shall be signed and sealed by a registered professional engineer.
4. Development within an established subdivision shall not alter the overland sheet flow
pattern of the existing subdivision (i.e. the entire lot may not be raised, etc).
c. Additional Guidelines for Developments within the I O~vear Floodplain. Development
permits shall be required for all development within the IOO-year floodplain. Permit
submittals shall include all requirements outlined in Section B above as well as the following
additional information:
1. A mitigation plan identifying all cut and fill activities occurring within the lOa-year
floodplain.
2. All calculations necessary for documenting any mitigation within the floodplain.
3. All mitigation plans and calculations shall be signed and sealed by a registered
professional engineer.
D. Development Within the Floodway. Tracts located within the floodway shall require a "no-
rise" certificate be submitted to and approved by the City of Friendswood. A development
permit will be required for any earthwork within the floodway, but will only be issued after
the "no-rise" certificate has been approved.
e
e
CITY OF FRIENDSWOOD - DEVELOPMENT PERMIT
1. Name:
2. Address:
3. Subdivision:
4. Telephone:
S. Legal description of property for which this permit is to be issued.
6. Describe in detail improvements to be made at the above location. Use additional sheets if necessary.
7. Attach a site plan drawn to scale showing the location, dimensions and elevation of proposed landscape alterations,
existing and proposed structures and the location of the foregoing in relationship to areas of special flood hazard.
8. Additionally, the following information will be attached to this application before it will be considered.
a. Elevation in relation to the mean sea level, ofthe lowest floor (including basement) of all proposed structures and
certified by a registered land surveyor or registered professional engineer,
b. Elevation in relation to mean sea level to which any non-residential structure shall be floodproofed.
c. A certificate from a registered professional engineer or architect that the non-residential floodproofed structure shall
meet the floodproofmg criteria of Ordinance No. 87-10, Article 5, section B (2),
d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of
proposed development.
e. Approval or denial of permit will be based upon items enumerated in Ordinance No. 87-10, article 4, Section C (2).
9. Call the Engineering Division, Community Development Department when the improvements are complete for fmal
inspection.
Signature of Applicant
Date
Staff comments and/or special conditions to the issuance of this permit
Name - Title
Date
Final Inspection by,
Date
e
Fill Dirt Permit Log
e
Number of Truckloads
o
40
40
40
40
40
o
o
.40
40
.0
o
o
'5-10
10
40
'40
40
40
40
I
'40
40
'40
.40
o
40
5
10
:40
,10
10
'20
40
30
40
40
10
40
20
40+
40+
.40+
50-75
4
40+
3-5
40+
40+
20
40+
10
iscellaneous Comments Acre,
1
'2
4
.2
2
2
1
1
2
1
o
o
1
'. .
TOP SOIL AROUND GARAGE AND FRON 0
2
3
LEVeL HOLES ir:.rVARD ADD DIRT AROU 0
-. . - - - . .-
1
1
'2.0
1
:1
5
:2
'1
:2
o
o
.1
.1
2
1
2
2
4
2
<1
2.9
50-75 LOADS REVIEWED BY OK
FROM F101 PROJECT
. ..
40 + LOADS TO RAISE ELEVAION OF PR 3.4
5.4
1.3
1
2.5
cial Conditions
s
Issue Date Project Address
9/16/1998 234 BAY COLONY DRIVE
. - .
10/5/1998 THOMAS E. & ELIZABETH RAWLS 11141 NORTH L STREET
10/5/1998 THOMAS E. & ELIZABETH RAWLS 11702 NORTH P STREET
..-. - .
10/20/1998 ROBERT MC GEE 10906 NORTH L STREET
10/20/1998 ROBERT MC GEE 10910 NORTH L STREET
.. ...- ...
10/27/1998KINNETH CHILDERS 10614 NORTH L STREET
..-' - . ..
1113(199~ :~7?3 H~.NT~RSFIELD LANE
11/9/1998 222 NORTH SIXTH STREET
".-- . -- . ..
10534 NORTH L STREET
2310 LOMAX DRIVE
2310 LOMAX DRIVE
-, . - .
401 SOUTH SEVENTH STREET
.- ... .-
3806 SAILFISH
11657 NORTH H STREET
11127 NORTH H STREET
10106 NORTH P STREET
__-4 - _ . _. ~ .
825 SOUTH SIXTH STREET
. - .- - . . .
10809 ELIZABETH LANE
-.. ". - ..- -
530 SOUTH SHADY LANE
11125 NORTH 0 STREET
. - . - .. -... . ._-
306 BAY COLONY DRIVE
. :3~2 'S<?YT~ SIXTEENTH S~REE
11618 NORTH L STREET
11622 NORTH L STREET
." ----- - - - - - .. -
,1514 MAIN
. '11'626 NORTH P STREET
0- _._ . _..
.3236 BERNARD STREET
-. . ..- . . - . .. .
'2212 SHIRLEY LANE
-.. .. . .- --
:802 SOUTH LOBIT
. ". . - - - - .
209 SOUTH EIGHTH STREET
- - -. . .
11692 NORTH H STREET
'1718 ROSCOE STREET
- --.. .- . . -..
11012 NORTH L STREET
.10836 NORTH L STREET
.11019 NORTH L STREET
1618 SENS ROAD
_. -00- . ...
217 SOUTH OHIO STREET
10929 NORTH P STREET
1801 SENS ROAD
530 SOUTH SHADY LANE
12015 NORTH L STREET
11008 NORTH L STREET
2400 SENS ROAD
2400 SENS ROAD
10836 NORTH L STREET
11821 PLAINBROOK STREET
11500 NORTH P STREET
2202 SENS ROAD
11008 NORTH L STREET
1400 SOUTH SIXTEENTH STRE
517 SOUTH SIXTEENTH STREE
11127 SKYVIEW LANE
505 SOUTH FIFTEENTH STREE
202 SOUTH FOURTEENTH STR
HT
1/6/1999
215/1999 CITY OF LA PORTE
218/1999 CLIFFORD TOM PLAIT
2/19/1999 SARA F. PERES
2/22/1999 DONALD R BOOTH
3/16/1999 KEVIN MC KINLEY
3/24/1999 PAUL R PERRY
4n/1999 BALDO NAVARRETTE JR.
. -.
4/12/1999H.J. SCHOTT JR
- .. .- .- .- .
4/26/1999 RE. WEATHERSBY
. . ... . - - . - --
4/27/1999 TIM DE WALT
.. . - ".
4/29/1999 CLIFFORD TUCKER
.. - ". . ...
_5/5/~9~~.~O~DEROSA PLASTICS
5n/1999 LUKE MOREAU
5/23/1999SAEKO & MIKE ARAVJO
. - . . .
7/14/1999MARGARETE. GREEN
. "'-.
8/211999 COY U. SPAWN JR.
- - - -.
8/5/1999 HORACIO DELEON
. -'. - . .
8/7/1999 STEPHEN CARMICHAEL
. . ".
8/12/1999 EULALlE ALLEN
8/13/1999 WARREN PORTENIER
. . . .-
9/211999 ROYCE G. HOLT
. ...
9/211999 JOE B. SMITH
9/11/1999 CHARLES H. CARTER SR.
.. . .
9/14/1999WILLlAM G. TINDOL
9/23/1999 CITY OF LA PORTE
9/24/1999 B. W.C. COMPANY
10/1311999 PAUL R. PERRY
10/20/1999 BUTCH FOREST
211/2000 RAYMOND G. CHERRY
7/10/2000 CHEM COAST
7/1312000 CHEM COAST
7/1312000ANGEL M. & ELVA AGUILAR
7/18/2000 ROBERT G. CARTER
~2~2oo0DONALDL.DAUGHERTY
7/27/2oo0CUNTON L. WATERS
8/212000 M1CHAEL MC JUNKIN
8n/2000 BELLE EXPLORATION INC.
8/1 012000 BRYAN MOORE JR.
8/15/2000 NATHAN W. & KIM R. BRETTING
8/31/2000 MISSISSIPPI LAND COMPANY
911/2000 CARLOS & SHARON MARTINEZ
e
Owner"s
11/9/1998 DARYL HENDERSON
11/24/1998SIDNEY GRANT
. . .
11/24/1998 SIDNEY GRANT
12/1I1998WAYNE F. WRIG
.\ ,"
- -
Permit "'0
98-00001582
98-00001653
98-00001654
99-00000145
199-000002Q5
99-00000223
~9-00000344
99-00000504
99-00000464
~9-00000487
99~00~o.0595
99-00000605
9-00000617
..
