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05-11-10-Ordinance-Amending the Floodplain Management Regulations-05/03/2010ORDINANCE #05-11-10 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS; AMENDING ARTICLE 3.900 FLOODPLAIN MANAGEMENT REGULATIONS, BY AMENDING SECTION 3.905(b)(1) RESIDENTIAL CONSTRUCTION, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 Article 3.09 "FLOODPLAIN MANAGEMENT REGULATIONS" Section 3.905 (b)(1) "Residential Construction." in the Code of Ordinances of the City of Sanger, Texas, Is Hereby Amended, which said Section shall be Read as Follows: Sec. 3.905 (b) (1) Residential Construction. New Construction and substantial improvement of any residential structure on a lot where the final plat was filed after May 1, 2010 shall have the lowest floor (including basement), elevated two feet (2') or more above the base flood elevation. New Construction and substantial improvement of any residential structure on a lot where the final plat was filed before May 1, 2010 shall have the lowest floor (including basement), elevated one foot (F) or more 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 Section 3.904(c)(1)(A), is satisfied. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage, and the publication of the caption, as the law and Charter in such cases provide PASSED AND APPROVED this 3rd day of May 2010, by the City Council of the City of Sanger, Texas. ,e d e t►t tttStrrrrrprf J e Higgs, Mayor ATTEST: Tami Taber, City ,rrr- f' A5, , . O q