99-00000649
99-00000947
. . ... --. .
99-00001044
. . -
99-00001150
99-00001170
99-00000655
99-00001197
99-00001202
99-00001310
99-00001309
99-00001359
99-00001358
99-00001412
99-00001423
99-00001499
99-00001524
00-00000127
00-00001015
00-00001050
00-00001053
00-00001083
00-00001095
00-00001117
00-00001157
00-00001178
00-00001217
00-00001233
00-00001344
00-00001351
Number of Truckloads
10+
40
40
40
40
40+
???
?11
<40
NONE
'1+
5+
.10+
,40
40
,4
40
'40
40
:40
:40
200
40
.scellaneous Comments
cial Conditions
s
'1.7
40 LOADS OF WASHOUT TO YARD
. ...
.LEVEL EXISTING DIRT AND PROVIDE 0
. . .
FILL DIRT FOR 2 ACRES. NO TRUCKLO
'. .
2.0
LEVEL BACK SIDE OF PROPERTY FOR
- . ,
. ..... '. . . _ . h.'. . ..__
,WILL GET AROUND 200 LOADS FROM F
.- - - - -'--' . .-... -. . -. . .
200
!40
'40+
5000
'40
40
,.
:~O_
:40
I
40
:80
;80
:40
10-20
<40
4-6
40+
40+
40+
40+
,40+
,40+
40
40+
40
40
40+
40
100
40+
40
. -
TO PROV
UP TO 300 LOADS FROM F101
. . .. - _.. . . .
5000 LOADS OF DIRT AS APPROVED BY
.. - . - .. . -. .
.. .
40+ TO RAISE ELEVATION TO PROPERL
40+ LOADS PER CARLOS
40+ APPROVED BY CARLOS MARTINEZ
40+ LOADS TO ELEVATE PROPERTY
RENEWAL OF 40+ LOADS PAST PERMIT
40+ LOADS PER CARLOS M.
. .
40+ TRUCK LOADS TO FILL 2' HIGH
7 TRUCK LOADS OF DIRT FROM F-101
DIRT FROM DITCH BEING DUG 40 LOAD
40+ LOADS OF DIRT
UP TO 40 LOADS TO LEVEL UP PROPER
DIRT TO FILL PROPERTY - ABOUT 100 L
40+ LOADS OF DIRT TO LEVEL THE LOT
Issue Date Owner's Project Address
9/11/2000 DONNAS COOPER 3222 RIDGEFIELD ROAD
10/10/2000 EDMOND A. CONNALLY TRUSTE 301 WEST BARBOURS CUT BO
. .- - .
11nl2000DONNAS COOPER 11704 EAST PLAINBROOK DR
11114/2000 LOUISIANA CHEMICAL EQUIPME 11100 HIGHWAY 225
12/1I2oo0NARSIINC. 201 WEST BARBOURS CUT BO
-- . . - - .
1/1512001 DONALD L. DAUGHERTY 11500 NORTH P STREET
. '. .. ..".. . . ..
2/8/2001 LARRY ADAMS 11810 NORTH H STREET
. .
2/1912001 OTIS O. & ZELDA A. WRIGHT 9818 NORTH H STREET
. . . - ~ . . . .
2/21/2001 WILLIAM R. JETT JR. :105 HOWALD STREET
3/9/2001 WILLIAM R. & ALICE JETT JR. '204 SYLVAN STREET
3/1512001 LARRY A. & NINA DIENER 540 NORTH BAYSHORE DRIVE
4112/2001.WALTER A. & MARIA L. MOSES 11226 NORTH H STREET
. .. . .
4/24/2001 BILLY J. STOVER 1921 LAURA LANE
. .
4/2612001.NARSIINC. 201 WEST BARBOURS CUT BO
. . . . .
5/3/2001 ROYCE G. HOLT 10906 NORTH L STREET
5/14/2001 DEBRA R. TAYLOR :1612 UNDERWOOD ~OAD
7/5/2001 DONALD L. DAUGHERTY :11500 NORTH P STREET
. .. - - -.....-
811/2001 ROMA C. CASTEEL 202 NORTH UTAH STREET
. --.. ..
8/2/2001 ROMA C. CASTEEL 202 NORTH UTAH STREET
--- .. - - ..
8/15/2001 PAT & DEBBIE MANESS 9950 NORTH H STREET
. .. .. -.. - - . . _.
8/16/2001 CAREY R. BERAN '1418 LEMON LANE
. ..' . . . .. '. - . - - __ ___.. ..... 0"'
911912001 PHILIP B. & CYNTHIA COLL1NS :11035 NORTH H STREET
. . - . ...- -- - ... .. .
9/2112001 WILLIAM G. SCHUPSKA SR. '2307 LOMAX DRIVE
- .. . --
9/2112001 CHARLES H. CARTER SR. 1700 SENS ROAD
- - - - .. _. .. - - ...- . - .-.. - - ----.
9/2612001 WILLIAM A. SCOTT JR. 1802 LOMAX SCHOOL ROAD
. '. .. - . - .
9/27/2001 LIFE COMMUNITY CHURCH 9529 WEST FAIRMONT PARKW
- - . . '... '..
101212001.JOINT VENTURE PIPING INC. 2221 SENS ROAD
0".. . _ .. . ".
10/17/2001 JOINT VENTURE PIPING INC. '2221 SENS ROAD
. . " - - - ...- . - -.- . - -. ... - . ..
10/22/2001 MICHAEL MC JUNKIN '11008 NORTH L STREET
. -. - - __ __ _ h. _ .. . .
10/29/2001 JACK HOWARD 1419 LOMAX SCHOOL ROAD
. -.... . - .-. -, '" -.
10/29/2001 DARWIN MARSHALL 10730 NORTH L STREET
.' '.
1 0/30/2001 IVY JOSEPH LANDRY JR. : 11705 EAST PLAINBROOK ROA
- . - - -
10/31/2001 ROYCE G, HOLT 10906 NORTH L STREET
-. - .. .. .. - . .
111112001 C. WADE & DEBBIE BAKER 10955 NORTH H STREET
M _. . ~ .
11/112001 C. WADE & DEBBIE BAKER 11001 NORTH H STREET
. . " ."
1119/2001 MARK ELLIS 11717 EAST FIELDCREST DRIV
1/4/2002 SCOTT DUVALL 11717 NORTH L STREET
". - - "
1/4/2002 RICHARD MARTINEZ 11800 FIELDCREST DRIVE
. .
1/1112002 MAUREEN L. BROCK :912 OAK GROVE DRIVE
111612002 GRACE BAPTIST CHURCH 11141 NORTH L STREET
1/1612002 LEROY & ALOISIA JONES 11714 NORTH P STREET
1/16/2002 THOMAS E. & ELIZABETH RAWLS 11702 NORTH P STREET
1/3112002 BAYSHORE BAPTIST CHURCH 11121 NORTH 0 STREET
2/1/2002 DONALD L DAUGHERTY 11500 NORTH P STREET
2/4/2002 FRANCES A MARSALIS .11764 SUNSET RIDGE DRIVE
. .
2/13/2002 SHERRY F. PARKER 1006 ROBINSON ROAD
2/1512002 JESUS M & MARIA 0 CANTU 11206 PLAINBROOK ROAD
2/1812002 JOSE E. &ARACELI REYNA 11034 HOUSTON DRIVE
2/20/2002 E. R. YBARRA 11604 NORTH P STREET
. .
2/20/2002 ERNESTO & CONNIE M GOMEZ 11623 PLAINBROOK ST
2/25/2002 JAMES & ELIZABETH STINNETT 320 BA TTLEVIEW LANE
2/2512002 TRAVIS DELBERT WALKER 11438 NORTH P STREET
3/4/2002 JUAN A. & CLAUDIA N. FLORES 11210 PLAINBROOK ROAD
3/11/2002 BUTCH FOREST 12015 NORTH L STREET
e
,MAXIMUM 40 LOADS
. _ .. n ..
,
Permit No
00-'00001387
00-00001524
00-00001665
00-00001696
00-00001775
01-00000073
01-00000162
01-00000196
01-00000207
01-00000288
01-00000317
01-00000470
01-00000533
01-00000551
01-00000587
01-00000653
01-00000935
01-00001110
01-00001125
01-00001227
01-00001?28.
P1-0000141~
,01-00001429
p1-000014~6
01-00001449
101-00001458
. ,
10-.20 LOADS (LESS T~AN 40),
'LESS THAN 40 LOADS
;-
- . - - -.
LOT MUST BE GRADED SO DRAINAGE GOES FROM BACK TO FRO
. . " .
101-00001471
,01-00001579
~1-~0001594
p1-00001623
101-00001624
1-00001638
1-00001636
1-00001647
1-00001646
1-00001701
2-00000021
02-00000022
2-00000130
02-00000140
02-00000145
02-00000177
02-00000194
2-00000204
2-00000211
2-00000220
02-00000241
02-00000240
02-00000274
02-00000283
Number of Truckloads
6
??
24
40
??
40
2
40
40+
40
'40+
40+
'40
40
'40+
~40+
40+
40+
40+
:40+
:40+
'40+
40+
,40+
40
,40...
'40
'240
,40
40
,30
N/A
40
5
40
40
40
'40
40
40
1400
40
30
40
40
40
40
25
40
40
40
40
40
40
Issue Date Owner's Project Address
3122/2002SUZAN G. RECTO 330 BAYSIDE DRIVE
312212002SUZAN G. RECTOR 3141 SOUTH BROADWAY
. . - .
3/2812002 DOUGLAS E. & BILLIE J. JOHNSO :422 SOUTH LOBIT
. - .. .
4/9/2002 LIFE COMMUNITY CHURCH 9529 WEST FAIRMONT PARKW
, . '
419/2002 VERONICA & JORGE OLIVARES 11721 FIELDCREST DRIVE
4/24/2002 SHELLY R. & JERRY GREENWOO '10805 NORTH P STREET
4/2612002,DICI MILLER & RONALD WYATT S,740 SOUTH LOBIT ,.-
5/212002ANGEL M. & ELVA AGUILAR 10836 NORTH L STREET
- . - -- . - -
5/3/2002 ROBERT M. & VELMA MCGEE 10906 NORTH L STREET
.. . . ..
5/3/2002 BRYAN & ESTELLE C. BERTRAM 12030 NORTH L STREET
5/6/2002 LAWRENCE A. MAYNARD 11403 NORTH L STREET
5/6/2002 WARREN R. PORTENIER 11012 NORTH L STREET
. .... ....". -
5/6/2002 SIDNEY A. GRANT 1907 LOMAX DRIVE
. ,
5110/2002 KEVIN A. & TRACY L. MCKINLEY 10809 ELIZABETH LANE
. . . '.-.
511012002 MICHAEL MC JUNKIN 11008 NORTH L STREET
. - ".
5/13/2002 EDWARD J. VAN METER '2011 LOMAX DRIVE
5I1412002W, A. NORTHAM JR. ,11612 NORTH P STREET
. _ 1 . . .. _
511512002 JAMES M. KEER 10812 NORTH L STREET
~. . .
5/2012002 GEORGIA LAMBERT 11003 NORTH H STREET
512012002 JIMMY H. COATS 11022 NORTH H STREET
- . . . . . . .
5/20/2002 ROBERT QUINN 11011 NORTH H STREET
. - . .. . ". . .~--.. .. -, . - - . - -..
5~~312~0~,S~D~EY A. .&,~RUE T. G,~NT ,,11306 NO~TH L ST~E~T
6/1912002 DOUG HUTCHINS '11501 NORTH P STREET
- - --- ..-. .. - .
6/1912002 MARIO & MARIA MARRERO 11439 NORTH P STREET
_ H . _ _ . _ _ _ '. _ .
7/9/2002 TERESA WEBER ;10735 NORTH H STREET
.. . - - .. . -.
7/1012002 RACHEL J. DAILEY 11721 SUNSET RIDGE DRIVE
7/26/2002 HOOVER COCHRAN 2353 BUCHANAN
- . . - - . - . ." '_'. . . - - .0
8/5/2002 REGENCY INN SANDESTIN INC. 902 STATE HIGHWAY 146 SOU
. . . - - -". - -
9/4/2002 SIDNEY GRANT :1907 LOMAX DRIVE
9/~i20~~WILLlAM & MARY GADI?IS :10283 NORTH H STREET' '."'~POKE.',I\II O~N~~-~N ~/6!02:
9/5/2002 CAREY R. BERAN 1418 LEMON LANE
. -. - - .- . - -. . . -. . . . . ..
9/9/2002 ROGER E. MANSFIELD 10107 NORTH L STREET NO MORE DIRT TO BE BROUGHT IN.
. . . ... - . - . - .".. ... . ~ _.. - .. . _.0' .
9/9/2002 WALTER A. MOSES 11226 NORTH H STREET
0"' . .
9/1112002 JAMES W. & PATRICIA D. WASHB 12013 NORTH L STREET
. . - . _0 .,..
9/1212002 SIDNEY A, GRANT 1907 LOMAX DRIVE
-. - - .
9/1212002 SIDNEY A. GRANT 1907 LOMAX DRIVE
.. .
1012/2002 FIRST ASSEMBLY OF GOD CHUR 316 EAST FAIRMONT PARKWA '
. .
10/1012002 NEW LIFE CHRISTIAN FELLOWS 2104 UNDERWOOD ROAD
10/16/2002D.M. MOSTEIT1224 BROWNING LANE
. .
10/17/2002ST MARY'S CATHOLIC CHURCH 816 PARK STREET
10/18/2002 DONNA RHEA TACY 10427 NORTH L STREET MUST NOT DRAIN ONTO ADJACENT PROPERTY MIN. 0
, .
10/2212002BAYSHORE BAPTIST CHURCH 821 SAN JACINTO STREET
. - "
10/29/2002 Richard L. Norris 2151 Underwood Rd. Grade lot to ensure no on-site runoff reaches neighbors.
11/5/2002 SIDNEY A. GRANT 1907 LOMAX DR. SWALES TO BE MIN 0,2% SLOP~, NUN 6" DEEP
11/512002 SIDNEY A. GRANT 1907 LOMAX DR. SWALES TO,B!= MIN 0.2% SLOPE, MIN 6" DEEP
11/5/2002 SIDNEY A. GRANT 19~7 LOMAX DR. SWALES TO BE MI~ 6" DEEP, MIN 0.2% SLOPE
11/5/2002 SIDNEY A. GRANT 1907 LOMAX DR. SWALES TO BE MIN 0.2% SLOPE, MIN 6" DEEP
11/6/2002 NATHAN BROWN CRAWFORD 9822 N H ST ,
. - . . j
11/11/2002ALAN BONDS 9818 NORTH H ST SWALES SHALL BE MIN 0.5 FT DEEP WITH MIN 0.2% SLOPE
11/18/2002JACK HOWARD 1419 LOMAX SCHOOL ROAD
11118/2002 JACK HOWARD 1419 LOMAX SCHOOL ROAD
11118/2002JACK HOWARD 1419 LOMAX SCHOOL ROAD
11118/2002WILLlAM A SCOTT 1802 LOMAX SCHOOL ROAD ENSURE SWALES ARE MIN 0.5 FT DEEP, MIN SLOPE OF 0.2%
11/21/2002 FIRST ASSEMBLY OF GOD 316 EAST FAIRMONT PARKWA CROWN PROPERTY TO SPLIT RUNOFF FLOW TO FAIRMONT AND
iscellaneous Comments
FOR LANDSCAPING NEEDS
FOR LANDSCAPING NEEDS
24 LOADS SELECT FILL TO LEVEL PROP
UPDATE EXPIRED PERMIT
CONSTRUCT BLDG. PAD FOR HOME.
FILL EROSION AREAS APPROX. 2 LOAD
, ,
ADD 40+ LOADS TO ELEVATE PROPERT
, ,
DUMPING DIRT FROM CITY EASEMENT
- . . ,
RAISE LAND TO HEIGHT OF NEIGHBOR
40 LOADS MAXIMUM ONLY FOR LOTS 1,
, .
40+ lOADS OF FILL DIRT
. - . -.. .-. . . --
40+ LOADS DIRT
. ",
,FILL DIRT DELIVERED = 40 PLUS UP TO
,
DIRT FROM FLOOD CONTROL PROJECT
.. - ... .' .
r.'. _.. - . .-. .
.. -. .. . - ~ .
. . .- . -.. . ....
'5.3
5.3
, "
UP TO 40 LOADS OF FILL DIRT 2.5
, - . ..'
:.53
1.9
... .... . . . ~ -. . ..
'MAXIMUM 40 LOADS OF FILL DIRT FOR
.. . , , ..
ecial Conditions
s
e
. .. .. - .. .. . 4 4
FILL DIRT - MAXIMUM 30 lOADS - HOUSO.5
- . . .. . _.. - - . ... . ~ .
POSTED "DO NOT DUMP" PE DIRT ON PROPERTY W/O PERMISSION. :1.9
4 .._... '.._ . _ . . .. ..
UP TO 40 LOADS TO RAISE GROUND A 1.0
.. .. . . -. . ...
,NO ELEVATION CHANGE. OWNER TO F 2
:RAISE PROPERTY 1Fl:' LOT 32 ONLY -
. - . ..
RAISE LOT 1 FT - FOR LOT 14 ONLY
" , ,
MAXIMUM 40 LOADS FILL DIRT
. .. - .-
'LEVEL PROPERTY WITH FILL DIRT.
TO LEVEL OFF LOW AREAS. WILL NOT
1400 LOADS PER DK, RAISE LAND l' OV 10
UP TO 40 TRUCKLOADS
Maximum of 30 loads to be hauled on-site. 0.9
MAX NO. OF TRUCKLOADS TO BE 40 LO 0.5
MAX NO, OF TRUCKLOADS TO BE 40 LO ,0.5
MAX OF 40 LOADS. LOTS TO BE GRAD 0.5
MAX NO. OF TRUCKlOADS TO BE 40 LO 0.5
ENSURE NO RUNOFF TO NEIGHBORS L 2.5
MAX 40 LOADS OF FILL DIRT. 2
MAXIMUM OF 40 LOADS OF FILL DIRT - 10
MAXIMUM OF 40 LOADS OF FILL DIRT - 10
ENSURE NO RUNOFF TO NEIGHBORS P 10
MAXIMUM 40 LOADS OF FILL DIRT 2
MAX OF 40 LOADS 4
4
9
MA
.. .. - .. ... - .....
WILL GRADE AS DISCUSSED ON PH
. ._.. .. .- -- - ..
MIN.
0.5'
---
)emlit 1110
a: !~OC 00:~98
02-00000397
02-00000426
02-00000472
02-00000485
02-00000584
02-00000608
02-00000641
02-00000647
02-00000642
02-00000664
..
02-00000657
02-00000652
02-00000690
02-00000698
02-00000699
02-00000714
02-00000706
02-00000742
02-00000741
02-00000743
02-00000754
02-00000927
02-00000928
02-00001036
02-00001069
02-00001152
02-00001207
02-00001324
" ,
02-00001238
" .
02-00001329
02-00001344
02-00001345
... .
102-00001357
2-00001362
2-00001361
02-00001407
2-00001445
2-00001468
2-00001471
2-00001473
02-00001486
02-00001512
02-00001533
02-00001529
, .
02-00001528
02-00001530
02-00001550
102-00001565
102-00001596
102-00001595
~2-00001594
:02-00001598
02-00001629
Number of Truckloads
20
40
40
40
40
250
250
18
'40
,40
40
40
30
30
40
300
:40
200
9760
6
"'" .
,6
40
40
40
40
40
40
,40
:40
'40
:40
'8
40
40
433
40
40
250
'450
500
300
40
40
10
40
40
500
40
.700
105
60
35
40
650
Special COnditions iscellaneous Comments Ac
CONSTRUCT SWALES TO ENSURE TO RUNOFF TO ADJACENT PR MAXIMUM OF 20 LOADS OF FILL DIRT 2.4
CONSTRUCT SWALES TO ENSURE TO RUNOFF TO ADJACENT PR MAXIMUM OF 40 LOADS OF FILL DIRT 2.4
CONSTRUCT SWALES TO 'ENSU'RE To" RUNOFF TO ADJACENT PR MAXIMUM OF 40 LOADS OF FILL DIRT 2.4
. , ,
CONSTRUCT SWALES TO ENSURE NO 1.5
CROWN LAND TO ENSURE NO RUNOFF TO NEIGHBOR'S PROPERT MAXIMUM OF 40 LOADS ALLOWED. 4.8
MAX 250 LOADS PER MARTINEZ ISSUE OF PERMIT. REISSUE OF PERMIT NO 01-00001449. 5
MAX 250 LOADS PER MARTINEZ 'ISSUE OF PERMIT. REISSUE OF PERMIT NO 01-00001449. 5
ENSURE NO RUNOFF TC? NEI~HBORS ,FILL TO ATTAIN 15 FT ELE,!ATJON ON R ,0.1
CONSTRUCT SWALES TO ENSURE NO RUNOFF TO NEIGHBORS BRING IN FIELD DIRT TO ELEVATE PRO '5
. . . .. .
CONSTRUCT SWALES ALONG PROPERTY LINES TO ENSURE NO R BRING IN FIELD DIRT TO ELEVATE PRO '5
, ,
CONSTRUCT SWALES ALONG PROPERTY LINES TO ENSURE NO R BRING IN FIELD DIRT TO ELEVATE PRO 5
CONSTRUCT SWALES TO ENSURE NO RUNOFF TO NEIGHBORS BRING IN FIELD DIRT TO 'ELEVATE PRO' 5-
- -. . .
ENSURE NO RUNOFF FLOWS TO WEST AND SOUTH 30 LOADS MAXIMUM ,3.0
.. -'.
I FILLING IN SWIMMING POOL 0.5
ENSURE NO RUNOFF TO NEIGHBOR'S L 3.5
,CONSTRUCT SWALE ALONG SOUTHER 'cj.7
'GRADE LAND.Io..ENSURE NO RUNOFF:rO ADJ~CENT PROPERTY, .f;LEVATING PROPOSED HOUSE PAD :2.5
CONSTRUCT SWALES ALONG PROPERTY LINES TO ENSURE NO R BUILDING RAMP FOR TRAINING HORSE i5.0
. . -. . ~ .
FILLING SITE FOR FUTURE DEVELOPMENT GRADE LAND TO ENSURE NO RUNOFF .38
. . ,. - . . . .- .".
GRADE LAND TO ENSURE NO RUNOFF TO NEIGHBORS FILLING IN LOW SPOTS 0.2
. .t .. . . .. - . ~. - -
'GRADE LAND TO ENSURE NO RUNOFF TO NEIGHBORS FILLING IN LOW SPOTS :0.5
~.- - . -- . . .... . - -.-. - - .. . , - .- --
E~SURE NO RUNOFF FRC?M PR~J~CT SITE ENTERS ADJACENT P~ISING GRADE OF ~ND " . _ ~~..2
CONSTRUCT SWALES TO DRAIN LAND 8
GRADE LAND TO DRAIN TO SWALE ;'FILL DIRT FOR BUILDING Up' PASTURE' i6
, ... . , ,- -.. . . - :1 ".. .... . ,-- ," --
CONSTRUCT SWALES ALONG PROPERTY LINES TO ENSURE NO R BLANKET LIFT OF LOT 2.1
. . o. . _ .
ENSURE NO RUNOFF TO NEIGHBORS LAND THROUGH USE OF SW LIFT OF LOT 5
'GRADE LAN"O TO DRAIN TO PROPOSED 5WALE ." -. 'F'ILL DIRT FOR l.OW'SPOTS ' ;7 '
GRADE LAND .SO THAT NO WATER RUNOFF REAC~ES N~I~HBOR' FILL DIRT - COMPACT & SPReAD' :10
,GRADE LAND TO ENSURE RUNOFF FLOWS TO SWALES RAISING GRADE - FILLING IN LOW ARE '2,8
..' .. .... .; -- ..,. ... ,
GRADE LAND TO ORlAN TO PROPOSED SWALES 'ELEVATING LOW AREAS IN LOT 1.7
. . ~ .." -' . . . . . . .' . ~ . . . .- . .._.
..~RA~E LOT TO D~IN TO PROf)O~ED SWALES. ENSURE N9 ~UN .FILL TO ELEVA TE ~ROPERTY SIX INCH 2 ..
GRADE FILL TO DRAIN TO CARLOW. ENSURE NO RUNOFF TO NEI FILL DIRT 0.2
.. .. .w.. . _ . . . _
GRADE LAND TO DRAIN TO PROPOSED SWALE FILLING IN LOW SPOTS 7
. ." . . . . . . o. _ .,
,GRADE LAND TO DRAIN TOWARDS N H ST. RUNOFF SHOULD NOT FILL IN LOW SPOTS .1
. ....
GRADE LAND TO DRAIN TO SWALES AND F101-00-00 FILL DIRT PLACEMENT 3.3
GRADE LAND TO DRAIN TO PROPOSED SWALES ... 7
. . '
GRADE LAND TO DRAIN TO THE PROPOSED SWALES RAISING GRADE OF PROPERTY .2
. ".
GRADE LAND TO DRAIN TO THE SWALE TO THE WEST RASING THE GRADE OF THE LAND 2.9
. .. .
GRADE LAND TO DRAIN TO PROPOSED SWALES RAISING REAR OF LAND 5
G~DE LAND TO DRAIN TO PRopbsED SWALES: ENSURE NO RU ,2.5
GRADE LAND TO DRAIN TO SWALE TO THE WEST RAISING GRADE OF LAND 3.5
GRADE LAND TO DRAIN TO EAST AND WEST DITCHES FILLING IN LOW SPOTS 3
GRADE LAND TO DRAIN TO PROPOSED SWALES RASING GRADE OF LAND 3
.,
FILL TO BE SLOPED TO EAST TO SWALE SPRED FILL TO BUILD UP HORSE STALL 0.8
GRADE ALL FILL TO DRAIN TOWARD SWALE ON SOUTH SIDE OF L DIRT TO BE USED TO FILL PASTURE '3,3
GRADE LAND TO DRAIN TO F212-00-QO BERM UP NORTH AND EAST SIDES OF 1.4
GRADE LAND TO DRAIN TO PROPOSED PROPERTY LINE SWALES 5.7
GRADE FILL AREA TO DRAIN TO POND. REGRADE SWALE TO ORA 5.5
OWNER IS RESPONSIBLE FOR ENSURING NO ADVERSE IMPACTS COMPLETION OF PERMIT NUMBER 02-0 7
GRADE LOTS TO DRAIN TOWARDlpROPOSED SWALES RAISING GRADE OF LOTS 8
GRADE LAND TO DRAIN TO F212-00.00 BERN UP NORTH & EAST SIDES OF LAN 1.4
GRADE LAND TO DRAIN TO PROPOSED SWALES. FILL ALL OVER PROPERTY 2
RAISE LOW SPOTS TO ELEVATION OF SURROUNDING NATURAL G 5
GRADE LAND TO DRAIN TO PROP'oSED SWALES ON EAST AND W RAISE AND CROWN 3 ACRES ADD SWA 5
Project Address
10277 N H STREET
10277 N H STREET
10277 N H STREET
'10700 NORTH H STREET
10839 NORTH L STREET
1802 LOMAX SCHOOL ROAD
1702 LOMAX SCHOOL ROAD
301 SOUTH LOBIT
11001 NORTH H STREET
10955 NORTH H STREET
., ,
10955 NORTH H STREET
11001 NORTH H STREET
8902 SPENCER HIGHWAY
.2220 LOMAX SCHOOL ROAD
10820 NORTH L STREET
2904 NORTH 23RD STREET
:10703 NORTH H STREET
. . - .'
;10.109 NORTH H ST~EET
2217 SENS ROAD
9610 MONTGOMERY LANE
:3229 RIDGEFIELD ROAD
:1615 EAST B STREET
11223 NORTH P STREET
. -- . --.-. - ..
1419 LOMAX SCHOOL ROAD
, , ,
'10822 NORTH P STREET
11204 NORTHP STREET
- ,
:1.~1~ L~MAX SCt:iOOL ROAD
2104 UNDERWOOD ROAD
. - -. .
10735 NORTH L STREET
. . - ...
2203 LOMAX DRIVE
10818 NORTH P STREET
9636 CARLOW
1419 LOMAX SCHOOL ROAD
10924 NORTH H STREET
11427 NORTH P STREET
1416 LOMAX SCHOOL ROAD
9806 NORTH H STREET
11003 NORTH H STREET
10955 NORTH H STREET
10650 NORTH L STREET
11011 NORTH H STREET
1110 ROBINSON ROAD
1120 ROBINSON ROAD
10932 NORTH H STREET
1100 ROBINSON ROAD
202 NORTH UTAH STREET
10424 NORTH H STREET
11714 NORTH P STREET
11306 NORTH L STREET
1907 LOMAX DRIVE
202 NORTH UTAH STREET
12030 NORTH L STREET
9823 NORTH P STREET
11035 NORTH H STREET
Issue Date Owner's!
11/21/2002 RUSSELL WAYNE ITH
11/21/2002 RUSSELL WAYNE SMITH
11/2112002 RUSSELL WAYNE SMITH
11/2212002 BO KANNARR
1112212002AARON & DANA FAGLER
11/2212002WILLlAM & BELINDA KAY SCOTT
11/2212002WILLlAM & BELINDA KAY SCOTT
11/25/2002 GLEN TRAHAN
11/26/2002 C. WADE BAKER
11/26/2002 C. WADE BAKER
11/26/2002 C. WADE BAKER
11/26/2002 C, WADE BAKER
11/26/2002 JACKSON HOOPER
121212002JAMES W. LILES
12/9/2002 RANDY & JUDITH PEAKE
- - - -
1211212002 MIKE SWEENEY
12113/2002 MELTON WOLTERS
. ._.n._
12118/2002 CHARLES F. HOUSEHOLDER
12118/2002SENS ROAD PROPERTIES
12123/2002 AURELIO GARCIA
. . - .-
12123/2002AURELlO GARCIA
. . . - _. .
1/3/2003 MIKE HENLY
- . - .....
1/3/2003 KENNETH WARREN
-- - .
1n/2003 JACK A. HOWARD
1n/2003 DAVID GARZA
, - ,
1/8/2003 KENNY HUMPHRIES
1/9/2003 JACK A. HOWARD
. - . "
1/10/2003 NEW LIFE CHRISTIAN FELLOWS
1/1012003 DONALD KEITH MARTIN
1/1012003 RICHARD L. NORRIS
1/1412003 DALE E, BEENE
'.' .
1/1412003 DEANA GARZA
1/1512003 JACK HOWARD
. . .
1/21/2003 ELLEN REYES
1/2112003 DONNA R. TACY
112112003 JACK A. HOWARD
1/2112003 BALDEMAR GARZA JR.
. .
1/22/2003 GEORGIA LAMBERT
, .
1/2212003 C. WADE BAKER
1/22/2003 CHARLES A, WESLEY
1/2212003 BOB QUINN
1/2212003 FRANK SESSIONS
1/2312003DERRELL C. WILLSON
1/2312003 MARK TRAHAN
1/24/2003 RUSSELL CHAPMAN
1/24/2003 MARVIN O. CASTEEL
1/2412003 ESTEBAN GARCIA, JR.
1/2412003 LEROY JONES
1/2712003 SIDNEY GRANT
1/2712003 SIDNEY GRANT
1/27/2003 MARVIN O. CASTEEL
1/2912003 ESTELLE BERTRAM
1/3012003 DENNY BEACHAM
213/2003 PHILIP COLLINS
Pennit No,
1>2.:00001623
1>2-00001624
1>2-00001625
02-00001633
02-00001635
02-00001632
02-00001631
02-00001648
02-00001660
02-00001661
02-00001664
,02-00001665
102-00001663
02-00001678
02-00001697
02-00001726
02-00001732
02-00001742
02-00001744
02-00001762
02-00001761
03-00000012
. . .-
03-00000014
.03-00000016
03-00000020
03-00000023
03-00000024
03-00000034
.03-00000038
03-00000039
03-00000053
... .
03-00000051
03-00000055
,03-00000072
03-00000071
03-00000063
03-00000076
03-00000090
03-00000086
03-00000083
03-00000089
03-00000085
03-00000091
03-00000094
03-00000108
03-00000111
:03-00000109
03-00000110
03-00000118
03-00000117
03-00000113
03-00000128
03-00000135
03-00000149
Number of Truckloads
10
900
400
2871
20
20
18
60
300
100
'1800
100
40
35
:40
1500
40
1200
7
,100
:10
40
40
.40
,40
'80
40
40
.40
,6
740
100
40
40
,40
20
80
2000
40
40
40
40
800
5000
1000
1000
75
1000
1500
100
Ac
3.2
4.1
4
iscellaneous Comments
RASING REAR 4 LOTS OF LAND
! ~~ditions
GRADE LAND TO DRAIN TO INDICATED SWALE.
I .
GRADE FILL OPERATIONS TO DRA~IN TO PROPOSED SWALES
'GRADE ALL FILL TO DRAIN TO EXISTING POND
.. - " . . ..,
, PERMIT HOLDER IA RESPONSIBLE FOR 20
GRADE LANDS TO DRAIN TO PROPOSED SWALES FOR RESIDENTIAL CONSTRUCTION 0.1
- - . - --
GRADE LAND TO DRAIN TO PROPOSED SWALES. RESIDENTIAL CONSTRUCTION 0.2
-. . .. j . . ,
GRADE LAND TO DRAIN TO BACK TO BIG ISLAND SLOUGH FILL IN BACK PART OF PROPERTY 1.2
. -
GRAD~ !-AND TO DRAIN TO SWAL~ TO FLOW TO NORTH H STREE; .FILLlNG IN~OW AREA IN BACK OF LOT. 2.5
GRADE LAND TO FALL WEST TO EAST. DRAIN TO EXISTING HCFC BRINGING IN FILL TO RAISE THE GRAD 3.1
GRADE LAND TO DRAIN TO PROPOSED PERIMETER SWALES RAISING GRADE OF LAND. EXISTING L 0.3
GRADE LAND TO DRAIN TO SWALES SHOWN AND PROPOSED ON FILL IN EAST 10 ACRES 15
GRADE LAND To' DRAIN TO EAST AND. WEST AS SHOWN ON SITE FILL SITE WITH EXCAVATION 'OF ADJAC:1
GRADE LAND TO DRAIN TO PROPOSED SWALE 2
. . .' ..
OWNER TO IMSURE NO ADVERSE: IMPACTS TO NEIGHBORS LAND. FILL IN LOW SPOTS IN BACKYARD AND 1
. '.. -
GRADE FILL TO SLOPE TO NORTH. NO FILL SHOULD BE GRADED FILL IN AREAS IN REAR OF LOT WHERE 0.1
GRADE ALL PROPOSED FILL TOWARD PROPOSED SWALES. PRO BRING IN 1500 LOADS OF DIRT. CROW :5
. - -. . . . - - ..
PROPOSED SWALES MUST BE OF-:ADEQUA TE SIZE TO HANDLE SI .FILL DIRT '5
GRADE LAND- TO SLOPE AND DRA1N AWAY FROM 2334 BUCHANAN FILi.. IN LOWER OF 2 'ADJACENT LOTS'- '3.5
'FILL TO BE FOR BUILDING PAD 'ONL Y , - FILL DIRT FOR FORM 0,3
,GRA~~. LAND TO DRAIN TO PR~Pc!)S~D. SWALES. S~ALES ~US~~!_~!N~ ~~DE OF LAND . _. ,~. '.
GRADE FILL TO DRAIN TO PARK AVENUE '3.3
-- - . . . - . ., - -- -.. -'" ,--- . , - - -- -- , , ,'"
MUST HAVE PROPER SWALES IN P:LACE TO AVOID DRAINING ONT . ,0.4
".. - , . .. .... I ... ,. " . , -.. .- '"' .
, RAISE SOUTHERNMOST HALF OF PROP 2
"MUST HAVE q~IN ~~~L!=S O~ E~THER s,lq~s OF ~~O,PER:r'( , _ FILL I~ DIRT IN A FE~ AREAS THAT AR ~.3
.~MUST PLACE SWALES; DO NqT ~RAI~ ONTO ADJA~ENT P~~P,ERT RAISE PROPERTY TO AID RUNOF~ OF 2.5
E~GINEE~'~, ~OTES ON SITE PLA~ M~ST BE FOLLOWED. AD~~<;:E PER CUMMII':IGS, THIS PERMIT ~EP~~ .1 .
" FILL IN LOW AREAS ,2.5
. ..- .. . . 4
; FILL IN LOW AR~AS :3.~
FILL DIRT TO BUILD UP LOT '1
, _ . , I . .. , .. FILL DIRT. -LEVEL ~N ~OW' SPOTS 0.2
'ENS~~E NO ADVERSE IMPACT~ TO NEIGHBORS BY USE OF .PROP .RAIS~ L~YEL OF PROPERTY.. . . .. ?8
GRADE FILL TO DRAIN TO PROPOSED SWALES. PROPOSED SWA ;BRING IN 100 LOADS OF FILL DIRT 2.1
GRADE ALL FILL TO DRAIN TO PR0POSEo'SWALES. PROPOSED S'RAISING GRADE 'OF LAND 2.5
-.. \ .". .. . . . . . - ..
GRADE LAND TO THAT ALL RUNOF,F IS TRANSMITTED AWAY FRO TOP SOIL PLACEMENT FOR GARDEN 1.9
. ,
GRADE FILL AREAS. TO DRAIN NC?~TH ~O NO~TH H STREET REPLACEMENT qlRT 2
ALL RUNOFF MUST BE CONVEYED TO SANTA ANNA LANE RAISING GRADE OF LAND. BUILDING F 0,4
GRADE ALL FILL'TO DRAIN TO AVENUE A OR TO SOUTH BLACKWE BUILD UP YARD . --' . 0.8
. '" .
STORM WATER MUST BE DRAINEO FROM SITE BY USE OF SWALE RAISING GRADE OF LAND 3.5
.. . '. . - .
MUST NOT DRAIN ONTO ADJACENT PROPERTY. '6.7
REESTABLISH PROPERTY LINE TRENCHES TO AT LEAST RECOM ELEVATION RAISING SO WATER WILL F 10
/
GRADE LAND TO DRAIN TO PROPOSED SWALES. FILL SHALL NOT RESIDENTIAL CONSTRUCTION .14
GRADE LAND TO DRAIN TO PROPOSED SWALES. FILL SHALL NOT RESIDENTIAL CONSTRUCTION .14
GRADE FILL TO DRAIN TO PROPOSED SWALES. ENSURE NO RUN 6.7
ENSURE NO STORM WATER RUNOFF FLOWS TO NEIGHBOR'S LAN 2.5
GRADE FILL TO DRAIN TOWARD PROPOSED SWALES. ENSURE N 5
ESTABLISH PROPERTY LINE SWAUES TO AT LEAST MINIMUM ~EC RAISE ELEVATION SO WATER WILL FL 10
ENSURE NO ADVERSE IMPACTS TO NEUGHBORS. ALL RUNOFF M BUILD UP ELEVATION OF ALL 6 LOTS '1
REESTABLISH PROPERTY LINE SWALES AND ENSURE NO ADVERS RAISE ELEVATION TO FLOW WATER BA 10
FINAL PRODUCT TO FOLLOW APPROVED SITE PLAN . RAISING GRADE OF LAND 3.9
PROPER SWALES MUST BE cONsjrRucTED TO DIRECT RUNOFF T DUMP DIRT AND LEVEL IT DOWN TO PU 2.5
r
II
,.
It
. project Address
201 NORTH 16TH STREET
11025 NORTH H STREET
2002 LOMAX SCHOOL ROAD
1320 UNDERWOOD ROAD
237 SOUTH HOLMES AVENUE
'237 SOUTH HOLMES AVENUE
.10809 ELIZABETH LANE
9830 NORTH H STREET
1121 ROBINSON ROAD
419 NORTH SHADY LANE
10131 NORTH L STREET
. ..
9000 SPENCER HIGHWAY
- -..
:11701 NORTH H STREET
704 NORTH 12TH STREET
2334 BUCHANAN STREET
10927 NORTH L STREET
11204 NORTH P STREET
--- . .. ..
11028 NORTH H STREET
. .
201 SOUTH BLACKWELL
419 NORTH SHADY LANE
-- . .
117 JEFFERSON STREET
. --- ~- . . . .
.725 SOUTH UTAH STREET
- - . ..
:11022 NORTH H STREET
~107,11 ~9RTH P STF~EET
.10735 NORTH L STREET
. .
2353 BUCHANAN
11012 NORTH L STREET
.. .. 0-'
10830 NORTH H STREET
;11810 NORTH H STREET
--- . .
238 SOUTH HOLMES AVENUE
1444 SENS ROAD
.'.. - - - .
2202 LOMAC SCHOOL ROAD
. ". .
10735 NORTH L STREET
- _. " .
,10107 NORTH L STREET
- .
10834 NORTH H STREET
'817 SANTA ANNA LANE
201 SOUTH BLACKWELL
10432 NORTH H STREET
11609 NORTH P STREET
11100 NORTH L STREET
, ,
210 SOUTH HOLMES AVENUE
214 SOUTH HOLMES AVENUE
11609 NORTH P STREET
11222 NORTH H STREET
10827 NORTH H STREET
11100 NORTH L STREET
10813 HOUSTON DRIVE
11100 NORTH L STREET
1426 SENS ROAD
10930 NORTH L STREET
I
Issue Date Owner's
2/3/2003 JANE O. McKENZli
2/12/2003 RUSSELL SCHROEDER
2/14/2003 MIKE McINNIS
2/14/2003 KEN BROWN
2/17/2003 ROBIN A. CALDWELL
2/17/2003 ROBIN A. CALDWELL
. --
2/21/2003 KEVIN McKINLEY
- .. ..
2/2412003 RUBEN H. RAMIREZ
2/2412003 DENNIS R. ROESE
, .
2/2612003 ERIC CUMMINGS
3/4/2003 GLENN A. KAUFFMAN
3/12/2003 MUHAMMED RAHMAN
3/1312003 DANIEL CAMPISE
3117/2003 KELBY S. VANCE
. .
3/21/2003 LINDA MAINS
3/21/2003 SHELBIE GABRILSKA
3/2112003 KENNY HUMPHRIES
3/2112003 DONALD COLE
. . . . .
3/2112003 MIKE HENLEY
. - ..
3/2512003 ERIC CUMMINGS
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3/26/2003 GREGORY D. POSTON
. _0" _ _
3/27/2003 MIRELLA S. SERNA
.. - "-- - . . .' .. -
3128/2003 JIM COATS
- . . . .. ..
3/28/2003 MARSHALL H. KENDRICK
. . . . . . -
3/2812003 KEITH MARTIN
- .. . -
3128/2003 DONALD M. NELSON
3/3112003 WARREN PORTENIER
.. - -. -. . . .
4/4/2003 VIJAY S. ROOPNARINE
. . .
4/4/2003 SHERRIE LANGLEY
~ -.. . .
4/4/2003 FRANCISCO REA
-.. . -. .-
4/8/2003 DEAN WYMAN
4/9/2003 GREG JOSEY
4/11/2003 KEITH MARTIN
. .. .. - . .
4/14/2003 RODGER E. MANSFIELD
4/21/2003 KRISTINE BRANCH
4/2312003 BRUNO A. RIVERA
4/24/2003 MIKE HENLEY
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517/2003 GUILLERMO MORA
5/8/2003 ELlJIO GARCIA
5/1312003DARELL & JOYCE DICKENS
5/1612003 ROBIN A. CALDWELL
5/1612003 ROBIN A. CALDWELL
5/28/2003 ELlJIO GARCIA JR.
- - .
5/29/2003 JOSE MARTINEZ
5/3012003 JOHN M. WILLIAMSON
6/4/2003 JOYCE DICKENS
6/9/2003 GERRY LEHEW
6/1812003 JOYCE DICKENS
6/2012003 JACK PHILLIPS
6/23/2003 HECTOR RIVERA
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---'-.............
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03-00000167
03-00000176
03-00000177
03-00000185
03-00000185
3-00000202
03-00000212
3-00000211
3-00000218
3-00000249
03-00000290
03-00000292
03-00000304
03-00000325
3-00000327
03-00000328
03-00000329
3-00000330
03-00000339
03-00000348
03-00000364
03-00000369
03-00000370
03-00000372
03-00000365
03-00000374
03-00000399
. . .
03-00000401
103-00000402
03-00000420
03-00000431
.03-00000449
03-00000469
03-00000520
03-00000537
03-00000540
.03-00000629
03-00000638
03-00000660
03-00000686
03-00000687
03-00000741
03-00000746
03-00000753
03-00000777
03-00000801
.03-00000857
03-00000869
03-00000878
Maize
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Page 1 of 1
Gillett, Martha
From: Feazelle, Debra
Sent: Wednesday, July 09, 2003 6:02 PM
To: Sterling, Brian; Urich, Sara; Joerns, John
Cc: Gillett, Martha
Subject: RE: Drainage
Ok. Will have Martha add info to packet. Thx, d
-----Original Message-----
From: Sterling, Brian
Sent: Wednesday, July 09,20032:35 PM
To: Urich, Sara; Joerns, John
Cc: Feazelle, Debra
Subject: RE: Drainage
Ms. Feazelle:
It's possible that comments received by Councilman Mosteit referred to the issuance of a Flood Plain
Development Permit (FPDP).
The FPDP is required for any development located within the 100 Year Flood Plain and in many cases,
the elevation of the subject property must be raised to an elevation level that is at or above the Base
Flood Elevation (BFE) of the flood plain.
In order to meet permit requirements, fill dirt is generally brought in to raise the property.
Brian
-----Original Message-----
From: Urich, Sara
Sent: Wednesday, July 09,20032:06 PM
To: Joerns, John; Sterling, Brian
Cc: Feazelle, Debra
Subject: Drainage
o "'.H",.''-:', .......~'<f'*..lI.;)-..O.:lo ~ <:: <;)'04;."$(>00 ~""''fIolIlo..~'~,"+;,.e<.,''''~ . .'"b"~i: ~;;.. . ~.(~ . '.. 'I.' 40..
John/Brian:
One of the comments Councilman Mosteit received regarding this dirt issue is that "13 years
ago, when I was building my house, I had to take out a permit" etc. etc. So there were some
people telling him that it was actually before 1998.
If we could have a resolution on this item by Thursday night, I think it would be to our advantage.
Thanks,
Debbie
7/1 0/2003
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Page 1 of 1
Gillett, Martha
From: Pipe & Valve [info@pipeandvalve.com]
Sent: Wednesday, July 09,20033:49 PM
To: gillettm@ci.la-porte.tx,us
Subject: Fill Dirt Committee
Just in case I have to miss the tour of impacted areas, I would request that the committee visit our property and
the associated drainage problem from the fill dirt applied on Mr Jack Howard's property. My address is 10431
North Avenue P. Mr Howard's property is adjacent to mine, off Lomax School Road. If you have any questions,
please call me 281-471-5751 or 281-541-1935. I have communicated my concerns to Mr Mike Mosteit. He is
well aware of the problem we have on our property.
Regards,
Wayne Knox
7/9/2003
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Page 1 of 1
Harris, Sharon
From: John Kling
Sent: Wednesday, July 09, 2003 9:26 PM
To: district6@ci.la-porte.tx.us
Subject: Exxon
Councilman,
I would like to take this opportunity to thank you and the employees of the City of LaPorte for all of the hard work
that went into the Exxon pipeline right of way project.
At the present time, the dirt work is in progress and after meeting with Debbie Wilmore, Robert Cummins along
with Sammy, the Exxon representative, I am amazed at what they have accomplished in this short time period.
It has always been my experience that when dealing with Government and big business, there is always a
missing cog on the gear wheel and things seem to grind to a halt. This project has proven to be just the opposite
and I would appreciate it if you would convey my thoughts to Ms Wilmore and her staff for a job well done!
Bruce, I appreciate you taking an interest in this matter and seeing it to this point. Your job is one that is thankless
most of the time, but today, rest assured that you have made a difference and we, the citizens of LaPorte, are
very proud to have you for our councilman.
In closing, please don't hesitate to call on me for anytime you think I may be of assistance to you. I am
now retired from the Houston Fire Department after 30 years and although my expertise lies in Aircraft
Rescue and Firefighting, I am open for most any project.
John R. KLing
jkling l@houston.rr.com
7/10/2003
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Gillett, Martha
From:
Sent:
To:
Subject:
BEACHAM, DENNY (JSC-DX12) (RAY) [denny.beacham1@jsc.nasa.gov]
Thursday, July 10, 20038:22 AM
'Gillett, Martha'
RE: Lomax area fill dirt
Would you please advise the committee that due to previous commitments I will not be able
to personally attend this meeting. However, I would like to personally express myself to
the committee at some point in the future. Please advise any of the members to feel free
to contact me at any of the numbers listed in the original message.
Thank you,
Denny Beacham
-----Original Message-----
From: Gillett, Martha [mailto:GillettM@ci,la-porte.tx.us]
Sent: Tuesday, July 08, 2003 3:07 PM
To: BEACHAM, DENNY (JSC-DX12) (RAY)
Subject: RE: Lomax area fill dirt
I am in receipt of your e-mail and will forward to the committee.
-----Original Message-----
From: BEACHAM, DENNY (JSC-DX12) (RAY) [mailto:denny.beacham1@jsc.nasa.gov]
Sent: Tuesday, July 08, 2003 2:23 PM
To: 'gillettm@ci.la-porte.tx.us'
Subject: Lomax area fill dirt
To whom it may concern:
I am very interested in the concern that has arisen over the matter of a construction
contractor offering fill dirt to various La Porte residents of the Lomax area. I
understand that a tour is being made by the City Council members in order to investigate
this matter. I would like to request that my property at 9823 North P street be included
on this tour. The area is low lying and despite my efforts throughout the years to improve
drainage, still holds water after minor rains. The neighboring lots suffer from the same
problem. The offering of low cost fill dirt and grading to residents by this contractor
will correct my drainage problem at minimal cost without impacting my neighbors.
I hope that I will get an opportunity to discuss this matter further with those
individuals concerned.
Thank you,
Denny Beacham
281-792-5868 wk
281-470-8416 hm
713-506-1085 pg
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ORDINANCE NO. 1444-A
AN ORDINANCE AMENDING SECTION 2.19 DEVELOPMENT, SECTION 4.08
DEVELOPMENT SITE PLANS: GENERAL AND SECTION 11.02, DRAINAGE AND
STORM SEWER, OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE
PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA
PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA
PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS
($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN
MEETINGS . LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Section 2.19, Develooment, Section 4.08 Develooment
Site Plans: General, and Section 11.02, Drainage And Storm Sewer, of City of La Porte
Ordinance No. 1444, are desirable and in furtherance of the goals and objectives stated
in the City of La Porte's Comprehensive Plan.
Section 2. Section 2.19, DEVELOPMENT, of City of La Porte Ordinance 1444,
is hereby amended to read as follows, to-wit:
"2.19 DEVELOPMENT: The process of ~onverting land within the City's
jurisdiction from its natural state, or alterina the elevation of orooerty,
or converting its existing usage to residential, commercial, or
industrial uses. This definition encompasses any and all physical
changes to the land not regulated through the City Building Code
ORDINANCE NO. 1444-~ ,
Page 2
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inherent in such conversions. The term development includes
subdivisions as defined herein."
Section 3. Section 4.08 DEVELOPMENT SITE PLANS: GENERAL, of City of
La Porte Ordinance 1444, is hereby amended to read as follows, to-wit:
"4.08 DEVELOPMENT SITE PLANS: GENERAL
The following sections of this Ordinance outline procedures for
preparing and obtaining approval for developments not defined
herein as subdivisions. Except as noted in Section 4.08 (A) below, it
shall be a violation of this Ordinance for any person to develop
property within the City of La Porte without first:
a. Filing a Development Site Plan and required documentation for
approval.
b, Having said Development Site Plan approved according to the
procedures set forth herein; and
c. Obtaining a Development Authorization.
A. DEVELOPMENT SITE PLANS: EXCEPTIONS TO FILING
REQUIREMENTS
+_"'Jo Development Site Plan filing shall be required as pr{)vided for
herein in the case of a development v:hich is strictly ~gricultural in
character and use.
~ No Development Site Plan filing shall be required as provided for
herein in the case of a development that is solely and strictly a
ORDINANCE NO. 1444- AI ,
Page 3
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Subdivision, as that term is defined herein, and the requirements
of Section 4.04 of this Ordinance have been satisfied for such
Subdivision.
~_~o Development Site PI:m filing ahall be roquired :lS (:Jrovided for
heroin in the case of a de'Jelopment th:lt is Gtrictly residential in
character and use, and occurs in the fOFm of a Dingle f:lmily
house, rog:lrdlesG of whether Gaid house is eonstructed inside or
outside of a Subdivision.
B. MAJOR AND MINOR DEVELOPMENT SITE PLANS:
REQUIREMENTS AND CONTENTS
(SEE APPENDIX E)
For both Major and Minor Developments, the Development Site
Plan is drawn accurately to scale with exact dimensions. When
accompanied by all other required documentation, Development
Site Plans contain sufficient detail for evaluation of the proposed
development. Complete instructions for preparing Development
Site Plans are contained on Appendix E."
Section 4. Section 11.02, Drainage and Storm Sewers, of City of La Porte
Ordinance No. 1444 is hereby amended by adding language pertaining to the alteration
of the elevation of property. Section 11.02, Drainage and Storm Sewers, shall hereafter
read as indicated below:
and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor
Section 5. Any person, as defined in Section 1.02(27) Texas Penal Code, who
Enaineer."
Said certifIe_d site alan shall be subiect to aaproval by theCitv
PlaJ1Shall_delineate the proposed chanqe or elevation of prooertv.
elan prior to the change or alteration of prooerty, w_hich_said Site
alteration in_Jhe elevation of property requires submission of a Site
aJ.Jth()~zation from the City Planning Department. Anv change_ Qr
change or alteration of the elevation of property, a development
shall be Iesponsible for applving for and 'obtaininq, prio,=-JlLsaid
Anv person or persons that alter or chanqe the elEvation of property
designated representatives.
and shall be subject to the approval of the Director of Planning or his
property shall be accounted for in the design of the drainage system,
of the subdivision and/or development. The protection of adjoining
requirements.) Adequate drainage shall be provided within the limits
downstream developments, (See also Chapter 94, Floods, of the
Code of Ordillances of the City of La Porte for addjtional
Adequate drainage shall be provided as to reduce the community's
exposure to flood hazards with respect to adjacent, upstream and
"11.02 DRAINAGE AND STORM SEWER
. I "~ '.r-; .'
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ORDINANCE NO. 1444-----A,.
Page 4
ORDINANCE NO. 1444- ~ ,
Page 5
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($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 6. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of any Zoning Ordinance or amendments thereto, of
said City of La Porte, that have accrued at the time of the effective date of this Ordinance;
and as to such accrued violation, the court shall have all the powers that existed prior to
the effective date of this Ordinance; and as to such accrued violation, the court shall have
all the powers that existed prior to the effective date of this Ordinance; and that all
existing violations of previous zoning ordinances which would otherwise become
non-conforming uses under this Ordinance but shall be considered as violations of this
Ordinance in the same manner that they were violations of prior zoning ordinances of
said City of La Porte.
Section 7. 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, it is hereby declared to
be the intention of the City of 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 8. 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 Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
ORDINANCE NO. 1444- ~,
Page 6
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as required by law at all times during which this ordinance 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 9. This Ordinance shall become effective fourteen (14) days after its
passage and approval, however, implementation of this ordinance will not take place until
180 days after its passage. The City Secretary shall give notice to the passage of the
notice by causing the caption to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE....1.L DAY OF March
,1998.
CITY OF LA PORTE
By:b~ ~~
. N RMAN MA(ONE, r -
A TTESTA TION:
B~IJL )/1t!t.fL
ARTHA GILLETT,
City Secretary
,
.
RESOLUTION NO. 03- J!L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE
OF PERMITS UNDER ORDINANCE NO. 1444-A, PASSED AND APPROVED ON
MARCH 23, 1998, FOR ALTERING THE ELEVATION OF PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING THAT SUCH
MORATORIUM SHALL EXPIRE AFTER 180 DAYS FROM THE DATE OF PASSAGE OF
THIS RESOLUTION; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF
HARDSHIP; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
SECTION 1. The City Council of the City of La Porte finds and determines that the
practice of property owners within the City of La Porte altering or changing the elevation of
their property by adding fill dirt to the property, without filing proper site plans with the City,
and without obtaining proper certification and permits from the City, is, in some cases,
causing damages to adjoining and abutting property, and is not in the best interest of the
public health, safety and general welfare of the citizens of the City of La Porte.
SECTION 2. The City Council further finds and determines that it is in the best
interests of the public health, safety and general welfare of the citizens of the City to place a
moratorium on the acceptance for filing and consideration and the issuance of approval of
Site Plans under the terms and provisions of Ordinance No. 1444-A, Section 11.02
Drainaae and Storm SewelS. delineating proposed changes in the elevation of property
within the corporate limits of the City of la Porte, for a period of 180 days from the date of
passage of this resolution. Provided, however, that this Moratorium does not extend to the
issuance of approval of Site Plans under the terms and provisions of Ordinance No. 1444-
A, of Building Permits and/or Site Plans for approved Commercial Site Plans, and/or
Residential House Pad construction.
.
e
SECTION 3. This moratorium shall remain in effect for a period of 180 days.
SECTION 4. Any property owners subject to this moratorium may apply to the City
Council for an exception in the event that a hardship results from its application, and the
City Council is authorized to grant an exception when it finds that such hardship does exist.
SECTION 5. 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 is 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 6. This Resolution shall be effective from the date of its passage and
approval, and it is so ordered.
2
.
.
PASSED AND APPROVED this the 23rd day of June, 2003.
CITY OF LA PORTE
)1~~~
. \ f
Norman L. Malone, yor
ATTEST:
~W'#-
Martha Gillett,
City Secretary
3
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